Ga. Comp. R. & Regs. R. 672-13-.07 - Approval or Denial of Application

(a) 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 needs;

(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;

(3) The financial ability of the Applicant to furnish adequate continuous service and to meet the financial obligations of the service which the Applicant proposes to perform;

(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 Certificate.

(b) The Applicant shall bear the burden of proof to demonstrate that a Certificate should be issued.

(c) The 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 law.

Notes

Ga. Comp. R. & Regs. R. 672-13-.07

O.C.G.A. § 22-3-83.

Original Rule 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.