Court revives ratepayer lawsuit over Georgia nuclear plant fees

The Georgia Court of Appeals has revived a long-running ratepayer lawsuit against Georgia Power over costs the utility wants to include in its rates to help pay for two nuclear reactors and power plant upgrades. If successful, the lawsuit could become class-action and refund ratepayers in excess of $150 million. A three-judge panel of the court found that municipal franchise fees Georgia Power pays to local jurisdictions may not be costs recoverable from ratepayers under Georgia regulations.A lower court affirmed the utility’s argument that some fees are recoverable, but left open the possibility of a challenge on the franchise fees. Fulton County Superior Court Judge Constance Russell ruled the plaintiffs in this case – Amy N. Cazier et al. v. Georgia Power Company – had not exhausted all the remedies, setting the stage for the Court of Appeals’ ruling Nov. 16. The three judges said the legality of charging the franchise fee to ratepayers is a matter for the courts, not the Public Service Commission (PSC) to decide.