Code of Alabama

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37-1-43
Section 37-1-43 Jurisdiction over utilities engaged in interstate commerce not regulated under
acts of Congress. All the authority, powers and jurisdiction which have been given by law
to the Alabama Public Service Commission over utilities engaged in intrastate commerce in
this state are hereby given to said commission over utilities whose principal place of business
is located outside the State of Alabama, but who are engaged in this state in interstate commerce
not regulated under the acts of the Congress of the United States to the extent that the exercise
by said commission of such authority, powers and jurisdiction over such utilities engaged
in interstate commerce is permissible. (Acts 1923, No. 516, p. 687; Code 1923, §9649; Code
1940, T. 48, §28.)...
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37-1-81
Section 37-1-81 Schedules of rates or service regulations. (a) Whenever a utility desires to
put in operation a new rate or service regulation or to change any existing rate or service
regulation, it shall file with the commission a new schedule embodying the same, not less
than 30 days prior to the time it desires to make the same effective; but the commission may,
upon application of the utility, prescribe a less time within which the same may be made effective.
In the absence of suspension or disapproval by the commission, as herein provided, the new
rate or service regulation embodied in any such new schedule shall become effective at the
time specified in such schedule, subject however to the power of the commission at any time
thereafter to take any action respecting the same authorized by this title. (b) To enable
it to make such investigation as, in its opinion, the public interest requires, the commission,
in its discretion, for a period not exceeding six months may suspend...
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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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45-49A-64.15
Section 45-49A-64.15 Freedom of authority from Public Service Commission and other state supervision
and control. This part is intended to aid the state in the execution of its duties by providing
appropriate and independent instrumentalities of the state with full and adequate powers to
fulfill their functions. Except as in this part expressly otherwise provided, no proceeding,
notice, or approval shall be required for the incorporation of any authority or the amendment
of its certificate of incorporation, the acquisition of any property or transit system, or
the issuance of any bonds, mortgage, and deed of trust, or trust indenture. The authority,
every transit system of the authority, any public transportation service provided by the authority,
and the rates and charges thereof shall be exempt from all jurisdiction of, and all regulation
and supervision by, the Public Service Commission. Neither a public hearing nor the consent
of the State Department of Finance shall be...
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11-47-3
Section 11-47-3 Contracts and indebtedness for municipal buildings and public utility systems;
consolidation of systems; ancillary service contracts. (a) The governing body of any city
or town may contract for the construction, reconstruction, extension, or repair of any municipal
building, plant, waterworks system, or electric light and power plant or system or may on
credit employ labor and purchase on credit all materials and supplies needed in such construction,
reconstruction, extension, or repair and may, without an election, issue evidences of indebtedness
in the forms and of the maturities described in Section 11-47-2 to the extent of any indebtedness
incurred in such contract or purchase or construction, reconstruction or extension and may
secure such evidences of indebtedness by mortgage or deed of trust (in such form and with
such provisions as such governing body may determine) on such municipal building, plant, waterworks
system, or electric light and power plant or...
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37-1-80
Section 37-1-80 Rates to be just and reasonable; right of utility to earn fair net return;
alternative methods of regulation. (a) The rates and charges for the services rendered and
required shall be reasonable and just to both the utility and the public. Every utility shall
be entitled to such just and reasonable rates as will enable it at all times to fully perform
its duties to the public and will, under honest, efficient and economical management, earn
a fair net return on the reasonable value of its property devoted to the public service. For
the purpose of fixing rates, such reasonable value of a public utility's property shall be
deemed to be the original cost thereof, less the accrued depreciation, as of the most recent
date available. In any determination of the commission as to what constitutes such a fair
return, the commission shall give due consideration among other things to the requirements
of the business with respect to the utility under consideration, and the...
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37-4-1
Section 37-4-1 Definitions. Unless otherwise specified, when used in this article, these terms
shall have the following meanings: (1) COMMISSION. The Alabama Public Service Commission.
(2) COMMISSIONER. A member of the commission. (3) MUNICIPALITY. Any municipal corporation
organized under the laws of this state. (4) PERSON. Such term shall mean and include individuals,
associations of individuals, firms, partnerships, companies, corporations, municipalities,
governmental agencies, their lessees, trustees, or receivers appointed by any court whatsoever,
in the singular number as well as in the plural. (5) NONUTILITY. Any federal agency, instrumentality,
or corporation, owned by the United States, and any corporation or joint stock company in
which the United States or any of its departments, establishments, or agencies, owns more
than 50 percent of the voting shares of stock of such corporation or joint stock company.
(6) SECURITIES. Such term shall mean and include stock, stock...
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37-1-140
Section 37-1-140 Direct appeal to Supreme Court as matter of right; preferred setting of appeals;
time for taking appeals; bond required when appellant is utility or person. In all cases involving
controversies respecting rates and charges of telephone companies or public utilities, an
appeal from any action or order of the Alabama Public Service Commission in the exercise of
the jurisdiction, power and authority conferred upon it by this title, as amended and supplemented,
shall lie directly to the Supreme Court of Alabama. All such appeals shall be given a preferred
setting in the supreme court and shall be heard and determined by said court en banc. Nothing
in this subdivision 2 shall be deemed to apply to any such cases other than those in which
rates and charges are involved. All such appeals shall be taken within 30 days from the date
of such action or order of the Alabama Public Service Commission and shall be granted as a
matter of right and be deemed perfected by filing with...
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40-19-14
Section 40-19-14 Penalty for violations. Every motor carrier and every officer, agent, or employee
of any such motor carrier and every other person who violates or causes or aids or abets any
violation of any provision of this chapter or order, rule, or regulation of the Department
of Revenue or of the Alabama Public Service Commission under the provisions of this chapter,
or who knowingly makes any false or erroneous statement, report, or representation to the
Alabama Public Service Commission or to the Department of Revenue, with respect to any matter
placed under the jurisdiction of the Alabama Public Service Commission or the Department of
Revenue by this chapter, or who shall knowingly make any false entry in the accounts or records
required to be kept pursuant to the authority granted by this chapter, or who shall knowingly
fail to keep, or who shall knowingly destroy or mutilate any such accounts or records shall
be punished by a fine not to exceed $500 or by imprisonment in the...
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45-49-261.16
Section 45-49-261.16 Construction setbacks. (a) The Mobile County Commission, through the county
planning and zoning commission, shall regulate the construction setback from the centerline
of any state or county public road or highway located within the jurisdiction of the commission.
(b) The provisions of this section do not apply to poles, facilities, structures, water, gas,
sewer, electric, telephone, billboards, or utility lines or other facilities of public utilities.
(c) The construction setback from any state or county public road or highway shall vary according
to the highway functional classifications submitted by the Mobile County Commission and approved
by the Federal Highway Administration for Mobile County. (d) The functional classifications
and the construction setbacks required for each classification are established as follows:
(1) Principal arterials require a 125 foot setback from the centerline of the right-of-way.
(2) Minor arterials require a 100 foot setback from...
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