City of Marietta Board of Lights & Water v. Georgia Power Co.

Banke, Chief Judge.

Georgia Power Company filed a petition with the Georgia Public Service Commission seeking to prevent the City of Marietta Board of Lights and Water (hereinafter Marietta) from committing an alleged violation of the Georgia Territorial Electric Service Act (OCGA § 46-3-1 et seq.) by providing electric service to certain premises owned by Dunaway Drug Stores, Inc., which premises were alleged to have been assigned exclusively to Georgia Power under the Act. The Public Service Commission ruled in favor of Georgia Power, and that ruling was affirmed on appeal to the Superior…