Rule 515-11-1-.08 - Agreements on NegotiationsIn view of the Commission's encouragement of joint applications by affected suppliers, the Commission will entertain and approve reasonable agreements between suppliers relating to negotiation procedures which it finds to be in the public interest. The Commission finds the following draft agreement on negotiation procedures to be reasonable and in the public interest and, by promulgation of this Rule, approves the form without necessity of further approval:
(a) "THIS AGREEMENT, entered into this _______ day of ___________________________, _________, by and between the undersigned electric suppliers rendering retail electric service within the State of Georgia: (b) "WHEREAS, the Georgia Public Service Commission, pursuant to a Rule promulgated under the terms of the 1973 Territorial Electric Service Act (the Act), has encouraged joint applications for assignment or declaration of unassignment of territory as being in the public interest; and(c) "WHEREAS, the electric suppliers being signatories hereto deem it necessary to establish procedures for the conduct of negotiations for assignment or unassignment of territory which will in turn be the basis for joint applications to the Commission;(d) "NOW THEREFORE, the undersigned electric suppliers agree as follows: 1. "No electric supplier will apply to the Georgia Public Service Commission for the assignment or unassignment of any area until such supplier has negotiated with all the other nearby suppliers who might be expected also to apply for such area or any portion thereof and who desires to negotiate. The negotiations will be conducted with the view to achieving, if possible, agreement between suppliers as to the area that each should be assigned and the area that should, under the Act, be designated "Unassigned Area--B".2. "In order that no supplier should have to make a decision as to whether any other supplier could reasonably be expected to claim the area in question, it is assumed that all other electric suppliers owning lines in the county in which the area lies and all electric suppliers owning lines in all counties adjoining such county, who otherwise have lawful authority to render service in the county as to which the application pertains, might desire to claim the area or portion thereof. Therefore, no supplier will apply for the assignment of any area until it has negotiated with all such affected electric suppliers.3. "Any supplier desiring to negotiate with respect to a particular area with another supplier who is entitled to negotiate will give written notice of its desire to begin negotiations. No such notice shall be given until the completion and filing with the Commission of the mylar maps showing the lines of all suppliers in each county in which such area lies. Such notice shall be by certified mail with return receipt requested and shall indicate all suppliers to whom said notice is being sent. The recipient shall within twenty-one (21) days of receipt of such notice advise the supplier who sent the notice whether it desires to assert any claim with respect to any portion of the area referred to in the notice. The failure of the recipient to reply within such twenty-one day period shall be deemed a waiver by such supplier of its right under this Agreement to negotiate for area assignment within the area described in the notice. A mutually agreeable date shall be set for the commencement of negotiations, which date shall not be later than thirty (30) days after the sending of the notice if such area is solely Unassigned Area-B nor later than sixty (60) days after the sending of the notice in all other instances. Notwithstanding anything to the contrary herein, as to areas for which notice of annexation has been give n pursuant to subsection 7(b)(4) of the Act, notice of desire to negotiate may be given immediately and negotiations commenced immediately.4. "When suppliers, in negotiation, have agreed upon the allocation of areas, they will jointly apply to the Commission requesting that the Commission approve such agreement after hearing and enter an order assigning to the respective suppliers the area agreed upon and designating as unassigned areas that the suppliers have agreed should be so designated.5. "Negotiating suppliers will make a diligent effort to reach agreement on the allocation of areas before independently applying to the Commission for the assignment or declaration of unassignment thereof, and in any event, no supplier shall apply to the Commission for the assignment or declaration of unassignment of any areas sooner than one hundred eighty (180) days after the date notice was sent to the last of the other suppliers entitled to negotiate; provided, a supplier may apply for an assignment of any area which is solely Unassigned Area-B at any time following thirty (30) days after the sending of such notice; and, provided further, no waiting period shall be required as to any area which is the subject of a notice of annexation given pursuant to subsection 7(b)(4) of the Act.6. "To the extent colors are used in negotiations, they shall be as described in Exhibit "D" attached hereto.7. "A copy of this Agreement will be forwarded to the Georgia Public Service Commission and, although the form of this Agreement has been approved by Rule of the Georgia Public Service Commission, it is understood that all phases of this Agreement are subject to such modification or change as may be necessary or desirable to conform to the requirements of the Georgia Public Service Commission with respect to the matters agreed upon." EXHIBITS "A," "B," "C," AND "D" FOLLOW:
Ga. Comp. R. & Regs. R. 515-11-1-.08
Ga. L. 1973, Sec. 11, 12, pp. 217, 218; 1975, Sec. 2, p. 406.
Original Rule was filed on December 29, 1975; effective January 1, 1976, as specified by Ga . L. 1975, p. 411.