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37-14-15
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, ยง9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-15.htm - 560 bytes - Match Info - Similar pages
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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37-14-12
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 nature of any franchise heretofore issued by a municipality which will be
affected; a general description of restrictions imposed by this article; the proposed date
when the purchase and sale or other transaction is to be effective, and the impact which such
restrictions and sale shall have on the parties and the public. (b) The judge of said court
shall, upon the filing and presentation of said complaint, issue an order against the citizens
of the state, and other defendants requiring them to show cause, at a time and place to be
designated in said order, which time shall be not less than 35 days nor...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-11.htm - 1K - Match Info - Similar pages
37-14-14
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 Alabama Rules
of Appellate Procedure; or, if an appeal is taken and the judgment validating the provisions
of this article and such purchases and sales, other transactions and restrictions shall be
affirmed by the supreme court; or, if the circuit court shall render a judgment refusing to
validate and confirm the provisions of this article and/or the purchase and sale, other transactions
or restrictions pursuant to this article, and on appeal such judgment shall be reversed by
the supreme court (in which case the supreme court shall issue its mandate to the circuit
court requiring it to enter a judgment validating the provisions of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-14.htm - 1K - Match Info - Similar pages
37-14-37
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
circuit in which the facilities are being constructed by the offending electric supplier for
an injunction to prevent the offending electric supplier from completing the facilities for
provision of the retail electric service in question. (b) If an electric supplier believes
that another electric supplier has already rendered or extended electric service at retail
to a premise which was designated to be served by the aggrieved electric supplier, the aggrieved
electric supplier shall give notice in writing to the offending electric supplier of the potential
violation of this article. The offending electric supplier shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-37.htm - 3K - Match Info - Similar pages
37-14-9
Section 37-14-9 Action for injunction or damages for violation of article authorized; procedure.
(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 circuit in which the facilities are being constructed by the offending
electric supplier for an injunction to prevent the offending electric supplier from completing
the facilities for provision of the retail electric service in question. (b) If an electric
supplier believes that another electric supplier has already rendered or extended electric
service at retail to a premise which was designated to be served by the aggrieved electric
supplier, the aggrieved electric supplier shall give notice in writing to the offending electric
supplier of the potential violation of this article. The offending...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-4-30.htm - 15K - Match Info - Similar pages
30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition under
this article must be verified. Certified copies of all orders sought to be enforced and of
any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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