City of Buford v. Georgia Power Co., 276 Ga. 590

Summary

The Supreme Court of Georgia held that the City of Buford's moratorium on constructing electric power substations was preempted by state law. The court concluded that the Public Service Commission has exclusive authority over the regulated business activity of Georgia Power and that the City's local authority did not extend to substations located on private property. The court affirmed the trial court's injunction against enforcement of the ordinance.

Holdings

1. The ordinance was preempted because it conflicted with state law granting the Public Service Commission exclusive and plenary authority to regulate the business activity of Georgia Power.
2. Neither the City's charter nor OCGA § 36-34-2(7) authorized Buford to regulate Georgia Power's substation because those powers were limited to utility use of City property, including streets and other municipal property.
3. The absence of specific Public Service Commission rules governing substation placement did not defeat preemption.

Questions Presented

1. Whether Georgia law expressly or impliedly preempted Buford's ordinance imposing a moratorium on construction of electric power substations.
2. Whether the City's charter and OCGA § 36-34-2(7) authorized Buford to regulate the placement of a utility substation on Georgia Power's private property.
3. Whether construction of electric power substations constituted a business activity regulated by the Public Service Commission even though the Commission had not promulgated specific placement rules.

Disposition

affirmed