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 37-14-11 – 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 37-14-12 – 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 37-14-13 – 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 37-14-1 – Legislative Declarations, Findings, Etc.
Section 37-14-1 Legislative declarations, findings, etc. 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. Among its findings are the conclusion that with respect to retail electric sales, the benefit normally […]
Section 37-14-2 – Definitions.
Section 37-14-2 Definitions. As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise; (1) ELECTRIC SUPPLIER. Any municipality, municipally-owned utility or other governmental entity, any cooperative, corporation, person, firm, association or other entity engaged in the business of supplying electric service at retail; provided, however, […]
Section 37-14-3 – Electric Service Outside Existing Municipal Limits.
Section 37-14-3 Electric service outside existing municipal limits. Except as otherwise provided in subdivisions (2), (3), and (4) of this section in areas outside existing municipal limits (including areas annexed to municipalities on or after April 26, 1984), no electric supplier shall construct or maintain electric distribution lines for the provision of retail electric service […]