Public Service Commission Affirms Hearing Officer’s Decision that a Switch from Master Meter to Individual Metering of Apartments Does Not Impact Territorial Rights


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.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sutherland Asbill & Brennan LLP | Attorney Advertising

Written by:


Sutherland Asbill & Brennan LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.