37-14-33
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 shall have the right to serve all premises within the existing
municipal limits of such municipality subject to the provisions of subdivisions (a)(1) through
(a)(5). Except as authorized in this section, no secondary electric supplier shall
extend facilities to serve existing or new premises within the existing municipal limits of
the municipality. (1) The primary electric supplier must announce its intention to exercise
its option to acquire the distribution facilities of secondary electric suppliers by giving
written notice by registered or certified mail to the affected secondary suppliers...
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37-14-4
Section 37-14-4 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 shall have the right
to serve all premises within the existing municipal limits of such municipality subject to
the following; (1) The primary electric supplier must announce its intention to exercise its
option in writing by registered or certified mail to the affected secondary suppliers within
each municipality, addressed to the chief executive officer or manager of such secondary supplier,
no later than nine months after April 26, 1984. Simultaneously with the delivery of the notice
of exercise of its option by the primary electric supplier, the primary electric supplier
shall deposit in escrow with a bank whose principal office is in Alabama...
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37-14-32
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 the provision of retail electric service to any premises being provided retail electric
service by another electric supplier, or to any new premises located within the boundaries
of assigned service areas of another electric supplier. Assigned service areas outside existing
municipal limits are hereby established as set forth in this section. (1) Except as
specified in subdivisions (2) and (3) herein, each electric supplier is hereby granted a legislative
franchise and assigned the sole obligation, in areas outside existing municipal limits and
within existing municipal limits to the extent the standards...
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37-14-3
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 to any premises being provided retail electric service by another
electric supplier, or to any new premises located within the boundaries of assigned service
areas of another electric supplier, even if the premises is within municipal limits and the
electric supplier, in whose assigned area the premises is located has no franchise from the
municipality in which such premises is located. Assigned service areas outside existing municipal
limits are hereby established as set forth in this section. (1) Except as specified
in subdivisions (2) and (3) of this section herein, each electric supplier is hereby...

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37-14-2
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, that a university, college or
United States military base which distributes electricity shall not be deemed an electric
supplier for the purpose of this article. (2) ELECTRIC SERVICE AT RETAIL and RETAIL ELECTRIC
SERVICE. Electric service furnished to a customer for ultimate consumption, but does not include
wholesale electric service furnished by an electric supplier to another electric supplier
for resale. (3) PREMISES. The building, structure or facility to which electricity is being
metered or is to be furnished and metered, including all meters on such building,...
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37-14-31
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, that no person or entity, including
the Tennessee Valley Authority, who may not be lawfully regulated by the state by virtue of
powers granted by the laws of the United States which prevail over Alabama statutes, nor any
university, college or United States agency which distributes electricity at retail shall
be deemed an electric supplier for the purpose of this article. (2) ELECTRIC SERVICE AT RETAIL
and RETAIL ELECTRIC SERVICE. Electric service furnished to a customer for ultimate consumption,
but does not include wholesale electric service furnished by an electric...
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37-14-34
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 which the distribution facilities to be purchased are located to determine such matters
as are in dispute between the parties. If the purchase of distribution facilities proposed
to be purchased under the escrow notice described in subdivision (a)(1) of Section
37-14-33 is not closed within six months after the date of the escrow notice and if the primary
electric supplier has not filed a petition for resolution of disputes in the appropriate court
within 14 days after six months from the date of the escrow notice, then the primary electric
supplier's exercise of the option shall be void and of no further effect and the primary...

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37-14-11
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 discretion before the
closing of such purchase, seek judicial determination of the legality and validity of such
purchase of facilities pursuant to the provisions of this article, and all other questions
of the legality or validity of the provisions of this article. Such judicial determination
shall be had upon the filing of a complaint against the citizens of the State of Alabama and
against the affected primary electric supplier. Such complaint shall be filed in the circuit
court of Montgomery County, Alabama which shall have exclusive venue for the determination
of all questions of the legality and validity of the provisions of this...
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37-14-5
Section 37-14-5 Distribution facilities. The term "distribution facilities"
as used in Section 37-14-4 shall include distribution lines and other facilities constructed
or installed by the electric supplier in the area to which the purchase option applies, for
the rendering of retail electric service except (i) meters, (ii) distribution transformers
of voltages not compatible with those of the acquiring electric supplier, (iii) substations
of such a voltage that are not compatible with operations of the acquiring electric supplier,
(iv) facilities for provision of service by the secondary supplier to premises the electric
load of which such secondary supplier may continue to serve under Section 37-14-4(3),
and (v) such facilities designated by the supplier as necessary to continue its service in
an area not subject to the purchase option herein or to serve such supplier's own load. (Acts
1984, No. 84-206, p. 314, §4.)...
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37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of
article. In order to foster and encourage the underlying policies of this article and to assure
that sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
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