Opinion
A99A1860, A99A1861.
DECIDED: MAY 31, 2001
Territorial Electric Service Act. Fulton Superior Court. Before Judge Lane.
Thurbert E. Baker, Attorney General, Robert S. Bomar, Deputy Attorney General, Harold D. Melton, Senior Assistant Attorney General, Alan gantzhorn, William R. Phillips, Assistant Attorneys General, for Appellant (case no. A99A1860).
Troutmant Sanders. Kevin C. Greene, Susan P. Wilkerson, for Appellant (case no. A99A1861).
Sutherland, Asbill Brennan, James A. Orr, Charles B. Jones III for Appellee.
McCullogh Sherrill, John A. Sherrill, Corin M. McCarthy, amici curiae.
In Georgia Public Service Commission v. Sawnee Electric Membership Corp., 242 Ga. App. 156 ( 529 S.E.2d 186) (2000), this court considered the trial court's order concerning the applicability of the large load exception to the Georgia Territorial Electric Service Act, O.C.G.A. § 46-3-1 et seq. We concluded that the trial court erred in reversing the decision of the Public Service Commission, which had found the exception to be applicable under the particular facts of the case. Our decision was reversed in Sawnee Electric Membership Corp. v. Georgia Public Service Commission, 273 Ga. 702 ( 544 S.E.2d 158) (S00G0945, decided March 19, 2001). Our decision in this case is therefore vacated, the judgment of the Supreme Court is made the judgment of this court, and the judgment of the trial court is affirmed.
Judgment affirmed. Pope, P.J., and Miller, J., concur.