On August 18, 2010, the Public Service Commission (“Commission”) affirmed the Hearing Officer’s decision in In Re: Excelsior Electric Membership Corporation v. Georgia Power Company (Docket No. 28607), in which Excelsior EMC challenged Georgia Power’s provision of electric service to approximately 984 apartment units comprising the Campus Club-Statesboro apartment complex. The Commission held that there was “no basis under the Territorial Act to require Georgia Power to surrender its right to serve Campus Club.” (Order Adopting The Hearing Officer’s Initial Decision, p. 5.)

The dispute involved an apartment complex located exclusively within Excelsior EMC’s assigned service territory. The apartments were housed in approximately 17 separate buildings. When the apartments were completed in 2001, they were treated more like furnished dormitory rooms than apartments and were served through a master meter. Because the connected electrical load at initial full operation was greater than 900 kW for the entire Campus Club apartment complex, the premises was “customer choice,” and the customer selected Georgia Power to serve. Georgia Power has been serving the apartments since that time.