Allied Chemical Corp. v. Georgia Power Co.

224 S.E.2d 396, 236 Ga. 548, 1976 Ga. LEXIS 936
CourtSupreme Court of Georgia
DecidedApril 6, 1976
Docket30664
StatusPublished
Cited by17 cases

This text of 224 S.E.2d 396 (Allied Chemical Corp. v. Georgia Power Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allied Chemical Corp. v. Georgia Power Co., 224 S.E.2d 396, 236 Ga. 548, 1976 Ga. LEXIS 936 (Ga. 1976).

Opinions

Hall, Justice.

This appeal, is brought by certain industrial consumers of electrical power from an August 6, 1975 order of the Fulton Superior Court denying injunctive and other relief against utilization by Georgia Power Company, an electrical utility, of a certain rate structure. We affirm the superior court and rule that the challenged rates are not void as a denial of equal protection to the industrial consumers.

The rate structure was established by a December 13,1973 order of the Public Service Commission in Docket No. 2465-U. The complaint alleged that the new rates effected a radical change in the relationship among different rates charged to different classes of consumers, and discriminated unjustifiably against the industrial class of consumers in violation of the equal protection guarantees of the Federal and State Constitutions. The complaint also attacked the rate level established in a related order of the commission, and this court, on interlocutory appeal related to that question, ruled that appellants did not have standing to raise a due process claim on grounds that the rates charged them were too high. Ga. Power Co. v. Allied Chemical Corp., 233 Ga. 558 (212 SE2d 628) (1975). That decision recognized the applicability of equal protection guarantees, however, id., p. 559, and that is the basis for the present appeal.

The findings of fact of the superior court are set forth in the Appendix to this opinion detailing the history [549]*549and content of the challenged order and related orders. The claim before us, however, may be briefly placed in context and stated.

In its final order in Docket No. 2465-U, the Public Service Commission imposed a general rate increase on retail purchasers of electricity of $17.8 million, plus imposing a surcharge of a flat 1.345 mills per kilowatt hour on all electricity purchased, in such a way that the pre-existing rate structure was altered by raising the bills of residential users of power by about 6%, but industrial users by about 16%. The utility’s retail customers may be divided into various classes: residential; commercial; industrial; and street and outdoor lighting. Appellants contend that before the challenged rate change, the actual differences in conditions of service to the classes required correction of rates to yield returns closer to the average rate of return of the retail system if they were to become more equitable; but the Commission in the new rates merely aggravated the pre-existing inequality. Specifically, before the increases, Georgia Power’s rate of return for the total retail system was 7.03%; but the residential class returned only 5.68% while the industrial class returned 7.31%. After the increase, the total retail system returned 8.76%, the residential class 6.89%, and the industrial class 10.25%. The residential class thus fell further below the average, and the industrial class was raised further above it. Appellants argue that justice would have been served by the reverse; and this exacerbation of the discrimination is urged to be without rational basis.

Those are the facts by which appellants urge they have been damaged. Their legal argument has three parts. First, they contend that under a 1973 decision of this court there must be a well-defined method by which the Commission reaches its decision of what is a just and reasonable rate and this method must be capable of objective ascertainment; that the only well-defined method of which there is evidence in the record :is a cost-based method (a cost of service study ¿llocates the cost of producing electricity among the various groups which use it); that although rates do not have to be set strictly upon a cost basis, nonetheless they should [550]*550approach that as a limit, so that where some disparity exists among rates charged different classes of consumers considering conditions of service and costs therefor, any rate change must as a matter of law ameliorate the discrepancy instead of widening the gap, or else be condemned as a violation of equal protection. A somewhat oversimplified version of their argument is that a flat surcharge of so many mills per kilowatt hour is per se unconstitutional because it fails to give the industrial class users a price advantage commensurate with the lower cost per kilowatt hour of serving them rather than others. Appellants claim that the Commission avowedly did not follow a cost based method, and that testimony showed they considered certain non-cost factors which are not capable of objective ascertainment, and therefore as a matter of law the rates were not set by a valid method. Appellants suggest that the two basic issues before us are whether the difference in charges between industrial users and others is violative of equal protection because it is not reasonably related to a difference in service, and whether the Commission must follow a cost of services study in setting rates rather than being significantly guided by non-cost factors. We answer both questions no.

Appellants do not contest the right of the Commission to set rates so long as those rates are just and reasonable, nor do they deny that the Commission has the power to make reasonable classifications of its customers, and to fix a different rate for each class of customers, nor that the presumption is that the rates are valid and the burden is on appellants to prove them invalid in that they are unjust, unreasonable, or discriminatory. These principles have been extensively discussed in prior decisions, and are not challenged here. E.g., Ga. Power Co. v. Allied Chemical Corp., 233 Ga. 558, supra (1975); Carmichael v. Atlanta Gas-Light Co., 185 Ga. 34, 37 (193 SE 896) (1937).

Basically appellants’ case is bottomed on one sentence from Ga. Power Co. v. Ga. Public Service Comm., 231 Ga. 339 (201 SE2d 423) (1973): "We think that effective judicial review requires the commission to provide clear findings by a well-defined method or standard in reaching its conclusion as to what is a just and [551]*551reasonable utility rate.” 231 Ga. p. 342. The flaw in appellants’ argument is their overlooking the fact that the quoted sentence had application to the process of determining, not rates among various customer classes, but a fair rate of return to the utility itself vis-a-vis all its customers. The method involved in computing a fair rate of return is problematic, as the opinion indicated. 231 Ga. p. 341. However, business judgments and accounting expertise can handle the problem with a fair degree of objectivity. It is far more difficult to set differing rates among different classes of customers with anything like objectivity — this is a matter of policy and to some extent of balancing social needs and evaluating customer resources. Therefore, it does not follow that the requirement of a "well-defined method or standard” for setting rates with reference to a fair rate of return to the utility will be applied to the process of rate setting among different classes. There was no such requirement existing before the Ga. Power Co. v. Ga. Public Service Comm. decision, and there is none after it.

The process of setting rates is not required to follow any particular course, so long as the end result does not violate the "just and reasonable” requirement, as the United States Supreme Court has recognized in a federal rate-making case: "Under the statutory standard of'just and reasonable’ it is the result reached not the method employed which is controlling. It is not theory but the impact of the rate order which counts.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Georgia Power Co. v. Georgia Public Service Commission
396 S.E.2d 562 (Court of Appeals of Georgia, 1990)
Mayor & Aldermen of City of Savannah v. Rauers
324 S.E.2d 173 (Supreme Court of Georgia, 1985)
Lasseter v. Georgia Public Service Commission
319 S.E.2d 824 (Supreme Court of Georgia, 1984)
GEORGIA RETAIL ASSOCIATION v. Georgia Public Service Commission
300 S.E.2d 544 (Court of Appeals of Georgia, 1983)
CF Industries v. Tennessee Public Service Commission
599 S.W.2d 536 (Tennessee Supreme Court, 1980)
Atlanta Gas Light Co. v. Georgia Public Service Commission
262 S.E.2d 628 (Court of Appeals of Georgia, 1979)
LaRowe v. Kokomo Gas & Fuel Co.
386 N.E.2d 965 (Indiana Court of Appeals, 1979)
Boston Edison Co. v. Department of Public Utilities
375 N.E.2d 305 (Massachusetts Supreme Judicial Court, 1978)
Bryan v. Georgia Public Service Commission
234 S.E.2d 784 (Supreme Court of Georgia, 1977)
City of Lithonia v. Georgia Public Service Commission
232 S.E.2d 832 (Supreme Court of Georgia, 1977)
Allied Chemical Corp. v. Georgia Power Co.
224 S.E.2d 396 (Supreme Court of Georgia, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
224 S.E.2d 396, 236 Ga. 548, 1976 Ga. LEXIS 936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allied-chemical-corp-v-georgia-power-co-ga-1976.