Code of Alabama - Title 37: Public Utilities and Public Transportation - Chapter 4 - Public Utilities Other Than Transportation Companies or Motor Vehicle Carriers

• Article 1 Rate and Other Regulations.
• Section 37-4-1 Definitions
  Unless otherwise specified, when used in this article, these terms shall have the following meanings: (1) COMMISSION. The Alabama Public Service Commission. (2) COMMISSIONER. A...
• Section 37-4-2 Jurisdiction of commission limited as to nonutilities
  The commission shall not have any jurisdiction, authority, power or control in any respect whatsoever over any nonutility, as defined in Section 37-4-1, except as...
• Section 37-4-2.1 Regulation of certain private water system utilities in Class 8 municipalities
  Notwithstanding any other provision of law, any private water system utility which serves less than 1,000 customers and purchases its water from a municipal water...
• Section 37-4-3 Officers and directors occupy fiduciary relationship
  The officers and directors of every corporation operating as a utility shall be deemed to stand in a fiduciary relation to the corporation, and shall...
• Section 37-4-4 Directors not to delegate or relinquish duties
  The directors of corporations which are utilities engaged in any intrastate business in this state shall not, in any manner, delegate or temporarily or permanently...
• Section 37-4-5 Sale or purchase of securities by utility employees
  No utility shall permit any employee to sell, offer for sale, or solicit the purchase of any security of any other person or corporation during...
• Section 37-4-6 Payment of dividends
  (a) No utility engaged in intrastate business in this state shall pay any dividend upon its common stock until: The utility's earnings and earned surplus...
• Section 37-4-7 Application to issue securities or assume obligations - When required; order of commission
  No utility shall issue any securities, or assume any obligation or liability, as lessor, lessee, guarantor, endorser, surety or otherwise, in respect to the securities...
• Section 37-4-8 Application to issue securities or assume obligations - Form; contents; oath; signatures; by whom filed
  Every application for authority for such issue or assumption shall be made in such form and contain such matters as the commission may prescribe. Every...
• Section 37-4-9 Application to issue securities or assume obligations - Time for disposition by commission
  All applications for the issuance of securities or assumption of liability or obligation shall be placed at the head of the commission's docket and disposed...
• Section 37-4-10 Application to issue securities or assume obligations - Grant or denial; modifications; supplemental orders
  The commission, by its order, may grant or deny the application provided for in Section 37-4-7 as made, or may grant it in part or...
• Section 37-4-11 Sale, pledge or other disposition of securities
  Whenever any securities set forth and described in any such application for authority or certificate of notification as pledged or held unencumbered in the treasury...
• Section 37-4-12 Guarantee or obligation on part of state not to be implied
  Nothing in this article shall be construed to imply any guarantee or obligation as to such securities on the part of the State of Alabama.
• Section 37-4-13 Provisions of article not applicable to certain notes
  The provisions of Sections 37-4-7 through 37-4-12 shall not apply to notes issued by a utility for the proper purposes and not in violation of...
• Section 37-4-14 Receiver's certificate or debentures
  Nothing contained in this chapter shall limit the power of any court having jurisdiction to authorize or cause a receiver's certificate or debentures to be...
• Section 37-4-15 Reports by utility
  The commission shall require periodical or special reports from each utility hereafter issuing any security, including such notes payable at periods of not more than...
• Section 37-4-16 Validity of securities issued without authorization; penalty for violation
  Securities issued and obligations and liabilities assumed by a utility, for which under the provisions of this chapter the authorization of the commission is required,...
• Section 37-4-17 Valuation of utility property - When made; assistants and examiners; factors considered
  The commission may, upon its own motion, at any time, and upon reasonable notice to any utility, when the commission deems it necessary to ascertain...
• Section 37-4-18 Valuation of utility property - Notice; filing of protest; finality
  Whenever the commission shall have completed its valuation and report of the property of any utility, as provided in this article, and before such valuation...
• Section 37-4-19 Valuation of utility property - Hearing upon protest; corrections; final order
  If notice of protest is filed, the commission shall fix a time for hearing the same and shall proceed as promptly as possible to hear...
• Section 37-4-20 Valuation of utility property - Revaluation
  (a) If the valuation of the property of any utility has become final as provided in this article, or if such valuation becomes final as...
• Section 37-4-21 Valuation of utility property - Appeals
  When any order of valuation or of revaluation of the commission has become a final order, an appeal may be taken therefrom by the utility...
• Section 37-4-22 Contract rates
  (a) Rates and service regulations may be established by contract between a municipality and utility for a specified term, not exceeding 30 years, but only...
• Section 37-4-23 Inspection and supervision fees - Generally
  Each utility, as defined in this chapter, doing business in this state and subject to the control and jurisdiction of the commission with respect to...
• Section 37-4-24 Inspection and supervision fees - Recovery of delinquent fees
  (a) Supervision and inspection fees provided for in this chapter shall be in default after February 1, May 1, August 1 and November 1 of...
• Section 37-4-25 Intercorporate relations - Treatment of utility as part of general system
  For all the purposes of this chapter the commission may, in its discretion, deem and treat any utility, the property of which is operated in...
• Section 37-4-26 Intercorporate relations - Agreements with holding companies or affiliated interests
  Every utility engaged in any intrastate business in this state must file with the commission a true and correct statement, properly verified, of every outstanding...
• Section 37-4-27 Special or reduced rates
  All utilities may grant free transportation or service, or transportation or service at reduced rates, to such persons as are now or may hereafter be...
• Section 37-4-28 Certificate of convenience and necessity - When required; application; issuance
  No plant, property or facility for the production, transmission, delivery or furnishing of gas, electricity, water or steam shall be constructed, except ordinary extensions of...
• Section 37-4-29 Certificate of convenience and necessity - Time for exercising authority conferred
  Unless exercised within a period designated by the commission, but not exceeding one year from the grant thereof, exclusive of any delay due to the...
• 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...
• Article 2 Property and Franchises.
• Division 1 Sale of Lease in General
• Section 37-4-40 Right to sell or lease property
  The property of a utility, together with its franchises, contracts, business, good will and other assets, may be lawfully sold and conveyed or leased to,...
• Section 37-4-41 Approval by commission - Generally
  In cases other than those covered by Section 37-4-42, the question whether the proposed sale and conveyance or lease is consistent with the interests of...
• Section 37-4-42 Approval by commission - Property located within single municipality
  In cases where the property of the utility proposed to be sold and conveyed or leased lies within, and the franchises and public duties thereof...
• Section 37-4-43 Otherwise legal sales, etc., not affected
  Nothing in this division shall be construed to limit or restrict any right to sell, lease, hypothecate or mortgage any property, or to invalidate any...
• Section 37-4-44 Sale of property in interstate commerce contrary to federal law not authorized
  Nothing contained in this division shall be construed to authorize the sale and conveyance of property employed in the business of commerce among or between...
• Section 37-4-45 Conveyance of water distribution facilities to public authority or corporation by not-for-profit entity without necessity of commission approval
  Any provision of this division to the contrary notwithstanding, any not-for-profit corporation or other not-for-profit entity owning, operating, leasing or controlling any plant, property or...
• Division 2 Purchase by Municipality or Governmental Agency.
• Section 37-4-60 Notice of intention to engage in business
  Whenever any municipal corporation, county improvement authority, power district, federal or other governmental agency, sometimes called "agency" in this division, proposes to engage in the...
• Section 37-4-61 Voluntary sales
  If within 30 days after receipt of such notice the owner shall propose voluntarily to sell and transfer such property to the agency upon terms...
• Section 37-4-62 Forced sales - Application to commission; notice and hearing; order
  If acquisition of the property sought to be acquired by the agency is not consummated under the provisions of Sections 37-4-60 and 37-4-61, the agency,...
• Section 37-4-63 Forced sales - Appeals to circuit court
  Any party shall have the right to appeal from the order of the commission, such appeal to be governed by existing provisions of law relating...
• Section 37-4-64 Forced sales - Time for complying with order; tender of deed; acceptance or rejection
  The owner shall have 30 days after a final determination by the commission or the courts to notify the agency of its acceptance of such...
• Section 37-4-65 Certain systems or projects exempted
  Nothing in this division shall be deemed to require the purchase of or payment of compensation for any existing plant or distribution system within the...
• Article 3 Gas Pipeline Systems.
• Section 37-4-80 Definitions
  For the purposes of this article, the following words and terms shall have the following meanings, unless a different meaning is expressly stated or clearly...
• Section 37-4-81 Compliance with federal minimum safety standards
  All pipeline systems used in this state for the transportation of gas shall be constructed, operated and maintained in such safe manner as at all...
• Section 37-4-82 Powers of commission - Generally
  The commission shall have the right, power and authority: To provide and make certifications, reports and information to the Secretary of the United States Department...
• Section 37-4-83 Powers of commission - Promulgation of rules; requiring records; inspections
  In order to determine whether or not each such pipeline system is operating in compliance with the required safety standards and to enforce such compliance,...
• Section 37-4-84 Powers of commission - Employment of personnel
  The Alabama Public Service Commission shall be authorized to employ, subject to the provisions of the Merit System Act, such inspectors or other qualified employees...
• Section 37-4-85 Powers of commission - Limitations
  Nothing in this article shall be deemed to confer upon the commission any additional power and jurisdiction to supervise or regulate the rates, services, franchises...
• Section 37-4-86 Jurisdiction of circuit court
  Upon petition of the commission, the circuit court in any county in which a violation of this article exists shall have jurisdiction to restrain such...
• Section 37-4-87 Penalties
  (a) Any person who violates any provision of this article or of any regulation issued hereunder shall be subject to a civil penalty not to...
• Section 37-4-88 Safety inspection fees
  (a) Any gas system operated by any investor-owned company, city, county, municipality, or public gas district which comes under the supervision of the commission for...
• Article 3A Hazardous Liquid Pipeline Facilities.
• Section 37-4-90 Definitions
  For the purposes of this article the following words and terms shall have the following meanings unless a different meaning is expressly stated or clearly...
• Section 37-4-91 Operation and maintenance
  All facilities used in this state for the transportation of hazardous liquids and the liquification of natural gas shall be constructed, operated and maintained in...
• Section 37-4-92 Commission - Power and authority
  The commission shall have the right, power and authority: to provide and make certification, reports and information to the Secretary of the United States Department...
• Section 37-4-93 Commission - Power to promulgate rules and regulations
  In order to determine whether or not each such pipeline facility is operating in compliance with the required safety standards and to enforce such compliance,...
• Section 37-4-94 Jurisdiction to restrain violations of article
  Upon petition of the commission, the circuit court in any county in which a violation of this article exists shall have jurisdiction to restrain such...
• Section 37-4-95 Authorization to employ inspectors and other qualified employees
  The Alabama Public Service Commission shall be authorized to employ, subject to the provisions of the Merit System Act, such inspectors or other qualified employees...
• Section 37-4-96 Penalties
  (a) Any person who violates any provision of this article or any regulation issued hereunder shall be subject to a civil penalty not to exceed...
• Section 37-4-97 Limitation on commission's powers
  Nothing in this article shall be deemed to confer upon the commission any additional power or jurisdiction to supervise or regulate the rates, services, franchises,...
• Article 4 Radio Utilities.
• Section 37-4-100 Short title
  This article shall be known, and may be cited, as the "Alabama Radio Utility Act."
• Section 37-4-101 Definitions
  The following words, when used in this article, shall have the following meanings, unless otherwise clearly apparent from the context: (1) COMMISSION. The Public Service...
• Section 37-4-102 When certificate required; rules governing issuance; form of application
  No person shall begin or continue the construction or operation of any radio utility system, or any geographical extension thereof, or acquire ownership or control...
• Section 37-4-103 Hearing upon application for certificate; notice; issuance of certificate; factors considered in determining whether to issue certificate
  (a) Upon the filing of an application for such certificate, the commission shall fix the time and place for a hearing thereon and shall cause...
• Section 37-4-104 Continuation of facilities existing prior to September 28, 1971
  Any person who, on September 28, 1971, either is engaged in the construction or operation of any radio utility system licensed by the Federal Communications...
• Section 37-4-105 Transfer, assignment or encumbrance of certificate
  No such certificate of public convenience and necessity may be transferred, assigned or encumbered unless such transaction is first approved, after hearing, by the commission.
• Section 37-4-106 Merger or consolidation
  No radio utility shall combine, merge or consolidate with, or acquire control of, another organization without first obtaining the approval of the commission, which shall...
• Section 37-4-107 Revocation, suspension or alteration of certificate
  The commission may, after affording the holder an opportunity to be heard, revoke, suspend or alter any such certificate of public convenience and necessity for...
• Section 37-4-108 Powers and duties of commission generally
  (a) The commission shall have the power and jurisdiction to supervise and regulate every radio utility operating within this state and its property, property rights,...
• Section 37-4-109 Rates, charges and classifications for services
  The commission shall prescribe just and reasonable rates, charges and classifications for the services rendered by a radio utility to subscribers, and the tariffs therefor...
• Section 37-4-110 Entry or extension into established service area
  Except as provided in Section 37-4-104, the commission shall not grant a certificate for a proposed radio utility operation, or extension thereof, into an established...
• Section 37-4-111 Article not applicable to certain mobile radio telephone service
  The provisions of this article relate only to "radio utilities" as defined in this article and shall not apply to mobile radio telephone service offered...
• Section 37-4-112 Interconnection with other communications
  Each radio utility holding a certificate from the commission may interconnect its facilities with the communication facilities of any other regulated communication company operating in...
• Section 37-4-113 Construction and maintenance of antennas and towers; right of eminent domain
  Any radio utility operating a radio system under authority of a certificate of public convenience and necessity issued by the Alabama Public Service Commission shall,...
• Section 37-4-114 Appeals
  From any final action or order of the commission in the exercise of the jurisdiction, power and authority conferred upon it by this article, an...
• Section 37-4-115 Violations; injunctions against persons operating without license or certificate
  (a) Any person or the officer, agent or employee of any organization who willfully violates any provision of this article or of any rule, regulation...
• Section 37-4-116 Fees for inspection and supervision; payment
  (a) Each radio utility, as defined in this article, doing business in this state and subject to the control and jurisdiction of the commission with...
• Section 37-4-117 Treatment of utility as part of general system
  For all the purposes of this article, the commission may, in its discretion, deem and treat any radio utility, the property of which is operated...
• Article 5 Condemnation by Electric Utilities.
• Section 37-4-130 Right to condemn
  Every electric public utility corporation organized under the laws of this state, and every such corporation organized under the laws of any other state of...
• Section 37-4-131 Procedure for condemnation
  The procedure for condemnation under Section 37-4-130 shall be in the manner provided for the condemnation of lands and rights-of-way or easements for public use...
• Article 6 Distributed Generation Facilities.
• 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...
• Article 7 Energy Security Act of 2015.
• 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...

Last modified: May 3, 2021