Rule 515-7-3-.02 - Commission Authority and Scope of Provisions(1) Consistent with the Official Code of Georgia Annotated (O.C.G.A.) §§ 46-4-153 and 46-4-153.1, a person shall be required to obtain a certificate of authority from the Georgia Public Service Commission to sell or offer to sell natural gas in intrastate commerce to retail customers in a particular delivery group(s) who primarily receive firm service within the State of Georgia, as described by the regulations in this Rule. The Commission shall have the authority to: (a) Adopt reasonable rules governing the certification of a marketer;(b) Grant, modify, impose conditions upon, or revoke a certificate;(c) Adopt reasonable rules governing quality of service;(d) Resolve complaints against a marketer regarding that marketer's service;(e) Adopt reasonable rules and regulations relating to billing practices of marketers and information required on customers' bills; and(f) Adopt reasonable rules and regulations relating to minimum resources which marketers are required to have in this state for customer service purposes. The rules set forth herein specify the manner in which such certificates shall be issued, identify the criteria that applicants must meet to obtain certification, set forth service standards, state prerequisites to an application being filed, establish hearing procedures, and specify the manner in which customer complaints shall be addressed. These rules also provide for the grounds upon which the Commission may deny, revoke, suspend, or modify a certificate of authority.
(2) The requirements of these rules shall apply to any person who sells or offers to sell any commodity sales service or distribution service in intrastate commerce to retail customers in a particular delivery group(s) who primarily receive firm service within the State of Georgia.(3) Notwithstanding any provision of the law to the contrary, any person selected by an EDC, a certificated marketer, or a regulated provider may perform billing and meter reading services on behalf of such entity without first becoming certificated in accordance with the provisions of O.C.G.A. § 46-4-153, provided that a certificated marketer or a regulated provider also submits meter reading data so obtained to the EDC in a timely manner.(4) Except as otherwise provided in Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, as amended, the issuance of a certificate of authority to a person by the Commission does not subject that person to the jurisdiction of the Commission under Title 46, including, without limitation, the provisions of Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, as amended.(5) In the event of any conflict between the provisions of this Rule and applicable provisions of the Official Code of Georgia Annotated, including O.C.G.A. §§ 46-4-153 and 46-4-153.1 as they may be amended from time to time, the applicable provisions of the O.C.G.A. shall take precedence. Any such conflict as to one or more provisions of these rules shall not, however, void or nullify any remaining provisions thereof.Ga. Comp. R. & Regs. R. 515-7-3-.02
O.C.G.A. §§ 46-2-30, 46-4-150 et seq. (See especially, O.C.G.A. §§ 46-4-153, 46-4-153.1, 46-4-160).
Original Rule entitled "Standard of Conduct" adopted as ER. 515-7-3-0.5-.02. F. Nov. 12, 1996; eff. Nov. 5, 1996, the date of adoption.Amended: New Rule entitled "Commission Authority and Scope of Provisions" adopted. F. Feb. 10, 1998; eff. Mar. 2, 1998.Amended: F. Mar. 12, 2002; eff. Apr. 1, 2002.Amended: F. Aug. 13, 2002; eff. Sept. 2, 2002.Amended: F. Sept. 3, 2002; eff. Sept. 23, 2002.Repealed: New Rule of same title adopted. F. Feb. 15, 2008; eff. Mar. 6, 2008.Amended: F. June 18, 2018; eff. July 8, 2018.