Practice Areas
Natural Gas
Galloway & Lyndall, LLP represents both natural gas marketers and municipal natural gas providers in matters pending before the Georgia Public Service Commission (PSC). We have been at the forefront of all regulatory developments affecting the natural gas industry in Georgia since 1998. At that time, Georgia became the first state in the nation to deregulate the distribution of natural gas to businesses and consumers. We played an integral role in the development of rules, regulations and subsequent legislation to implement Georgia’s new competitive model for the natural gas industry.
Thereafter, we represented one of the major natural gas marketers that entered the Georgia market after deregulation in virtually all proceedings conducted by the PSC. We continue to represent natural gas marketers in Georgia. Since 2008, we have represented the Municipal Gas Authority of Georgia (Gas Authority) and numerous municipal natural gas providers. We have assisted municipal providers seeking certificates of public convenience and necessity to provide natural gas service, required for municipal providers that desire to expand their service areas beyond the geographic boundaries of their home counties.
In this area of our practice, we were instrumental in gaining approval for a redundant distribution line to be built through Coweta County in order to serve the natural gas needs of the new KIA plant in West Point, Georgia. We have worked with the Gas Authority and its member municipalities to negotiate and develop safety plans governing the provision of natural gas service through facilities located in each county in Georgia served by more than one (1) natural gas provider. We have also been involved in litigation resulting from the implementation of the PSC’s County Wide Safety Plan Rule. We have assisted in the formulation, development and advocacy of policy statements for new rules and regulations before the PSC and Georgia legislature. We have been instrumental in developing regulatory strategies to address many regulatory issues affecting natural gas providers in Georgia.
Finally, we played a major role in the development of the State’s CNG (Compressed Natural Gas) program. Our work in that arena is described in more detail under the heading “Renewable/Clean Energy.”
The firm also represents local governments that operate natural gas and electric systems before the Georgia Public Service Commission.
TELECOMMUNICATIONS
The firm’s telecommunications practice began in 1988 – four years after AT&T’s divestiture of the Bell Operating Companies (BOCs) resulting from Judge Greene’s Modified Final Judgment in United States v. American Telephone & Telegraph Co., 552 F. Supp. 131 (D.D.C., 1982), and within two years following the Federal Communications Commission’s (FCC) authorization of the first competitive telecommunications services. After successfully concluding contract litigation involving competitive public communications and payphones, the firm was retained by the Georgia Public Communications Association (GPCA) on regulatory matters before the Georgia Public Service Commission. GPCA was the first of several trade associations with which the firm would develop relationships over the coming years. These associations were created by entrepreneurs who developed business plans to provide quality, marked-based and priced services in direct competition with the Regional Bell Operating Companies (RBOCs). These early trade association start-ups faced significant challenges as they navigated their business plans through regulatory and political environments that strongly favored the entrenched RBOCs.
Since 1988, the firm’s clients have ranged the telecommunications spectrum, large and small, providing a wide array of diverse services. The firm has represented:
Public communications providers
Local service resellers
Long distance companies
Institutional service providers
Operator service providers
Competitive directory publishers
Competitive local exchange carriers (CLECs)
Independent local exchange carriers
The firm has participated in the following telecommunications developments in Georgia:
Implementation of reasonable and significantly reduced tariffs for a number of competitive services, i.e., payphone providers, resellers, ITS providers and CLECs, by which competitive providers obtained necessary services from BellSouth on a cost based basis;
Authorization of debit card telecommunications services in Georgia;
Implementation of the PSC’s interim certification process for telecommunications service providers;
Authorization of inmate telecommunications services in Georgia;
Implementation of competitive directory tariffs to allow publication of competitive telephone directories in Georgia;
Implementation of intra-LATA competition in Georgia;
Implementation of SB 137, Georgia’s Telecommunications and Competition Development Act of 1995, which authorized local service competition, along with all implementing dockets required to develop a competitive local telecommunications market in Georgia;
Implementation of the federal telecommunications Act of 1996;
Implementation of the certification process to allow municipalities to provide telecommunications services;
Litigation involving the provision and pricing of unbundled network elements;
Implementation of Georgia’s first policies and procedures to allow the provision of competitive local services in multi-dwelling environments;
Implementation of Georgia’s Competitive Emerging Communications Technologies Act of 2006;
Opposition to the ATT/BellSouth merger in 2006; and
Preservation for high-cost support to rural local exchange carriers through Georgia’s Universal Access Fund
Today, the firm is participating in implementation of HB 168, Georgia’s most recent legislative enactment affecting telecommunications. HB 168 affects intrastate access charges and universal service.
ZONING AND DEVELOPMENT LAW
Galloway & Lyndall, LLP represents local governments and property owners/developers on all zoning and development related issues. We have worked on large and small projects, ranging from simple variances to large developments of regional impact (DRI). We have worked on zoning matters that impact only a single tract of real property to those that involve long-term modifications to comprehensive plans affecting an entire county quadrant.
Since 1995, the firm has represented Spalding County, Georgia on zoning issues. In that capacity, the Spalding County zoning ordinance was updated. A new sign ordinance was developed. New architectural criteria and development ordinances were approved. Spalding County adopted a new and progressive comprehensive land use plan and map, incorporating the concepts of “village node” development. The Spalding County comprehensive plan also anticipates future nodal development based on the identification of property suitable for residential and commercial development density, while protecting sensitive land from development. We anticipate that these policies will be solidified as Spalding County implements a process and procedure for the transfer of development rights.
The firm developed and drafted ordinances required for a large senior active living development known as Sun City Peachtree located in northeast Spalding County. We also drafted a transportation corridor overlay district, the Arthur K. Bolton Overlay District, to protect a newly developed transportation thoroughfare connecting the City of Griffin and Interstate 75 from unsightly strip development. Our practice has also involved environmental issues pending before the Army Corps of Engineers, the Environmental Protection Agency and the Environmental Protection Division of the State of Georgia Department of Natural Resources. The firm also previously represented Lamar County and Pike County on similar zoning matters, as well.
The firm also represents developers and private property owners on a broad array of development issues. These issues include rezoning applications, special exception/special use permit applications, variance applications, development plan approvals and permitting and code enforcement issues. Among larger projects, we were involved with annexation and rezoning for the development of Fayette Pavilion in Fayetteville, Georgia. We handled rezoning and site development issues required for development of The Avenues in Peachtree City, Georgia. The firm has represented clients on zoning matters in the following jurisdictions: Fulton County, DeKalb County, Rockdale County, Henry County, Clayton County, Fayette County, Coweta County, Meriwether County, Pike County, Lamar County, Butts County, Monroe County, Bibb County, Upson County, the City of Atlanta, the City of Jonesboro, the City of Riverdale, the City of Morrow, the City of Hampton, the City of McDonough, the City of Fayetteville, the City of Peachtree City, the City of Sharpsburg, the City of Zebulon, the City of Wiliamson, the City of Molena, the City of Thomaston, the City of Barnesville, the City of Jackson, the City of Flovilla and the City of Woodbury.
We feel that we provide our clients with a unique perspective on development issues because we represent private property owners and developers, as well as local governments.