Ga. Comp. R. & Regs. 515-7-8-.09
The Commission recognizes that a Marketer's or Regulated Provider's performance data may be influenced by factors beyond its control. Accordingly, in the event of a force majeure, as defined by Rule 12 of AGLC's Commission-approved Tariff, a marketer or regulated provider may file a petition for an exception with the Commission seeking to have the scheduled service quality standards and/or benchmark results modified. The marketer or regulated provider will also be allowed to file an expedited petition seeking immediate relief from a payment of penalties as set forth in these Rules in the event of a force majeure. In any such petition, the marketer or regulated provider shall have the burden of demonstrating that the benchmark was not met due to causes beyond the marketer's or regulated provider's control and which could not have been avoided by exercise of due care. The filing of any such petition shall not stay any payments under these Rules unless otherwise ordered by the Commission.
Ga. Comp. R. & Regs. R. 515-7-8-.09
O.C.G.A. Sec. 46-4-158.1.