Rule 515-7-1-.13. Commission May Suspend, Revoke, Alter or Amend Certificate

1. (1) The Commission may at any time after notice and opportunity to be heard and for reasonable cause suspend, revoke, alter or amend any certificate if the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules or regulations prescribed by the Commission, or any other law of this State regulating these pipe line or distribution systems, if in the opinion of the Commission the holder of the certificate is not furnishing adequate service, or if the continuance of said certificate in its original form is incompatible with the public interest.

2. (2) Any certificate issued under Article 2 of Chapter 4 of Title 46 shall be revoked or amended by the Commission upon application to the Commission by a person to provide natural gas service to a specified end-use customer, property owner, or developer who has requested natural gas service if the holder of the certificate has failed to begin construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate. Provided, however, that the applicant must show that the specified end-use customer, property owner, or developer who has requested natural gas service is located at least two and a half (21/2) miles beyond where the holder of the certificate has begun construction or operation of any pipeline, or distribution system, or any extension thereof. Once a person has filed such an application, the portion of the certificate of the territory for which the applicant is seeking to provide natural gas service to a specified end-use customer, property owner, or developer shall be deemed revoked or amended. The Commission shall determine whether the applicant shall be entitled to a certificate for the territory that has been excluded from the certificate by revocation or amendment, whether such territory should be reissued to the person who held the certificate at the time of the application, or whether such territory shall be deemed uncertificated. The Commission shall make such determination within 90 days of the application and shall consider, in addition to the factors set forth in subsection (a) of Code Section 46-4-25, whether the applicant can offer service in a timely manner, and such other factors the Commission deems in the public interest. The Commission in determining whether to reissue a certificate to the person who held the certificate at the time of the application shall consider the length of time the certificate was held without service being provided. The newly certificated area shall be designed by the Commission to serve the customers, property owners, or developers in question while ensuring a boundary with safety and public welfare as the focus.

   1. (a) As used in this rule,"construction" shall be deemed to have begun if a contract has been executed between the certificate holder and a third party, to include but not be limited to mains and costs, and with actual commencement of gas facilities being built within nine (9) months of the contract date.

   2. (b) As used in this rule,"substantially all of the territory covered by such certificate" shall mean 75% or greater of the geographic territory covered by such certificate where such percentage is calculated as follows:

      % = (N/D) * 100

      For said calculation the terms shall be defined as:

      N = The acreage contained in the area within a one (1) mile perimeter surrounding the certificated area in which holder of certificate has begun construction or operation of any pipeline, or distribution system, or any extension thereof. As used in this rule,"construction" shall be deemed to have begun if a contract has been executed between the certificate holder and a third party, to include but not be limited to mains and costs, and with actual commencement of gas facilities being built within nine (9) months of the contract date.

      D = The total acreage of the certificated area.

3. (3) Within ninety (90) days of the submission of a complete application, the Commission shall determine whether the applicant shall be entitled to a certificate for the territory that has been excluded from the certificate by revocation or amendment, whether such territory should be reissued to the person who held the certificate at the time of the application, or whether such territory shall be deemed uncertificated.
4. (4) The ninety (90) day time frame during which the Commission is charged with reaching a determination under O.C.G.A. § 46-4-28(a.1) shall not commence unless and until a completed application has been submitted by the applicant. Within fifteen (15) days after the filing of such an application, the Commission shall provide the applicant with either a written notification stating that said application is deemed to be complete, or, a written notice of incompleteness specifying what information is lacking. In those instances in which additional information is provided pursuant to a notice of incompleteness, the Commission shall notify the applicant no later than fifteen (15) days following its receipt of the additional information whether such information is sufficient to regard the application as complete. An application will be deemed by the Commission to be withdrawn if after twenty (20) days from the date of a notice of incompleteness of said application applicant has not filed the required information or provided an explanation as to why said information is unavailable.

Authority: Authority Ga. L. 1878-79, p. 125, 1907, pp. 72, 75, 1922, pp. 143, 144, 1956, pp. 104, 105, 1964 p. 338, 1965, p. 283, 1975, Sec. 2, p. 406.

History. Original Rule entitled "Commission May Suspend, Revoke, Alter or Amend Certificate" adopted. F. Dec. 29, 1975; eff. Jan. 1, 1976, as specified by Ga. L. 1975, p. 411.

Amended: F. May 22, 2008; eff. June 11, 2008.