SUMTER ELEC. MEMBERSHIP CORP. v. GEORGIA POWER COMPANY

No. S09G1131.

690 S.E.2d 607 (2010)

SUMTER ELECTRIC MEMBERSHIP CORPORATION v. GEORGIA POWER COMPANY et al.

Supreme Court of Georgia.

March 1, 2010.


Attorney(s) appearing for the Case

Sutherland, Asbill & Brennan, James A. Orr, Jennifer N. Ide, Benjamin C. Morgan, Atlanta, for appellant.

Troutman Sanders, Robert P. Edwards, Jr., Thurbert E. Baker, Atty. Gen., Alex F. Sponseller, Daniel S. Walsh, Asst. Attys. Gen., for appellees.


THOMPSON, Justice.

In 1973 the legislature enacted the Georgia Territorial Electric Service Act (OCGA § 46-3-1 et seq.) to provide a mechanism for assigning territories to electrical suppliers. Under the act, the Public Service Commission (PSC) was authorized to assign territories according to specific statutory criteria.

In 1975 the PSC assigned the territory around Leesburg, Georgia to Georgia Power Company. In 2002 Georgia Power learned that Sumter...

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