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, […]
Section 37-14-31 – Definitions.
Section 37-14-31 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 37-14-32 – Electric Service Outside Existing Municipal Limits.
Section 37-14-32 Electric service outside existing municipal limits. Except as otherwise provided in subdivisions (2), (3), (4) and (6) but notwithstanding any other provision of this article, 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 […]
Section 37-14-33 – Retail Electric Service Within Municipalities.
Section 37-14-33 Retail electric service within municipalities. (a) Primary supplier’s option to acquire facilities within existing municipal limits. – The primary electric supplier within each municipality shall, at its option, have the right to acquire all distribution facilities of any secondary electric supplier used to supply retail electric service within the existing municipal limits and […]
Section 37-14-34 – Resolution of Disputes as to Sales or Purchases of Facilities.
Section 37-14-34 Resolution of disputes as to sales or purchases of facilities. In the event that a dispute should arise between two or more electric suppliers in connection with the purchase of distribution facilities under Section 37-14-32 or Section 37-14-33, the primary electric supplier involved may petition the circuit court for the judicial circuit in […]
Section 37-14-35 – Applicability of Certain Provisions of Title 37.
Section 37-14-35 Applicability of certain provisions of Title 37. With respect to any sale of facilities consummated pursuant to the provisions of this article, the provisions of Section 37-1-50 shall not be applicable to such sale or to the cessation by a utility of rendering service from such facilities involved in such sale. To the […]
Section 37-14-36 – Special Rules for Elimination of Duplication.
Section 37-14-36 Special rules for elimination of duplication. The separate agreements listed below which have heretofore been entered into between, or negotiated between retail electric suppliers, have been reviewed by the legislature, determined to be in the public interest and found not to be inconsistent with the purposes and policies set forth in this article. […]
Section 37-14-37 – Provision of Retail Electric Service in Violation of Article.
Section 37-14-37 Provision of retail electric service in violation of article. (a) If an electric supplier commences construction of facilities in violation of the provisions of this article, any aggrieved electric supplier which is designated herein as the entity to provide such service (the “aggrieved electric supplier”) may petition the circuit court for the judicial […]