Consumer advocates say that state lawmakers violated the Georgia constitution by extending the terms of Public Service Commission members.
Advocates filed suit against the state of Georgia in federal court, challenging the constitutionality of House Bill 1312. The law extends the terms for members of the Georgia Public Service Commission, or PSC.
Atlanta-based civil rights attorney Brian Sells said this violates the Georgia constitution, because legislators can't change the constitution simply by passing a law.
“The terms of office for members of the PSC are set out in the constitution,” he said in a media call on Wednesday.
Sells also contends that the law denies due process of law guaranteed by the US Constitution.
While the lawsuit challenges the actions of state lawmakers, consumer advocates also had harsh criticism for the current PSC members. That's one reason why they want to see the law overturned and new elections held in a timely manner.
Brionte McCorkle, plaintiff and executive director of Georgia Conservation Voters Education Fund, said the state’s current Public Service Commissioners fail to represent the interests of Georgians.
“The Georgia Public Service Commission is responsible for making sure consumers in Georgians receive safe, reliable, and reasonably priced electricity. Unfortunately Public Service Commissioners have allowed Georgia Power to take money out of the pockets of hardworking Georgians. It’s clear they have sold out to the interests of power companies.”
Patty Durand, an energy consultant and consumer advocate, pointed to the completion of nuclear energy production facility Plant Vogtle to explain recent increases in electricity bills in Georgia. The plant was completed in April 2024, several years after is was projected to be finished and with billions of dollars in cost overruns.
“It was a financial disaster for Georgians that is playing out right now.”
Durand contends that the average monthly energy bill in Georgia has increased by over 50% in the past five years. She and her colleagues hope that by blocking House Bill 1312, they will pave the way for an election of the PSC.
“Voters have a right to elect who represents them. We’re being denied that right. That’s what this lawsuit seeks to resolve,” says Patty Durand.
Advocates say that an election could occur sometime this year.