Georgia Court Of Appeals, (October 27, 1997)
Docket number: A97A1142
DECIDED
POPE, Presiding Judge. - DECIDED
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Judgments reversed. Johnson and Blackburn, JJ., concur.

Troutman Sanders, Kevin C. Greene, Joseph S. Asher, Norman L. Underwood, for appellant (case no. A97A1143).Thurbert E. Baker, Attorney General, Brenda H. Cole, Alan Gantzhorn, Thomas K. Bond, Assistant Attorneys General, for appellant (case no. A97A1142).
In March 1995, the Public Service Commission ("PSC") had its staff investigate Georgia Power Company's earnings to determine whether the company was receiving in excess of the 12.25 percent return on equity set forth in a 1991 rate case. In its report, the staff found that Georgia Power was not earning in excess of its allowed return, but concluded that Georgia Power's rates produced annual revenues in excess of its current and future revenue requirements. Based on the above, the staff recommended that the PSC issue a rule nisi so that Georgia Power's rates could be adjusted to reflect its current revenue requirements. Georgia Power responded to the staff's findings and recommendation by filing an "Alternative Rate Plan" which proposed that Georgia Power be allowed to earn a return on equity within the range of 10 percent to 12.50 percent rather than at a single specific percentage rate. Under its Alternative Rate Plan, Georgia Power also agreed not to file any general rate case unless its projected return on equity fell below the above range. It would, however, be required to file a general rate case on July 1, 1998. The Alternative Rate Plan did not actually recommend or request any rate changes for customers.Rather than issue a rule nisi for a rate hearing, the PSC decided to conduct a hearing during which it would consider both its staff's report and recommendation, and Georgia Power's Alternative Rate Plan. The PSC allowed Campaign For A Prosperous Georgia ("CPG"), and others, to intervene in that proceeding and to participate in limited oral argument, during which CPG urged the PSC to conduct a full hearing on the matter. During the proceedings, the PSC's staff modified its original recommendation and proposed an "Accounting Order." That order adopted significant portions of Georgia Power's proposed Alternative Rate Plan, including adoption of the range for return on equity proposed by Georgia Power. It did not, however, change any of Georgia Power's customer's rates. Subsequently, the PSC adopted and issued the Accounting Order.CPG appealed to the superior court. Concluding that the matter should be treated as a rate case, rather than a mere accounting matter, the superior court determined that the Accounting Order was illegal because the PSC had not conducted a full hearing in accordance with the Administrative Procedure Act, see OCGATry vLex for FREE for 3 days
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