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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-4-140.htm - 9K - Match Info - Similar pages
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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37-14-36
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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37-14-2
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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37-6-42
Section 37-6-42 Enumerated powers. (a) Any such electric cooperative shall have power: (1)
To supply telephone service in rural areas to its members, to governmental agencies and political
subdivisions, to other persons, and to business entities not in excess of 40 percent of the
number of its members; provided that wireless communications services, including, without
limitation, services classified as of January 1, 1997, as "commercial mobile radio services"
by the Federal Communications Commission, may be provided to any person, firm, corporation,
governmental agency, or political subdivision within any area for which the electric cooperative
is authorized to provide such wireless service under federal law or regulations, without the
business entity being a member of the cooperative, regardless of whether the business entity
is in excess of 40 percent of the number of its members, and, without limiting the foregoing,
should a cooperative acquire any facilities in rural areas...
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31-9-10
Section 31-9-10 Local emergency management organizations; emergency powers of political subdivisions.
(a) Each political subdivision of this state is hereby authorized and directed to establish
a local organization for emergency management in accordance with the state emergency management
plan and program and may confer or authorize the conferring, upon members of the auxiliary
police, the powers of peace officers, subject to such restrictions as shall be imposed. The
governing body of the political subdivision is authorized to appoint a director, who shall
have direct responsibility for the organization, administration, and operation of such local
organization for emergency management, subject to the direction and control of such governing
body. Each local organization for emergency management shall perform emergency management
functions within the territorial limits of the political subdivision within which it is organized,
and, in addition, shall conduct such functions outside of...
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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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41-16-51
Section 41-16-51 Contracts for which competitive bidding not required. (a) Competitive bids
for entities subject to this article shall not be required for utility services, the rates
for which are fixed by law, regulation, or ordinance, and the competitive bidding requirements
of this article shall not apply to: (1) The purchase of insurance. (2) The purchase of ballots
and supplies for conducting any primary, general, special, or municipal election. (3) Contracts
for securing services of attorneys, physicians, architects, teachers, superintendents of construction,
artists, appraisers, engineers, consultants, certified public accountants, public accountants,
or other individuals possessing a high degree of professional skill where the personality
of the individual plays a decisive part. (4) Contracts of employment in the regular civil
service. (5) Contracts for fiscal or financial advice or services. (6) Purchases of products
made or manufactured by the blind or visually handicapped...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16-51.htm - 9K - Match Info - Similar pages
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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