In a significant legal challenge, consumer groups in Georgia have filed a federal lawsuit against the state, alleging that lawmakers violated the state constitution by unilaterally postponing elections for the Georgia Public Service Commission (PSC). The suit, brought by Georgia WAND and Georgia Conservation Voters, claims that this delay has allowed sitting commissioners to approve substantial utility rate increases without facing voter scrutiny.
At the heart of the controversy is House Bill 1312, passed in April, which pushes PSC elections to at least 2025. This move effectively extends the terms of multiple commissioners by two years, with some serving up to nine years instead of the constitutionally mandated six-year terms.
"The illegal postponement of PSC elections in Georgia is an attack on our constitutional right to vote," said Kimberly Scott, executive director of Georgia WAND. "This lawsuit will show that Georgia lawmakers have made de facto regulatory decisions that are harmful to the state instead of adhering to our constitution."
The lawsuit comes against a backdrop of rising energy costs in Georgia, largely attributed to the controversial Plant Vogtle nuclear project. According to a recent report by several consumer groups, Plant Vogtle has become the most expensive electricity source in the world, costing ratepayers $10,784 per kilowatt compared to $900 to $1,500 per kilowatt for wind or solar.
Brionté McCorkle, executive director of Georgia Conservation Voters Education Fund, emphasized the impact on residents: "Georgians are fighting every month to stay ahead of rising costs for food, housing, and now energy. These aren't optional costs. They're things we need to survive."
The Plant Vogtle project, which took 15 years to complete and cost $36.8 billion, has been a source of ongoing controversy. Critics argue that the Georgia Public Service Commission, responsible for regulating utilities in the public interest, failed to protect consumers from spiraling costs.
Adding to the plant's troubles, Georgia Power announced this week that one of the new reactors at Plant Vogtle has been offline for about a week due to a "valve issue." Unit 3, which began commercial operation in July 2023, was shut down on July 8, 2024, after a malfunction in a feedwater pump valve. While Georgia Power stated that all safety systems functioned as designed and necessary repairs have been completed, the company has not disclosed when the unit is expected to restart operations. This latest setback underscores the ongoing challenges and reliability concerns surrounding the plant.
Patty Durand, a consumer advocate and recent PSC candidate, stated, "Again and again, the Georgia Public Service Commission was warned about the astronomical cost of the Vogtle reactors and the financial toll it will bear on Georgians for decades to come. Commissioners repeatedly declined to protect ratepayers from cost overruns and ignored PSC staff recommendations to cancel the project. People went to prison for actions like this in South Carolina, yet we have had no accountability for the same, and worse, behavior here. Instead, the state legislature decided to shield current commissioners from facing voters by delaying PSC elections indefinitely. This is clearly unconstitutional. This is un-American.”
Beyond the financial implications, environmental and health concerns linger. The Savannah River, used to cool Plant Vogtle's reactors, has become the third most polluted river in the country. A study cited increased cancer rates in surrounding areas, particularly affecting Black communities in Burke County.
The lawsuit and the broader energy debate in Georgia reflect national discussions about balancing energy needs, costs, and environmental concerns. As the legal challenge unfolds, Georgia residents await potential relief from soaring energy bills and a chance to voice their opinions through the ballot box.
The outcome of this lawsuit could have far-reaching implications for utility regulation and democratic processes in Georgia. As the state grapples with the consequences of its energy policies, the delayed PSC elections stand as a focal point for debates about representation, accountability, and the future of energy in the state.
