Georgia Power Company v. Cazier

Summary

The court held that the plaintiffs were not required to exhaust administrative remedies before pursuing damages claims alleging that Georgia Power collected municipal franchise fees exceeding amounts authorized by Commission orders. The lawsuit challenged Georgia Power's implementation of those orders, not the orders themselves or the Commission's rate-making authority. The court affirmed but directed the trial court to consider using primary jurisdiction to obtain the Commission's assistance in construing ambiguous, technical terms and to stay proceedings if it makes such a referral.