The hearing officer also found as fact the new dining facility is an expansion of the CCCI and that it will be under the supervision of the CCCI's warden. Further, the hearing officer found that the county desired that electric service for the CCCI and the new jail be separately metered, in part, to ascertain the cost of operating the new jail so that an appropriate per diem fee could be charged the City. (See OCGA § 42-4-1 et seq.)Īdditionally, the hearing officer found that the City and Colquitt County had agreed that city prisoners will be housed in the county jail, and the City will pay the county an agreed per-prisoner per diem rate. The new jail, however, is under the control of the county sheriff. *795 The hearing officer also found that the new jail will be primarily a pretrial detention facility, but will also hold some convicted prisoners awaiting transfer to the state prison system and some prisoners convicted of misdemeanors who are also serving sentences. The PSC hearing officer found as fact that while the CCCI is owned by the county, it is operated under the supervision and management of the State Department of Corrections because it is a county facility housing state and county prisoners. Regardless which party provides electric service to the new jail, the EMC will provide electricity to the dining facility since it is part of the CCCI. After completion of the new dining facility, the CCCI's existing dining facility will be closed. Although the new jail and the CCCI are separate buildings, they are connected by permanent enclosed covered walkways to a new, free-standing dining facility which was built at the same time as the new jail. The new jail is built on land owned by Colquitt County and on which the CCCI is also located. After conducting the required review (see OCGA § 50-13-19), the superior court affirmed the decision of the PSC, and the EMC now appeals.Īlthough expressed in several enumerations of error, the thrust of the appeal is that the PSC and the superior court erroneously determined that the new jail and the Colquitt County Correctional Institute ("CCCI") will be separate facilities for purposes of the Act. When the PSC upheld Colquitt County's authority to obtain the service from the City, the EMC appealed that decision to the Superior Court of Fulton County. The Colquitt Electric Membership Corporation ("EMC") appeals from the judgment of the superior court affirming the decision of the Public Service Commission ("PSC") authorizing the City of Moultrie ("the City") to provide permanent electric service to Colquitt County's new jail.Īfter Colquitt County selected the City to provide electric service to the new jail, the EMC petitioned the PSC to prohibit the City from providing the service. Richardson, Jr., Moore & Chambless, Saxby Chambless, for appellant.
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