Code of Alabama - Title 37: Public Utilities and Public Transportation - Chapter 1 - Public Service Commission

• Article 1 Organization and Personnel.
• Section 37-1-1 Commission established
  A commission to be known as the Public Service Commission, consisting of a president and two associates who shall be competent persons and qualified electors...
• Section 37-1-2 Seal
  The commission shall have a seal with the words "Alabama Public Service Commission" with such emblem as the commission may prescribe.
• Section 37-1-3 Election or appointment of commissioners; terms of office; filling of vacancies
  (a) The terms of office of the commissioners shall be for four years; at the election to be held in the state on the first...
• Section 37-1-4 Oath
  The members of the commission shall be state officers, and before entering upon the discharge of their duties they shall take the oath of office...
• Section 37-1-5 Commissioners and clerks not to render professional service to utilities
  No public service commissioner or clerk of the commission shall, during his continuance in office, personally or through any partner or agent, render any professional...
• Section 37-1-6 Certain persons ineligible to be commissioners
  No person owning any stock in any utility, or in the employment of any utility or pecuniarily interested in any utility, as defined in this...
• Section 37-1-7 Impeachment and removal of commissioners
  The commissioners may be impeached and removed from office by the supreme court for the same causes and in the same manner as other state...
• Section 37-1-8 Office; meetings; record of proceedings
  The commissioners shall have an office at Montgomery, Alabama, and shall meet there a minimum of once a month, with the public information officer giving...
• Section 37-1-9 Residency of commissioners; full time devoted to official business
  Each member of the commission shall devote his or her full time to his or her official business and may reside anywhere within this state.
• Section 37-1-10 Domicile of commission; jurisdiction of actions or proceedings against commission
  The domicile of the Public Service Commission is fixed at the Capitol of the state in Montgomery, Montgomery County, and no court of the state...
• Section 37-1-11 Salaries and expense allowances of commissioners
  Subject to the provisions of this section, the President of the Public Service Commission and each of the Associate Commissioners of the Public Service Commission...
• Section 37-1-12 Employees - Appointment or employment; salaries; special counsel
  The commission, under the provisions of the merit system, shall have the authority to appoint or employ attorneys, officers, and such accountants, engineers, experts, inspectors,...
• Section 37-1-12.1 Employees - Accountant, utility rates analyst, economist, etc
  The commission is hereby authorized and empowered to employ technically qualified personnel to serve as members of its staff and under its direction and supervision,...
• Section 37-1-12.2 Employees - Stenographic and other clerical assistants; special investigators
  The commission shall employ such stenographic and other clerical assistants, and special investigators, as it may require for the performance of its duties. Such assistants...
• Section 37-1-13 Employees - Penalty for divulging certain information
  Any regular or special employee of the Public Service Commission who divulges any fact or information coming to his knowledge respecting any inspection, examination or...
• Section 37-1-14 Bond of supervisor of accounts
  Before entering upon the duties of his office, the supervisor of accounts of the Public Service Commission shall execute to the State of Alabama a...
• Section 37-1-15 Free tickets, free passes or free transportation
  The following persons may, at the discretion of such carrier, pass free of charge on all railroads and all other common carriers and may, at...
• Section 37-1-16 Assignment of Assistant Attorney General to represent consumers and state in proceedings before commission; powers and duties of Attorney General in connection with public utility services generally; commission to furnish copies of applications, pleadings, etc., filed with it to Attorney General
  (a) In addition to such staff assistants and investigators as are provided for in Sections 37-1-12.1 and 37-1-12.2, the Attorney General shall assign an Assistant...
• Section 37-1-17 Economic and financial studies and surveys of public utility services; compilation of financial and economic data, statistics and analysis; evaluations of future needs
  It shall be the duty and responsibility of the commission's staff to make economic and financial studies and surveys of the public utility services in...
• Section 37-1-18 Consumer's Utility Rate Hearing Fund
  Each fiscal year, including the fiscal year of the enactment of this section, there is hereby appropriated from the State General Fund the sum of...
• Article 2 Powers and Duties Generally.
• Division 1 General Provisions.
• Section 37-1-30 Use of word "utility" or "utilities."
  Whenever the word "utility" or "utilities" is used in this chapter, the same shall include all utilities defined under Sections 37-2-1 and 37-4-1.
• Section 37-1-31 Exclusive powers and jurisdiction
  The rights, powers, authority, jurisdiction and duties by this title conferred upon the commission shall be exclusive and, in respect of rates and service regulations...
• Section 37-1-32 General supervision of utilities
  The Public Service Commission shall have general supervision of all persons, firms and corporations operating utilities mentioned in this title, shall inquire into the management...
• Section 37-1-33 Jurisdictional exemptions or limitations - Distribution or furnishing, etc., of electricity, gas, or steam
  None of the provisions of this title shall apply to the generation, transmission or distribution of electricity, to the manufacture or distribution of gas, to...
• Section 37-1-34 Jurisdictional exemptions or limitations - Municipal utilities
  Nothing contained in this title shall be deemed to confer upon the commission the power and jurisdiction to regulate and supervise any utility owned and...
• Section 37-1-35 Jurisdictional exemptions or limitations - Exercise of certain municipal powers
  Nothing in this title is intended or shall be construed: (1) To limit or restrict the police jurisdiction or power of municipalities over their streets...
• Section 37-1-36 Jurisdictional exemptions or limitations - Nonutility business
  When a person is engaged in business, a portion of which business is private business and a portion of which is the business of a...
• Section 37-1-37 Jurisdictional exemptions or limitations - Logging or private railroads
  This title shall not apply to logging or private railroads not doing business as common carriers.
• Section 37-1-38 Adoption of rules
  The commission may adopt and publish rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings before it,...
• Section 37-1-39 Publication of orders and opinions
  Every order of the commission shall be in writing, and in cases of importance may be accompanied by an opinion, setting forth, in brief, the...
• Section 37-1-40 Duty of utilities to comply with orders
  Every utility subject to the supervision of the Public Service Commission, and all officers, agents and employees of the same shall obey, observe and comply...
• Section 37-1-41 Reports to Governor
  On or before January 10 of each year, the Public Service Commission, through the president thereof, shall make to the Governor, for transmission to the...
• Section 37-1-42 Furnishing information to Department of Revenue
  The commission shall, on request of the Director of the Department of Revenue, furnish such information as will assist in the assessment of taxes against...
• 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...
• Section 37-1-44 Proceedings when interstate rates or rules, etc., deemed excessive or discriminatory
  When the commission is of the opinion that the interstate rates, charges, practices, rules or regulations of any utility are unjust, unreasonable, excessive, discriminatory or...
• Section 37-1-45 Sitting or conferring with commissions of other states
  The members of the commission may sit with and confer with other state utility commissions and public service commissions, either within or without the state,...
• Section 37-1-46 Sitting or conferring with federal commissions or agencies
  In any proceedings involving directly or indirectly any rate, charge, practice, rule, or regulation in force in the State of Alabama, the commission through any...
• Section 37-1-47 Intervention, initiation or participation in federal proceedings involving interstate rates, etc., in Alabama
  When, in any proceeding before the Interstate Commerce Commission, Federal Communications Commission, Federal Power Commission, Securities and Exchange Commission or any other federal bureau or...
• Section 37-1-48 Waiver by utility of terms or conditions in municipal ordinances or contracts
  Any utility accepting under the provisions of this title any rate or service regulation more favorable to it than provided by any ordinance or contract...
• Section 37-1-49 Duty of utility to render adequate service and maintain facilities
  Every utility shall maintain its plant, facilities and equipment in good operating condition and shall set up and maintain proper reserves for renewals, replacements and...
• Section 37-1-50 Certificate for abandonment of service
  No utility shall abandon all or any portion of its service to the public except ordinary discontinuance of service for nonpayment of charges, nonuser and...
• Section 37-1-51 Classification of utility services
  The commission may provide for a comprehensive classification of service for each utility, and such classification may take into account the quantity used, the time...
• Section 37-1-52 Prescribing standards of service; regulations for testing of service
  The commission may prescribe adequate standard of service rendered or to be rendered by any utility, and may prescribe regulations for the examination and testing...
• Section 37-1-52.1 Operator service to include access to live operator
  Each telecommunications utility and/or company that provides operator service shall ensure that a caller may access a live operator through a method designed to be...
• Section 37-1-53 Providing for accuracy of meters or measuring devices, etc
  (a) The commission may prescribe reasonable rules, regulations and standards to secure the substantial accuracy of all meters, safety devices, regulators and mileage indicators and...
• Section 37-1-54 Establishing uniform systems of accounts for utilities
  (a) The commission may, when it deems it advisable to do so, establish a uniform system of accounts for each utility, which system shall be...
• Section 37-1-55 Separation of intrastate railroad operations for accounting purposes
  Where railroads are required to keep their accounts and records and do keep them in accordance with the requirements of any law of the United...
• Section 37-1-56 Prescribing changes in form for schedules and service regulations
  The commission may prescribe such changes in the form in which the schedules and service regulations are issued by any utility as may be found...
• Section 37-1-57 Requiring reports and information from utilities - Generally
  Every utility, when and as required by the commission, shall file with the commission such annual, or other reports, and such other information as the...
• Section 37-1-58 Requiring reports and information from utilities - Annual return of business
  Every utility doing business in this state must, within 90 days after the close of business for its preceding fiscal or calendar year, make to...
• Section 37-1-59 Requiring reports and information from utilities - Additional reports of earnings and operating expenses
  The commission may also require utilities to file additional reports of earnings and operating expenses within a specified time, and may require specific answers to...
• Section 37-1-60 Requiring reports and information from utilities - Form of reports and records
  The Public Service Commission shall prescribe the form of the annual or other reports and records required to be made by utilities. The form of...
• Section 37-1-61 Requiring reports and information from utilities - Originals to be subscribed and sworn to; preservation in office of commission
  The originals of the reports shall be subscribed and sworn to, and shall be preserved in the office of the commission.
• Section 37-1-62 Reports, records and accounts to be open for public inspection
  All reports, records and accounts in the possession of the commission shall be open to inspection by the public at all times, except as otherwise...
• Section 37-1-63 Powers of commissioners and examiners to administer oaths, issue subpoenas, etc
  Each of the commissioners, and any examiners appointed by the commission, for the purposes mentioned in this title, and in all hearings before the commission,...
• Section 37-1-64 Attorney General to represent commission in legal proceedings; employment of special counsel
  The Attorney General shall represent the Public Service Commission in any and all legal proceedings which it may have the power to institute and which,...
• Section 37-1-65 Actions to enforce penalties or forfeitures
  Unless otherwise in this title provided, all actions to enforce penalties or forfeitures under this title shall be brought in the name of the State...
• Section 37-1-66 Powers of members of enforcement division
  Members of the enforcement division of the Public Service Commission designated in writing by the Public Service Commission shall have the powers of peace officers...
• Division 2 Rates and Other Regulations.
• 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...
• Section 37-1-80.1 Review and adjustment of rates of connecting telephone companies when South Central Bell Telephone Company receives increase in net return
  When South Central Bell Telephone Company receives an increase in its net return as the result of any order issued by the Alabama Public Service...
• Section 37-1-80.2 Dual party relay system and fund; board of trustees; funding of other services; liability of trustees
  (a) The Alabama Public Service Commission shall impose a surcharge on each access line of each customer of the local exchange companies operating in Alabama...
• 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...
• Section 37-1-82 Production and inspection of books or records, etc., of utilities
  (a) The commission, by order, may require any utility or any officer or agent thereof to produce within the state, at such reasonable time and...
• Section 37-1-83 Investigation of unfair rates or inadequate service; who may file complaints; continuance
  Upon a complaint in writing made against any utility by any mercantile, agricultural or manufacturing society, or by any body politic or municipal organization, or...
• Section 37-1-84 Filing and contents of complaint
  Such action or complaint shall be commenced by filing a complaint with the Public Service Commission alleging wherein the rate or rates, or order or...
• Section 37-1-85 Time and place of hearing
  Whenever the commission shall determine to conduct an investigation either with or without complaint, as in this title provided, it shall fix a time and...
• Section 37-1-86 Notice and process
  (a) Before proceeding to make such investigation, the commission shall give the utility and the complainant at least 10 days' notice of the time and...
• Section 37-1-87 Intervention in proceedings before commission
  Every person, firm, corporation, copartnership, association, or organization affected thereby may by petition intervene and become a party to any proceeding before the commission.
• Section 37-1-88 Right of party to be heard in person or by attorney
  In any hearing, proceeding or investigation conducted by the commission, any party may be heard in person or by attorney.
• Section 37-1-89 Taking of testimony; further investigation; laws governing conduct of hearing; transcript
  (a) At the hearing held pursuant to such notice, the commission may take such testimony as may be offered, or as it may desire, and...
• Section 37-1-90 Separate hearings on several matters
  When complaint is made of more than one rate or service, the commission may, when justice or convenience so requires, order separate hearings thereon and...
• Section 37-1-91 Witnesses not excused for reasons of incrimination or forfeiture; perjury prosecution not barred
  No person shall be excused from attending and testifying, or from producing books and papers before the commission, or in obedience to the subpoena of...
• Section 37-1-92 Depositions of witnesses
  The commission or, with the consent of the commission, any party to any proceeding before the commission, may, in any investigation, cause depositions of witnesses...
• Section 37-1-93 Fees of witnesses
  Each witness who shall appear before the commission by its order shall receive for his attendance the fees and mileage provided for witnesses in civil...
• Section 37-1-94 Time allowed commission for making decision
  The commission shall, within 90 days after the completion of the hearings and arguments, if any, and the filing of briefs, if any, in any...
• Section 37-1-95 Order requiring discontinuance or rectification of violation
  Whenever, after investigation in accordance with the provisions of this title the commission shall be of the opinion that any provision or requirement of this...
• Section 37-1-96 Necessity for hearing prior to order affecting rate or service
  No order shall be made by the commission affecting any rate or service, except as otherwise specifically provided, unless or until a public hearing has...
• Section 37-1-97 Order fixing reasonable rate
  Whenever, upon an investigation made under the provisions of this title, the commission shall find any existing rate or rates or any regulation or practice...
• Section 37-1-98 Certified copies of orders
  Certified copies of orders of the commission shall be delivered to any officer, superintendent, or agent of the utility affected thereby.
• Section 37-1-99 Rates and orders of commission deemed prima facie reasonable and valid
  All rates, fares, charges, classifications and joint rates and orders establishing rules, regulations, practices or services fixed by the commission shall be in force and...
• Section 37-1-100 Effective date of orders
  Unless a different time is prescribed by the commission, every order of the commission shall be effective 20 days after the service thereof, and shall...
• Section 37-1-101 Modification of orders
  At any time after the entry thereof, the commission, in the manner provided for in the making thereof, may alter, amend, annul or otherwise modify...
• Section 37-1-102 Record of proceedings
  A full and complete record of all proceedings before the commission on any investigation had and all testimony therein shall be taken down by the...
• Section 37-1-103 Substantial compliance by commission with requirements of title sufficient
  A substantial compliance by the commission with the requirements of this title shall be sufficient to give effect to all rules, orders, acts, and regulations...
• Section 37-1-104 Power of circuit court to compel compliance with commission orders, etc
  In case of failure or refusal on the part of any person to comply with any valid order of the commission or of any commissioner,...
• Section 37-1-105 Rehearing
  At any time after an order has been made by the commission, any person interested therein may apply for a rehearing in respect to any...
• Division 3 Appeals.
• Division 1 General Provisions.
• Section 37-1-120 Right of appeal to Circuit Court of Montgomery County - Generally
  From any final action or order of the commission in the exercise of the jurisdiction, power and authority conferred upon it by this title, an...
• Section 37-1-121 Right of appeal to Circuit Court of Montgomery County - Intervenors or interested parties
  Any intervenor or interested party may appeal from any final order of the commission within the time, in the manner and upon the conditions provided...
• Section 37-1-122 Time for appeal; how appeal perfected
  All appeals shall be taken within 30 days from the date of such action or order and shall be granted as a matter of right...
• Section 37-1-123 Record or transcript of proceedings before commission
  Within 30 days after the perfecting of the appeal and sooner if practicable, the Public Service Commission, through its president or any member thereof, or...
• Section 37-1-124 Proceedings on appeal
  The commission's order shall be taken as prima facie just and reasonable. No new or additional evidence may be introduced in the circuit court, except...
• Section 37-1-125 Right to supersede order by giving bond
  On any such appeal any utility, interested party or intervenor may supersede any order or judgment entered by giving such supersedeas bond or bonds as...
• Section 37-1-126 Superseding order - Order of stay or supersedeas
  An appeal to the Circuit Court of Montgomery County shall not stay or supersede the order or action of the commission appealed from. Subject to...
• Section 37-1-127 Superseding order - Statement of approximate effect on revenues
  In the application for supersedeas, the utility shall, under oath, state the estimated approximate amount by which its revenues will be increased or reduced as...
• Section 37-1-128 Superseding order - Amount of bond
  The bond required to be filed as provided in this subdivision in order to supersede an order of the commission shall be double the sum...
• Section 37-1-129 Superseding order - Additional bond
  An additional bond of like amount and with the same conditions shall be given at the end of each six months pending the appeal to...
• Section 37-1-130 Superseding order - Order stayed and superseded upon giving bond; termination of stay or supersedeas
  After the required bond shall have been given, the order appealed from shall be stayed and superseded, and it shall be lawful for the utility...
• Section 37-1-131 Rate suspension to affect only utilities giving bond
  If any rate or rates or order or orders shall, under the provisions of this chapter be suspended by the giving of any of the...
• Section 37-1-132 Right of appeal to supreme court
  Any party may appeal to the Supreme Court of Alabama from the judgment of the Circuit Court of Montgomery County. In connection with any such...
• Section 37-1-133 Appeal by commission or State
  If the Public Service Commission or the State of Alabama shall appeal from a judgment annulling or suspending any rates or orders, it shall not...
• Section 37-1-134 Appeal by utility
  If said appeal is taken by the utility, security for the costs of the appeal shall be given as in cases of other appeals from...
• Section 37-1-135 Action on bond for damages resulting from suspension of rates or orders
  Any person, firm, company, or corporation who shall sustain any loss, injury or damage by reason of the suspension of the rates or orders, or...
• Division 2 Appeals in Cases Involving Rates and Charges of Telephone Companies or Public Utilities.
• 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...
• Section 37-1-141 Who may appeal; manner of taking appeal; application for supersedeas; supersedeas bonds; collection of denied rate increases prior to final disposition of case
  Either party or any intervenor may appeal to the supreme court from the action or order of the commission under the same rules and regulations...
• Section 37-1-142 Certification to supreme court of record or transcript of proceedings before commission
  Within 30 days after the perfection of the appeal as provided in this subdivision 2, and sooner if practicable, the Public Service Commission, through its...
• Section 37-1-143 Review of case to be upon certified record or transcript; remand of case to commission for additional proceedings; employment of special masters, accountants, consultants, etc., by chief justice
  The court shall review the case upon the certified record or transcript of the commission, and no new or additional evidence shall be introduced or...
• Section 37-1-144 Subdivision cumulative; repeal of conflicting laws
  The provisions of this subdivision 2 are cumulative and supplemental and shall be construed in pari materia with other laws regulating appeals from actions or...
• Division 4 Injunction or Restraining Order.
• Section 37-1-150 Bond as condition precedent to issuance of injunction or restraining order
  No judge or court shall grant any preliminary injunction or interlocutory order or process suspending or restraining any rate or order of the Public Service...
• Section 37-1-151 Notice to commission
  No preliminary injunction or interlocutory order or process suspending or restraining or affecting the enforcement of any action, order or determination of the commission shall...
• Section 37-1-152 Filing of bond; condition to pay damages
  The bonds required to be given as a condition precedent to the issue of restraining orders or injunctions shall be filed with the clerk of...
• Section 37-1-153 Right to appeal
  Either party may appeal to the supreme court from the judgment of the trial court in such proceedings, such appeal to be taken within 30...
• Section 37-1-154 Bond required upon appeal by utility
  If the utility desires to take an appeal from the judgment of the trial court and to supersede the same, it shall give, in addition...
• Section 37-1-155 Action on bond
  Any person, firm, company or corporation, who shall sustain any loss, injury or damage by reason of such injunction or restraining order, may bring a...
• Section 37-1-156 Delivery of bond upon dissolution of injunction; receipt in evidence
  Immediately after the dissolution or vacating of the injunction or restraining order, or upon the same ceasing for any reason to be operative and in...
• Section 37-1-157 Costs
  If, upon the appeal of any action originating under this title, it shall be determined by the court that the order of the commission was...

Last modified: May 3, 2021