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 policy of the State of Alabama is to ensure effective, economical, and orderly supply of electric service at retail to customers in and around Tarrant City and to avoid unnecessary duplication of facilities by electric suppliers for the furnishing of such services in that area which would result in waste and in degradation of the environment. To accomplish these objectives, it is necessary and in the public interest to establish, mandate, and implement procedures for determining which electric supplier shall furnish electric service to customers at retail in and around Tarrant City.(b) That certain agreement dated June 8, 1983, by and between Tarrant City and Alabama Power Company, including 13 pages and a map attached as Exhibit 1 to the agreement, which agreement is entitled Agreement Between The City of Tarrant City, Alabama and Alabama Power Company, has been reviewed by the Legislature, determined to be in the public interest, and found to be consistent with the purposes and policies of the State of Alabama. In the area in and around Tarrant City described in such agreement, the State of Alabama hereby orders and mandates that the procedures for elimination and prevention of the duplication of electric distribution facilities set forth in such agreement shall be followed.(c) The provisions of this section are not severable. If any part of this section is declared invalid under the constitution or laws of this state, such declaration shall render invalid all parts which remain.(d) A copy of the agreement referred to in the legislation proposed above is on file and available for inspection in the office of the Clerk of the City of Tarrant City, Alabama.Ala. Code § 45-37A-461 (1975)
Act 83-583, p. 915, §§1-3, 5.