In making a decision as to whether to
grant a Certificate, the Commissioner shall consider the following:
(1) Whether existing Petroleum Pipelines or
distribution systems are adequate to meet the reasonable public
(2) The volume of demand for
such petroleum, and whether such demand and that reasonably to be anticipated
in the future can support already existing Petroleum Pipelines and distribution
systems, if any, and also the Petroleum Pipeline or distribution system
proposed by the Applicant;
financial ability of the Applicant to furnish adequate continuous service and
to meet the financial obligations of the service which the Applicant proposes
(4) The adequacy of the
supply of petroleum to serve the public;
(5) The economic feasibility of the Petroleum
Pipeline or distribution system and the propriety of the engineering and
contracting fees, the expenses, and the financing charges and costs connected
with the Petroleum Pipeline or distribution system;
(6) The effect on existing revenues and
service of other Petroleum Pipelines or distribution system, and particularly
whether the granting of such Certificate will or may seriously impair existing
public service; and
(7) Any other
factors which the Commissioner deems necessary to grant or deny a
Applicant shall bear the burden of proof to demonstrate that a Certificate
should be issued.
application review process shall not exceed 120 days in length. If any
application is not acted upon within 120 days of the date such application is
filed, the application shall be deemed to be approved by operation of
Ga. Comp. R. & Regs.
O.C.G.A. § 22-3-83.
entitled "Review of the Commissioner's Decision" adopted. F.
Jun. 3, 1996; eff.
Jun. 23, 1996.
Amended: New title "Approval or Denial of
Application." F. May 1, 2018; eff.
May 21, 2018.