§ 37-14-6 — Resolution of Disputes Regarding Purchases of Facilities, Etc

Alabama § 37-14-6

• Jurisdiction: Alabama
• Title 37: Public Utilities and Public Transportation
• Ch. 14: Service Territories for Electric Suppliers
• Art. 1: 1984 Act

Text

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 thereafter.
If a petition is filed with the appropriate circuit court, the sale of the facilities shall be closed within 90 days from the date of the issuance of a final order of the circuit court (or from the date of the decision of an appellate court if such matter is appealed). If the closing is not completed within such 90 days due to the failure of the primary electric supplier to close for any reason, the primary electric supplier’s exercise of the option shall be void and it shall thereafter have no further right to purchase the distribution facilities covered by the notice.

Legislative History

(Acts 1984, No. 84-206, p. 314, §5; Acts 1984, 2nd Ex. Sess., No. 85-45, p. 68, §1.)