A coalition of faith leaders, clean energy advocates, and environmental groups filed a petition for judicial review in the Fulton County Superior Court, seeking to overturn a recent decision by the Georgia Public Service Commission (PSC) that authorizes a massive, multi-billion-dollar expansion of Georgia Power’s energy fleet.
The legal challenge, filed on March 25, 2026, alleges that state regulators overstepped their authority by approving nearly 10,000 megawatts of new power capacity—enough to fuel millions of homes—without requiring the utility to prove the energy is actually needed.
The “Data Center Gamble”
At the heart of the dispute is a surge in projected electricity demand driven primarily by a “boom” in data center developments. Petitioners, including Georgia Interfaith Power & Light (GIPL), the Sierra Club, and the Southern Alliance for Clean Energy (SACE), argue that Georgia Power’s forecasts are speculative and inflated.
The lawsuit highlights a startling discrepancy: according to the petitioners, the PSC certified 757 megawatts of resources (roughly the output of a large power plant) that even Georgia Power’s own aggressive modeling showed were unnecessary for the 2031 timeframe.
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“We are asking the Court to require the Commission to apply rules designed to protect customers,” said Jennifer Whitfield, an attorney with the Southern Environmental Law Center. “These errors are not mere technicalities. Once a plant is certified, the financial risk shifts entirely to the billpayers.”
Financial Stakes for Georgians
The approved expansion includes the construction of several methane gas-fired units, including Plant McIntosh Unit 12, which advocates claim will be among the most expensive gas units in the nation. Total costs for the certified resources are estimated to reach $50 to $60 billion over their operational lifespans.
Under Georgia law, once the PSC certifies a project, the utility is virtually guaranteed to recover those costs from its “captive” retail customers—residents and small businesses who have no choice in their electricity provider.
Voices from the Community
The legal action is joined by local religious institutions, including Park Avenue Baptist Church and the Unitarian Universalist Church of Savannah, who argue the rising utility bills hinder their charitable missions.
“We serve a congregation that is already overly burdened by energy costs,” said Reverend Keyanna Jones Moore of Park Avenue Baptist Church. “The approval of Georgia Power’s energy expansion… would add to that burden.”
Adrien Webber, a Georgia Power customer and Director of the Sierra Club’s Georgia Chapter, echoed these concerns.
“I have seen firsthand how rising utility bills strain households,” Webber said. “The Commission’s approval will only prolong fossil-fuel dependence and impose unnecessary costs that show up directly on the bills of Georgians.”
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Key Legal Allegations
The 42-page petition outlines several grounds for reversing the PSC’s December 2025 order:
- Failure to Prove Need: Alleging the PSC ignored the statutory requirement to find a “need” for the resources at the time they begin operating.
- Missing Forecasts: Claiming the Commission failed to adopt an official forecast of future electricity requirements, a legal prerequisite for certification.
- Bypassing Competition: Arguing that several resources were approved without the mandatory competitive bidding process designed to ensure the lowest prices for consumers.
The Road Ahead
The PSC denied a motion for reconsideration in February 2026 in a narrow 3-2 vote, with dissenting Commissioners Peter Hubbard and Dr. Alicia M. Johnson warning that the “full certification request is speculative.”
The petitioners are now asking the Superior Court to reverse the certification of the unnecessary resources and remand the case to the Commission to “right-size” Georgia’s energy future. For now, the multibillion-dollar buildout remains on the books, with construction costs expected to begin appearing on customer bills in the coming years.
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