WALTON ELECTRIC MEMBERSHIP CORPORATION v. GEORGIA POWER COMPANY

• Court: Court of Appeals of Georgia
• Decided: March 21, 2025
• Docket: A23A0746
• Status: Published

Opinion

SECOND DIVISION MERCIER, C. J., HODGES and DAVIS, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

March 21, 2025

In the Court of Appeals of Georgia A23A0746. WALTON ELECTRIC MEMBERSHIP CORPORATION et al. v. GEORGIA POWER COMPANY.

DAVIS, Judge.

In Walton Elec. Membership Corp. v. Ga. Power Co., 369 Ga. App. 461 (893 SE2d

852) (2023), this Court affirmed the trial court’s decision reversing the decision of the

Public Service Commission in this dispute over the provision of electrical services. In

Walton Elec. Membership Corp. v. Ga. Power Co., Case Nos. S24G0314, S24G0318,___

Ga. ___ (___ SE2d ___) (Decided Jan. 28, 2025), the Supreme Court of Georgia

reversed the judgment of this Court and concluded that the Commission acted within

its discretion in determining that the factory at issue here was “destroyed or

dismantled” and was not “reconstructed . . . in substantial kind” as contemplated by

OCGA § 46-3-8 (b). We therefore vacate our prior opinion, adopt the Supreme Court’s opinion as our own, and reverse the trial court’s order reversing the

Commission’s decision.

Judgment reversed. Mercier, C. J., and Hodges, J., concur.