Code of Alabama

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45-37A-461
Section 45-37A-461 Electric supplier service territories. (a) 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 in and around the City of Tarrant City, Alabama. Among its findings
is that with respect to retail electric service industry, the benefits normally associated
with competition between two suppliers for customers is outweighed by the tremendous cost
burden which must be borne by such customers associated with the maintenance of two or more
duplicate sets of facilities. It is the further finding of the Legislature that the existence
of duplicate facilities for the furnishing of electricity at retail in Tarrant City is not
in the public interest because of the adverse impact which such duplication has on environmental
and aesthetic values and on safety. It is therefore declared that the...
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37-14-36
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. In areas to which these agreements are applicable, the procedures for elimination
and prevention of duplication of electric distribution facilities set forth in these agreements
shall govern. The following agreements are therefore mandated by the State of Alabama to be
applicable: (1) Agreement between Cherokee Electric Cooperative (successor to Cherokee County
Electric Membership Corporation) and Alabama Power Company dated June 5, 1940. (2) Agreement
among the City of Bessemer, Alabama, Alabama Power Company and the Tennessee Valley Authority
dated August 12, 1971. (3) Agreement between the City of Tarrant City, Alabama...
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37-14-8
Section 37-14-8 Exemptions. 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. In areas to which these agreements
are applicable, the procedures for elimination and prevention of duplication of electric distribution
facilities set forth in these agreements shall govern. The following agreements are therefore
mandated by the State of Alabama to be applicable: (1) Agreement between Cherokee Electric
Cooperative (successor to Cherokee County Electric Membership Corporation) and Alabama Power
Company dated June 5, 1940. (2) Agreement among the City of Bessemer, Alabama, Alabama Power
Company and the Tennessee Valley Authority dated August 12, 1971. (3) Agreement between the
City of Tarrant City, Alabama and Alabama Power Company dated June...
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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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37-14-30
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, the benefit normally associated with competition between two or more entities
for customers is outweighed by the tremendous cost burden which must be borne by such customers
associated with the maintenance of two or more duplicate sets of facilities. It is the further
finding of the legislature that the existence of duplicate facilities for the furnishing of
electricity at retail is not in the public interest because of the adverse impact which such
duplication has on environmental and aesthetic values and on safety. It is therefore declared
that the policy of the State of Alabama is to ensure effective,...
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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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37-4-150
Section 37-4-150 Electric transmission facilities. (a) This section shall be
known and may be cited as the Energy Security Act of 2015. (b) The Legislature hereby finds
and declares that due to the economic, financial, and service impacts associated with the
development of electric transmission facilities used for the furnishing of electric service
to consumers in this state, it is in the public interest to provide incumbent electric suppliers
the right to construct, own, operate, and maintain new transmission facilities that connect
to their own electric systems. The Legislature further finds and declares that providing incumbent
electric suppliers this right furthers their ability to satisfy their respective obligations
to provide service to Alabama consumers. This section implements these findings. (c)
As used in this section, the following words have the following meanings: (1) COMMISSION.
The Alabama Public Service Commission. (2) ELECTRIC TRANSMISSION FACILITY. Any transmission...

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37-4-140
Section 37-4-140 Purchase of electricity. (a) For purposes of this section only,
the following terms shall have the following meanings: (1) AVOIDED COSTS. Costs that a utility
or a commission non-jurisdictional electric supplier which purchases electrical energy from
a distributed generation facility would have been required to incur but for the distributed
generation facility's provision of electrical energy during the same period of time. To the
extent such costs are actually avoided, the term may include incremental fuel costs, incremental
energy losses, incremental emission allowance costs, and incremental fuel-related operation
and maintenance expenses. The term does not include, among other things, costs associated
with capacity, the transmission and distribution system, administrative and general costs,
customer accounting costs, and general plant in service costs. (2) COMMISSION. The Alabama
Public Service Commission. (3) COMMISSION NON-JURISDICTIONAL ELECTRIC SUPPLIER. a. A...
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37-4-30
Section 37-4-30 Obtaining electric service under a private contract; definitions. (a)
No existing electric customer shall obtain electric service under a private contract for electric
service without first giving written notice to the utility currently providing it retail electric
service at least 45 days prior to the date on which the private contract for electric service
is to become effective. In the event any utility currently providing service to the existing
electric customer determines that it or its other electric customers will be adversely affected
by the loss of the existing electric customer due to the private contract for electric service,
it may, within 45 days of the date of the existing electric customer's written notice of a
private contract for electric service, file a petition for review of the private contract
for electric service as set forth below and service under such contract shall not be initiated
until 45 days after such review has been completed and an order...
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