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Final Copy 287 Ga. 876 S10A1217. FULTON COUNTY TAXPAYERS FOUNDATION, INC. et al. v. GEORGIA PUBLIC SERVICE COMMISSION et al.

CARLEY, Presiding Justice.

On August 1, 2008, the Georgia Power Company filed an application with the Georgia Public Service Commission (PSC) to certify two new nuclear units at Plant Vogtle and to approve an updated Integrated Resource Plan. The application also sought approval by the PSC to allow costs from the "construction work in progress" of the new units to be included in Georgia Power's rate base in the form of a nuclear tariff starting in 2011. The PSC published public notice of the proceedings on the application several times in August and September 2008. Several public hearings on the application were held, after which an agreement between Georgia Power and the PSC was made except for the issue of the nuclear tariff. The PSC's Public Interest Advocacy Staff opposed the nuclear tariff and contended that

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the construction costs should be added to the rate base once the project was completed. While the certification proceeding was pending, the General Assembly passed the Georgia Nuclear Energy Financing Act, codified as OCGA

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