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Cazier v. Georgia Power Co.

Petitioners were not required to exhaust any administrative remedy before proceeding with their action against power company under O.C.G.A. § 46-2-90.

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This litigation first appeared before us in Georgia Power Co. v. Cazier, 321 Ga. App. 576 740 SE2d 458 2013 Cazier I. Electric power customers brought an action against Georgia Power seeking certification as a class action and refunds for alleged overpayment of sales taxes and improper calculation of municipal franchise fees.1 The trial court denied Georgia Power’s motion to dismiss the action, and Georgia Power appealed. We held that petitioners could not pursue a direct action against Georgia Power for refund of sales taxes under OCGA § 48-2-35.1 d Refund of sales and use taxes; expedited refunds or OCGA § 48-8-72 Overcollected sales or use tax, and reversed the trial court’s denial of Georgia Power’s motion to dismiss with reference to those claims. Id. at 581 1; 582 2. We concluded, however, that petitioners’ claim regarding the municipal franchise fees remained pending, as it was not a

challenge to the validity or reasonableness of any utility rate set by the commission, and instead there is simply a challenge to the method of calculating and collecting the said fee. As the trial court correctly found, the parties agree that the commission has exclusive authority to set just and reasonable rates and the complaint raises a wholly different issue.

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