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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-33.htm - 14K - Match Info - Similar pages
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, ยง4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-5.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-4.htm - 11K - Match Info - Similar pages
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
37-14-38
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-38.htm - 10K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-3.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-32.htm - 6K - Match Info - Similar pages
37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-6-3.htm - 19K - Match Info - Similar pages
37-14-6
Section 37-14-6 Resolution of disputes regarding purchases of facilities, etc. In the event
that a dispute should arise between two or more electric suppliers in connection with the
purchase of distribution facilities under Section 37-14-4, 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 notice described
in Section 37-14-4(1) is not closed within six months after the date of the 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 notice, then the primary electric
supplier's exercise of the option shall be void and of no further effect and the primary electric
supplier shall have no right to purchase such facilities...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-6.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-34.htm - 1K - Match Info - Similar pages
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