On March 18, 2009, Georgia Power filed a complaint against the City of Monroe challenging the City’s extension of service to two premises formerly served by Georgia Power. Georgia Power Company v. City of Monroe, Docket No. 29380 (filed March 18, 2009). Georgia Power asserts that the first premises is a former Avondale Mills complex made up of several buildings located in Monroe, Georgia. Georgia Power claims that it has served this premises since before the Territorial Act and through July 2008, when the customer asked that Georgia Power ground the substation for the customer to remove its wire. Ownership of the first premises has changed hands. In January 2009, Georgia Power became aware that Monroe had extended service to this premises, and Georgia Power voiced its objection to Monroe in February 2009. The second premises is composed of a former Avondale Mills corporate headquarters building and a large manufacturing building, also located in Monroe. Georgia Power asserts that it has provided service to this premises since before the Territorial Act and is still actively serving it. In March 2008, Georgia Power discovered that Monroe had begun serving the corporate headquarters, which had previously been served by a feed out of the manufacturing building that is still served by Georgia Power. Georgia Power objected to this service in March 2009. Georgia Power claims the right to serve both premises under the so-called “grandfather” provision of the Territorial Act, O.C.G.A. § 46-3-8(b). In its Answer, Monroe admitted that it is serving certain structures at each location, but claims that it has the right to do so.
The case was assigned to a Commission Hearing Officer in May 2009.