At a hearing Friday challenging the Georgia Public Service Commission’s actions in connection with a controversial 2009 law relating to the financing of two new nuclear reactors at Georgia Power’s Plant Vogtle, Fulton County Superior Court Judge Wendy Shoob found that the Southern Alliance for Clean Energy (SACE) lacked standing to challenge SB 31, which allows for Georgia Power customers to “pre-pay” for the new reactors, regardless if the two reactors are ever completed. Construction of the plant has already begun. Judge Shoob did not rule on the merits of the case but found that SACE’s claims were premature at this point because no harm to SACE had occurred–essentially because a rate increase for Georgia Power customers due to the proposed new Vogtle reactors has not yet happened. However, Georgia Power is set to file a base rate case request this summer and increased costs due to the proposed new Vogtle reactors are expected. SACE is currently reviewing its options regarding the ruling.

On April 29, 2010 the Judge will hear SACE’s allegation that the Public Service Commission (PSC) erred as a matter of law by failing to make findings of fact and conclusions of law as required, failed to comply with the statutory rate case procedures, erred by relying on SB 31 before it became law, and that PSC’s risk sharing mechanisms in the Amended Certification Order violate State law. The latter issue is of particular concern as industrial ratepayers gained an exemption from the pre-payment scheme while residential and small business customers did not. SACE looks forward to a full and fair hearing on these issues.

Find the lawsuit Southern Alliance for Clean Energy filed in June 2009 against Georgia Power, Governor Perdue and the Georgia Public Service Commission here that could prevent Georgia ratepayers from having to prepay for building the two proposed new nuclear reactors at Plant Vogtle near Augusta along with additional background information .