Section 37-14-11 – Judicial Determination of Legality, etc., of Article – Filing of Complaint.
Section 37-14-11 Judicial determination of legality, etc., of article – Filing of complaint. At any time subsequent to April 26, 1984, an affected secondary electric supplier whose distribution facilities are subject to the provisions of this article and whose facilities may be purchased pursuant to this article by a primary electric supplier may, in its […]
Section 37-14-39 – Effect of Any Ruling of Invalidity.
Section 37-14-39 Effect of any ruling of invalidity. If any part of Section 37-14-32, Section 37-14-33 or Section 37-14-36 of this article is declared invalid under the constitution or laws of this state, including invalidity as a result of impairing unconstitutionally the obligations of a municipal franchise, such declaration shall render invalid all parts which […]
Section 37-14-12 – Judicial Determination of Legality, etc., of Article – Contents of Complaint; Order and Notice of Hearing to Show Cause; Intervention.
Section 37-14-12 Judicial determination of legality, etc., of article – Contents of complaint; order and notice of hearing to show cause; intervention. (a) The complaint by appropriate allegations, references and/or exhibits shall briefly state the following: the authority for the purchase and sale of distribution facilities and other transactions and restrictions under this article; the […]
Section 37-14-40 – Repealer; Actions Taken Pursuant to Inconsistent Provisions.
Section 37-14-40 Repealer; actions taken pursuant to inconsistent provisions. Except as provided in this section, all laws or parts of laws in conflict with the provisions of this article are hereby repealed. In the event, as a result of a final adjudication in Dixie Electric Cooperative, et al. vs. The Citizens of the State of […]
Section 37-14-13 – Judicial Determination of Legality, etc., of Article – Hearing; Entry of Judgment; Appeals.
Section 37-14-13 Judicial determination of legality, etc., of article – Hearing; entry of judgment; appeals. At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said civil action, and he shall make such order, or orders, […]
Section 37-14-14 – Judicial Determination of Legality, etc., of Article – Finality of Judgment.
Section 37-14-14 Judicial determination of legality, etc., of article – Finality of judgment. If the circuit court shall enter a judgment validating and confirming the propriety of the provisions of this article and purchases and sales, other transactions and restrictions under this article and no appeal shall be taken within the time prescribed within the […]
Section 37-14-15 – Judicial Determination of Legality, etc., of Article – Costs of Proceedings.
Section 37-14-15 Judicial determination of legality, etc., of article – Costs of proceedings. The court costs in any proceeding brought under this article shall be paid by the electric supplier commencing the action. (Acts 1984, No. 84-206, p. 314, §9.)
Section 37-14-16 – Applicability of Article.
Section 37-14-16 Applicability of article. No action shall be commenced challenging the legality or validity of the provisions of this article, or the legality or validity of a purchase and sale transaction or restriction under this article where the legality or validity of this article is in controversy in any prior pending civil action or […]
Section 37-14-17 – Severability.
Section 37-14-17 Severability. The provisions of this article are not severable. If any part of this article is declared invalid under the constitution or laws of this state, such declaration shall render invalid all parts which remain. Notwithstanding such invalidity, action taken by any party in conformity with the provisions of this article shall be […]
Section 37-14-30 – Declaration of Findings and Policy; Relationship to 1984 Act.
Section 37-14-30 Declaration of findings and policy; relationship to 1984 act. The Legislature of the State of Alabama has investigated the economic, financial and environmental impact associated with the potential for duplication of electric distribution facilities used for the furnishing of retail electric service. It has been determined that with respect to retail electric sales, […]