351 Ga. App. 69
Ga. Ct. App.2019Background
- Jackson High School (built 1989) is located in Central Georgia EMC’s assigned territory, but the Butts County Board of Education elected to have the City of Jackson provide service to the high school under the Territorial Act’s large-load exception; the City served the school since construction.
- In 2015 a new gymnasium ("New Gym") was constructed adjacent to and physically connected to the high school; original plans showed the City would serve it via the same single-meter arrangement as the high school.
- During construction a change directive altered electrical plans so the New Gym would be separately metered and served by Central Georgia after the Board selected Central Georgia to serve the New Gym.
- Historically, the campus previously had a separately metered guard shack (removed 2013) and six temporary trailers (removed 2014); at the time of the New Gym’s construction the main school was singly metered and the only existing premises on campus.
- The hearing officer and the Georgia Public Service Commission concluded the New Gym is an expansion of the existing premises such that the Territorial Act’s grandfather clause (exclusive right to continue serving premises lawfully served) allowed the City to serve the New Gym; the superior court affirmed and this appeal followed.
Issues
| Issue | Plaintiff's Argument (Central Georgia) | Defendant's Argument (City) | Held |
|---|---|---|---|
| Whether the grandfather clause protects a new building | Grandfather clause protects only continuation of service to existing buildings; it doesn’t cover new buildings | Grandfather clause protects a "premises," which can include multiple buildings on contiguous land used by one consumer, so a new building serving as an expansion can be covered | The clause can protect a new building when it is an expansion of existing premises; Commission’s interpretation upheld |
| Whether the New Gym is an "expansion" or a separate premises | New Gym is a new, separately metered building and thus a separate premises | New Gym is physically attached, serves similar purposes, and (absent the Board’s provider choice) would have shared common metering and systems with the school => an expansion | Found to be an expansion of Jackson High School; factual findings supported by record |
| Whether historical separate metering of removed structures precludes expansion finding | Past separate meters (guard shack, trailers) show campus historically had separate premises; therefore new building must be separate | Those structures were removed before the New Gym was built; at construction only the singly metered school existed as the campus premises | Commission reasonably declined to treat prior, removed separately metered structures as determinative |
| Whether separate metering installed due to customer/provider choice is dispositive | Separate meter and independent billing mean the New Gym is a separate premises | Separate metering caused by the Board’s decision to pick Central Georgia should not defeat the grandfather protection; Commission does not treat meter count as controlling | Commission properly considered metering as one factor but not dispositive; upheld |
Key Cases Cited
- Pruitt Corp. v. Georgia Department of Community Health, 284 Ga. 158 (court affords deference to agency statutory interpretation and reviews agency fact findings for any evidence)
- Excelsior Electric Membership Corp. v. Georgia Public Service Commission, 322 Ga. App. 687 (explains appellate review limits and deference to agency fact-weighting)
- City of LaGrange v. Georgia Public Service Commission, 296 Ga. App. 615 (describes Territorial Act exclusive-right framework and premises concept)