In explaining its decision, the court accepted that, when new meters are installed for individual apartments within a single complex, those apartments become new premises for purposes of the Georgia Territorial Act. 1 Georgia Court of Appeals Answers One Critical Question-But Declines to Answer Another-on the Effect of Single Metering for Apartment Units Under the Georgia Territorial ActThe Georgia Court of Appeals has recently affirmed the Public Service Commission’s ruling that the grandfather clause permits an electric supplier to continue to serve an apartment building, even when the individual apartments are later converted to single metering. This communication does not create an attorney-client relationship between Sutherland and the recipient. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this communication. This communication is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. This communication is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. LEGAL ALERT J© 2013 Sutherland Asbill & Brennan LLP. Please see full alert below for more information. The Court of Appeals also noted that the grandfather clause was not at issue in Sawnee. Nonetheless, the Court of Appeals held that Sawnee only addressed the definition of “premises” at the time the customer makes its selection of an electrical supplier. In Sawnee, the Georgia Supreme Court held that where “electric service to the individual apartments is separately metered and the charges for service to each tenant are calculated independently, the complex cannot be considered ‘one premises’ within the statutory definition.” Id. The court further distinguished another Territorial Act case involving single metering in an apartment building, Sawnee Electric Membership Corp. But the court nonetheless determined that the grandfather clause permitted the original electric supplier-that previously had been serving the apartment building under a single meter-to continue serving the individually metered apartments because (1) the original service was lawfully provided and (2) none of the exceptions to the grandfather clause applied. The Georgia Court of Appeals has recently affirmed the Public Service Commission’s ruling that the grandfather clause permits an electric supplier to continue to serve an apartment building, even when the individual apartments are later converted to single metering.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |