Rule 515-7-3-.07 - Revocation, Suspension, and Modification of a Certificate of Authority; Sanctions(1) Any certificate of authority issued by the Commission is subject to revocation, suspension, or modification, where the Commission finds after notice and hearing that: (a) a marketer has failed repeatedly or has failed willfully to meet the obligations to its retail customers imposed by the Act, the rules of this section, the certificate of authority issued by the Commission, or the Commission-approved tariff of the applicable EDC. For purposes of this rule, the term "repeatedly" means on more than one occasion;(b) a marketer has been found to have engaged in unfair competition or has abused its market position, or has engaged in conduct prohibited by the Uniform Deceptive Trade Practice Act, O.C.G.A. § 10-1-370, et seq., The Fair Business Practices Act, O.C.G.A. § 10-1-390, et seq., or the provisions against false advertising in Title XI, Chapter 1, Article 15, Part 3 of the Official Code of Georgia, annotated;(c) a marketer or representative or agent thereof has included in its application for a certificate of authority any information that was falsified or forged;(d) a marketer has acted unlawfully to the detriment of the public while certificated;(e) any of the marketer's activities are serving or could serve to mislead, deceive, or work a fraud on the public;(f) a marketer has charged a customer for products or services, without that customer's authorization;(g) for a twelve (12) month period, a marketer has failed to provide gas service in one or more delivery groups for which it is certified, provided that if a marketer fails to provide natural gas service in a particular delivery group for which it is certified for a twelve (12) month period, that shall not constitute a basis to revoke the marketer's certificate if the marketer is providing service or has provided service within the last twelve (12) months in other delivery groups for which it is certified;(h) a marketer of natural gas has not passed through to its retail customers any refunds the Commission ordered to be passed through to retail customers, provided, however, a marketer will not be required to pass through Commission ordered refunds to customers that are in arrears;(i) an EMC gas affiliate has engaged in cross-subsidization activities with its electric membership corporation; and/or(j) a marketer is determined by the Commission to possess a substandard level of technical and/or financial capability to retain its certificate of authority.(2) The Commission, after a hearing is conducted after not less than thirty (30) day notice, shall determine whether a violation has occurred that warrants the revocation, suspension or modification of a certificate of authority. The burden of proof to show that any such action should be taken shall be placed upon the Commission. All orders issued pursuant to O.C.G.A. § 46-4-153(d) or (e) shall contain the Commission's findings of fact and conclusions of law upon which the Commission's action is based. Any such order shall be deemed a final order subject to judicial review under Chapter 13 of O.C.G.A. Title 50, the "Georgia Administrative Procedures Act."(3) In addition to having its certificate of authority revoked, suspended, or modified, any marketer that is found after notice and hearing to have willfully violated any law administered by the Commission or any duly promulgated regulation issued there under, or which fails, neglects, or refuses to comply with any such order after notice thereof, shall be liable for a penalty not to exceed $15,000.00 for such violation and an additional penalty not to exceed $10,000.00 for each day during which said violation occurred.(4) The provisions of Article 3 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, as amended, shall apply to an investigation or hearing involving a marketer. The provisions of Article 4 and 5 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, as amended, shall also apply to a marketer.(5) The provisions of Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, as amended, shall apply to a marketer.(6) The Commission, after notice and hearing as contemplated in the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1, et seq., may revoke, suspend or otherwise modify a certificate of authority based upon a finding that the marketer's financial condition or gas supply no longer meets the requirements for certification.(7) The Commission may issue a certificate of authority to an applicant based upon conditions that include, but are not limited to, an applicant agreeing to provide the Commission annually with updated audited financial data within ninety (90) days of the close of its fiscal year as well as information within ten (10) business days of any event or occurrence that may materially affect its financial or operational status. The Commission shall have access to the books and records of all marketers as may be deemed necessary to ensure compliance with the Act and the Commission's rules and regulations that are issued there under. In accordance with O.C.G.A. § 46-4-153(f) On a quarterly basis, the marketers must file the following: First, a detailed monthly income statement, balance sheet, and cash flow statement information. Second, each marketer will file with the Commission the number of therms used for each customer class and the number of customers for each customer class based on the EDC's market share timeframe. The filings will be made with the Commission between 45 days and 75 days after the end of each fiscal quarter for their Georgia natural gas market.(8) All complaints to the Commission and violations relating to a marketer's conduct under its certificate of authority shall be made part of the Commission's records and shall be available for inspection by the public.(9) The Commission, at its discretion, may reinstate any certificate of authority that it previously revoked.Ga. Comp. R. & Regs. R. 515-7-3-.07
O.C.G.A. §§ 46-2-30, 46-4-150 et seq. (See especially, O.C.G.A. §§ 46-4-153, 46-4-153.1, 46-4-160).
Original Rule entitled "Revocation, Suspension, and Modification of a Certificate of Authority; Sanctions" adopted. F. Feb. 10, 1998; eff. Mar. 2, 1998.Amended: F. May 23, 2000; eff. June 12, 2000.Amended: F. Aug. 13, 2002; eff. Sept. 2, 2002.Repealed: New Rule of same title adopted. F. Feb. 15, 2008; eff. Mar. 6, 2008.Amended: F. June 18, 2018; eff. July 8, 2018.