BEFORE THE PUBLIC SERVICE COMMISSION
STATE OF GEORGIA
GEORGIA POWER COMPANY,

)
)
Petitioner,
)
)
)
v.
)
)
WALTON ELECTRIC MEMBERSHIP
)
CORPORATION
)
)
Respondent.
)
__________________________________________)

Docket No. 42509

PETITION AND COMPLAINT OF GEORGIA POWER COMPANY
Georgia Power Company (hereinafter "Georgia Power") respectfully files this Petition
and Complaint with the Georgia Public Service Commission (hereinafter the "Commission") and
shows the Commission the following:
1.
This Petition is filed pursuant to the rules of the Commission and the provisions of the
laws of the State of Georgia, vesting in the Commission jurisdiction over the parties and their
actions with regard to matters arising under the Georgia Territorial Electric Service Act,
O.C.G.A. § § 46-3-3 through 46-3-15 (hereinafter the "Territorial Act").
2.
Walton Electric Membership Corporation (hereinafter "Walton EMC") and Georgia
Power are electric suppliers as defined in the Territorial Act, O.C.G.A. § 46-3-3(3), and are
subject to the jurisdiction of the Commission to enforce the provisions of the Territorial Act
through appropriate orders.

38756876

 3.
This dispute concerns the provision of electric service to a premises consisting of
standard light industrial construction typically used for the manufacture and distribution
warehousing of consumer goods. The premises is located at 266 Industrial Park Road, Hartwell,
Georgia, 30643 (the “premises”). A photograph of the premises is attached hereto as Exhibit A.
The premises is located in Georgia Power’s assigned service territory in Hart County, Georgia.
As is expressly provided by O.C.G.A. § 46-3-3(1), within that assigned area Georgia Power has
the exclusive right to extend and to continue furnishing service to new premises except as
otherwise provided by the Territorial Act.
4.
Georgia Power lawfully extended service to the premises after March 29, 1973.
5.
The present owner of the premises began taking service in its name from Georgia Power
on November 8, 2017.
6.
Georgia Power is presently serving the premises.
7.
The premises has not been destroyed or dismantled.
6.
On April 9, 2019 representatives of Walton EMC stated to Georgia Power that Walton
EMC had entered into a letter of intent with the present owner of the premises for Walton EMC
to serve the premises. On April 10, 2019, a representative of the owner of the premises
confirmed its intention to take electric service from Walton EMC. Any such service extension is
unauthorized and unlawful under the Territorial Act because the premises is one lawfully served

2
38756876

 by Georgia Power and does not qualify for any exception from the exclusive service rights
extended by the Territorial Act.
7.
An extension of retail electric service by Walton EMC or any electric supplier other than
Georgia Power to the premises would be in violation of the Territorial Act, specifically O.C. G.
A. § 46-3-11(b)(4), prohibiting any electric supplier from “[f]urnishing retail electric service to
any premises which such electric supplier is not entitled to serve under this part.”

WHEREFORE, Georgia Power prays:
(1)

that the Commission find and determine that Walton EMC is in violation of the

Territorial Act by attempting to provide retail electric service to the premises;
(2)

that the Commission find and determine that Georgia Power is the lawful supplier

of electricity to the premises;
(3)

that the Commission order Walton EMC to cease its efforts to serve the premises

or, if Walton EMC has established service, then to order Walton EMC to disconnect service to
the premises and transfer such service to Georgia Power; and
(4)

that Georgia Power be afforded such other and further relief as the Commission

shall deem just and proper.

3
38756876

 Respectfully submitted this 26th day of April 2019.
TROUTMAN SANDERS LLP

_________________________
Robert P. Edwards, Jr.
State Bar No. 241550
William M. Droze
State Bar No. 231039
Attorneys for Georgia Power Company
Troutman Sanders LLP
Suite 3000
600 Peachtree Street, N.E.
Atlanta, Georgia 30308-2216
(404) 885-3000

4
38756876

 CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the foregoing PETITION AND
COMPLAINT OF GEORGIA POWER COMPANY IN DOCKET NO. 42509 on Respondent
Walton Electric Membership Corporation by depositing same in the United States mail with
sufficient postage thereon to insure delivery and addressed as follows:
Mr. D. Ronnie Lee
President and CEO
Walton Electric Membership Corporation
P.O. Box 260
842 U.S. Hwy 78 NW
Monroe, Georgia, 30655
This 26th day of April 2019
___________________
Robert P. Edwards, Jr.
State Bar No. 241550
Attorney for Petitioner
Georgia Power Company

5
38756876