Overview: Municipal Franchise Fees should be calculated only against “usage revenue,” (i.e. gross sales of electric energy), and not some broader aggregation of incidental costs, charges or tariffs that are neither “usage revenue” specifically, nor even truly electric “revenue” in a general sense. It is GPC’s practice to charge Municipal Franchise Fees as a factor multiplied against an aggregation of other non-usage-related costs, charges or tariffs. This lawsuit alleges GPC improperly over-calculates the Municipal Franchise Fee when it multiplies it as a factor against an aggregate of certain costs, specifically, the Nuclear Construction Cost Recovery and Environmental Compliance Cost Recovery. The NCCR and ECCR are “cost recoveries.” Simply put, the issue in this case is whether GPC is overcharging customers amounts that, while small on a monthly billing basis, add up to tens of millions, (potentially more), in the aggregate.
Current Status: After several appearances in Georgia’s appellate courts, in February 2019 the trial court certified the case for class action status on behalf of Georgia Power’s electric service customers from January 1, 2008 up to the time of certification. Additionally, the court referred the matter to the elected members of the Georgia Public Service Commission for a ruling or opinion on the relevant language.