Capitol Beat News Service
This story also appeared in Capitol Beat News Service

ATLANTA โ€“ Legislation prohibiting Georgia Power from passing on the costs of providing electricity to data centers to residential and small business customers cleared a state Senate committee Tuesday.

An 8-5 vote of the Senate Regulated Industries Committee sent the bill to the Senate Rules Committee to schedule a floor vote.

Senate Bill 34 comes in the wake of six Georgia Power rate increases in less than two years that have driven up what homeowners and small businesses pay by 37%. At the same time, the rapid growth of power-hungry data centers in Georgia is behind a demand for 3,300 megawatts of additional electric generating capacity, exponentially more than Georgia Powerโ€™s typical growth rate of about 100 megawatts per year.

โ€œThe consumers are paying for this additional power thatโ€™s being consumed by the data centers,โ€ Sen. Chuck Hufstetler, R-Rome, the billโ€™s chief sponsor, told committee members Tuesday. โ€œI want something in place that doesnโ€™t let history repeat itself.โ€

Aaron Mitchell, vice president of pricing and planning for Georgia Power, argued the bill is unnecessary because of rules changes the state Public Service Commission (PSC) adopted last month that prohibit the Atlanta-based utility from passing on the costs of serving new large-load customers including data centers to residential customers.

โ€œWe have committed that residential customers will pay nothing to account for those 3,300 megawatts,โ€ he said.

But energy lawyer Bobby Baker, a former member of the PSC, said the new rules the commission approved are full of loopholes that give Georgia Power so much flexibility over compliance that they offer no guaranteed protections for residential ratepayers.

โ€œThese rules changes are essentially worthless,โ€ he said. โ€œThe cost causers need to pay for the costs they cause.โ€

Hufstetlerโ€™s bill got pushback from committee members who objected to the General Assembly stepping in on issues that are already being handled by the elected members of the PSC.

Others called for broadening the bill to apply to Georgiaโ€™s electric membership cooperatives (EMCs) and municipal electric utilities rather than limiting it to Georgia Power. Sen. Carden Summers, R-Cordele, proposed amending Hufstetlerโ€™s bill to do just that.

But Kevin Curtin, senior vice president of government relations for Georgia EMC, opposed the amendment as taking away the power of board members of the stateโ€™s 41 EMCs, who โ€“ unlike Georgia Powerโ€™s board โ€“ are elected by EMC customers.

โ€œHaving a law imposed on us โ€ฆ takes away our boardsโ€™ authority to make decisions,โ€ he said.

Summersโ€™ amendment died for lack of a second before the committee approved the underlying bill.

This story is available through a news partnership with Capitol Beat, an initiative of the Georgia Press Educational Foundation.

Dave Williams is bureau chief for Capitol Beat News Service, a service of the Georgia Press Education Foundation.