reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-3 - SPECIAL ELECTRIC RULES › Section 770-X-3-.10 - Voltage Limits

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Standard Nominal Voltages
- Each utility shall adopt,
					and file with the Commission, standard nominal voltages for each of the several
					areas into which its distribution system or systems may be divided.
(3)
Secondary
					Voltages
- For all retail service except power service, the
					variations of voltage shall be no more than six percent (6%) above or below the
					standard voltage at any time. For retail power service, the variation of
					voltage shall be no more than ten percent (10%) above or below the standard
					voltage at any time. Retail power service shall be those industrial customers
					that have largely motor load. Some examples are saw mills, rock crushers and
					grist mills (not an all inclusive list).
(3)
Phase Voltages
-
					Where three-phase service is provided, the utility shall exercise reasonable
					care to assure that the phase voltages are in balance.
(4)
Primary Voltages
(a) For service rendered principally for
					industrial or power purposes, the voltage variation shall not exceed six
					percent (6%) above or six percent (6%) below the standard nominal voltages as
					filed in the utility's rules.
(b)
					For service rendered to public utilities and others for resale, the nominal
					voltage shall be as mutually agreed upon by the parties concerned. The
					allowable variations shall not exceed six percent (6%) above or six percent
					(6%) below the agreed upon nominal voltage without the express approval of the
					Commission.
(c) The limitations in
					(1) and (2) do not apply to special contracts in which the customer
					specifically agrees to accept service with unregulated voltage.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-3 - SPECIAL ELECTRIC RULES › Section 770-X-3-.11 - Standard Frequency

Current through Register Vol. 42, No. 9, June 28, 2024
The standard frequency for alternating current distribution
						systems shall be 60 hertz. The frequency shall be maintained within limits
						which will permit the satisfactory operations of customer's clocks connected to
						the system.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-32,
							37-1-38,
							37-1-52.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-3 - SPECIAL ELECTRIC RULES › Section 770-X-3-.12 - Voltage Studies And Records

Current through Register Vol. 42, No. 9, June 28, 2024
Each utility shall make a sufficient number of voltage studies
						to indicate that the character of service furnished is in compliance with the
						voltage requirements outlined by the Commission. Such voltage studies may be
						accomplished through any combination of the use of recording volt-meters,
						computerized programs designed to calculate system voltage conditions, and/or
						any other generally accepted utility practice which will ensure actual voltage
						records. All voltage study records shall be available for inspection by the
						Commission, or anyone authorized by the Commission, for a period of at least
						one year.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-32,
							37-1-52.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-3 - SPECIAL ELECTRIC RULES › Section 770-X-3-.13 - Station Instruments And Meters

Current through Register Vol. 42, No. 9, June 28, 2024
Each utility shall install such instruments and meters as may
						be necessary to obtain a daily record of the load and a monthly record of the
						output of its plants. Each utility purchasing electrical energy shall install
						such instruments and meters as may be necessary to furnish full information as
						to the monthly purchases, unless the utility supplying the energy has already
						installed such instruments and meters from which the necessary information can
						be obtained.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-32,
							37-1-38,
							37-1-52.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-3 - SPECIAL ELECTRIC RULES › Section 770-X-3-.14 - Interstate Operation

Current through Register Vol. 42, No. 9, June 28, 2024
Where an electric utility transmits energy either into or out
						of the state, the company shall accurately meter and record the interchange of
						such energy.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-32,
							37-1-38,
							37-1-52.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-3 - SPECIAL ELECTRIC RULES › Section 770-X-3-.15 - Billing Inaccuracies

Current through Register Vol. 42, No. 9, June 28, 2024
(1) On
					request, the utility will test any meter through which the customer is
					receiving service. If the test shows such meter to be accurate within two
					percent (2%) plus or minus, the cost of such test shall be borne by the
					customer when the meter has been tested within the past twelve (12) months;
					otherwise, it shall be at the expense of the utility.
(2) Adjustments for billing inaccuracies
					shall be limited to the most recent thirty-six (36) month period and shall be
					made as follows:
(a) Whenever a meter in
					service is found, upon test by the utility or the Commission, to be in excess
					of two percent (2%) fast or slow as determined by the average error method or
					any other method prescribed by the Commission or whenever any other equipment
					affecting the metering or billing of the customer's service fails to perform
					properly:
1. If the date the meter first
					became inaccurate or the equipment failed to perform can be definitely
					ascertained, an adjustment shall be made for the incorrect amount charged since
					said date in the most recent thirty-six (36) month period, over or under what
					the billing would have been had the meter registered with one hundred percent
					(100%) accuracy.
2. Otherwise,
					adjustments shall be calculated by adjusting the customer's metered consumption
					for the most recent thirty-six (36) month period by the application of the
					percentage of error related to one hundred percent (100%) accuracy as
					determined by a current test or use of the most reliable available information.
					The rates effective during said thirty-six (36) month period shall be applied
					to this adjusted consumption and the difference between the amount so obtained
					and the actual billing shall be adjusted to the customer.
3. Refunds shall be made either as a credit
					to the customer's next monthly bill or in a lump sum payment within forty-five
					(45) days of confirmation of inaccurate billing, such method of refund to be
					mutually agreed upon by the utility and the customer.
4. In the event the inaccuracy results in the
					customer having underpaid for utility service, no back-billing shall be allowed
					without prior written notification to the customer by the utility. Such notice
					shall inform that the customer shall be given the option of repayment of the
					amount due in monthly installments equal to the period of said under-billing,
					or by any other mutually agreeable arrangement, except in cases of meter or
					equipment tampering and/or unauthorized use.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.01 - Scope And Repealer

Current through Register Vol. 42, No. 9, June 28, 2024
These rules shall govern all proceedings before the Alabama
						Public Service Commission, except rulemaking proceedings, and shall supersede
						any and all rules of practice previously adopted or
						effective.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§
										37-1-38.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.02 - Rulemaking Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
In the event a rulemaking proceeding is instituted by the
						Commission to issue a policy statement regarding matters within its
						jurisdiction or to issue, interpret, revise, amend, or repeal rules,
						resolutions or practices adopted by the Commission, the procedure to be
						employed for the taking of evidence or the receipt of views and comments will
						be designated by the Commission.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§3 7-1-32, 37-1-38.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Unless the
					context otherwise requires, in these rules:
(a) The term "person" or "party" includes an
					individual, firm, partnership, association, corporation, receiver, trustee, or
					group, and includes the plural as well as the singular.
(b) The term "Commission" means the Alabama
					Public Service Commission.
(c) The
					term "Commissioner" means one of the members of the Alabama Public Service
					Commission.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.04 - Filing And Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
					Filing
(a) Filing is accomplished by delivery
					of a document to the Secretary of the Commission, or an employee of his office,
					in person, or by United States Mail, Postage Prepaid, addressed to the
					Commission at P.O. Box 304260, Montgomery, Alabama, 36130, or by courier to RSA
					Union Building, 100 North Union Street, Room 850, Montgomery, Alabama, 36104,
					except that the Commission or the presiding Commissioner or Administrative Law
					Judge may permit a document to be filed with them during a hearing. Filing is
					effective only upon receipt by the Commission.
(b) Unless directed otherwise in these rules,
					an original and ten (10) copies of all filings, including petitions,
					applications, prepared testimony and exhibits by anyone in any proceeding,
					shall be filed in the Secretary's Office as stated in 4(A)(1), supra, and show
					service thereof upon each party, by name and address, to the
					proceeding.
(c) Where the
					circumstances so dictate, a tentative schedule for all parties will be set for
					the pre-filing of testimony and exhibits. Such schedules will, however, be
					subject to change by the Commission, or the presiding Commissioner or
					Administrative Law Judge.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.05 - Representation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person or
					party may appear before the Commission on his, her, or its own behalf in any
					matter pending before the Commission. Any member of a partnership which is
					party to any proceeding may appear for the partnership and any bona fide
					officer or full-time employee of a corporation, association, or of an
					individual may appear for such corporation, association or
					individual.
(2) Any person or party
					not represented as set out in section (A) immediately above must be represented
					in matters pending before the Commission by an attorney or counselor at law who
					is a licensed member in good standing of the Alabama State Bar. A person or
					party may be represented before the Commission pro hac vice by an attorney or
					counselor at law who is not a licensed member in good standing of the Alabama
					State Bar (hereinafter called a foreign attorney) provided said foreign
					attorney is: currently a member in good standing of the bar of another state,
					the District of Columbia, or other United States jurisdictions; is familiar
					with the ethics, principles, practices, customs and usages of the legal
					profession in Alabama; and otherwise complies with all requirements of Rule VII
					of the Rules Governing Admission to the Alabama State Bar including, but not
					limited to, the association of local counsel and the submission of a verified
					application in the form prescribed. The Commission or the presiding
					Commissioner or Administrative Law Judge shall enter an order granting or
					denying all such pro hac vice applications submitted by foreign
					attorneys.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§3 7-1-38, 37-1-88.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.06 - Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application
					forms for parties seeking authority to operate as a motor carrier, radio common
					carrier, reseller, interexchange carrier, alternate operator service provider,
					call aggregator, shared tenant service provider or COCOT under Title 37,
Code of Ala. 1975,
as amended, generally have been
					prescribed or approved by the Commission and will be furnished to interested
					parties upon request, and such forms contain instructions for filing such
					applications. They are, therefore, not set forth herein.
(2) Otherwise, no specific form is required
					or prescribed, but upon application, the Commission will, when it can
					reasonably do so, furnish any party copies of filings in previous, similar
					cases. Every application, complaint, answer, pleading, or petition must be in
					writing and conform with the provisions of Title 37,
Code of Ala.
					1975
, and the General Orders and/or rules of the Commission
					concerning the authority requested or the relief desired.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§3 7-1-32, 37-1-38.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.07 - Sessions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The offices of
					the Commission, 100 North Union Street, Montgomery, Alabama, 36104, will be
					open for the transaction of business each weekday, except holidays and
					Saturdays and Sundays, from 8 a.m. to 5 p.m.
(2) Hearings before the Commission will be
					held in the Main Hearing Room, 9th Floor, Room 900
					at 100 North Union Street, Montgomery, Alabama, 36104.
(3) Special hearings of the Commission will
					be held at other places and times at the discretion of the Commission. Hearings
					before individual Commissioners or Administrative Law Judges will be held as
					the Commission may direct.
(4) The
					Commission shall, in writing, set a time certain for all hearings, giving
					proper notice thereof to all known parties.
(5) All hearings before the Commission or a
					member thereof, or an Administrative Law Judge shall be open to the
					public.
(6) Contemptuous conduct by
					any person appearing at a hearing is ground for his exclusion from the hearing
					by the Commission or the presiding Commissioner or Administrative Law
					Judge.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-8,
							37-1-38,
							37-1-63,
							37-1-85,
							37-1-86,
							37-1-89,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.08 - Parties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The parties to
					proceedings before the Commission will be known as complainants, defendants,
					intervenors, protestants, respondents, applicants, and petitioners according to
					the nature of the proceeding and the relationship thereto. Any individual may
					appear for himself and any member of a partnership which is a party to any
					proceeding may appear for the partnership. A bona fide officer or a full-time
					employee of a corporation, association, or an individual may appear for such
					corporation, association, or individual. A party can be heard in person or by
					its attorney of record. Representatives of the Commission's staff or persons
					appearing at the request of the Commission are entitled to appear in any
					proceeding before the Commission without having been designated as one of the
					above-mentioned parties.
(2)
(a) In complaint cases, the party who
					complains to the Commission of anything done or omitted to be done in violation
					of law, orders, or rules or regulations of the Commission is styled the
					complainant. The party against whom the complaint is made is styled the
					defendant. Two or more complainants may join in one complaint if the respective
					causes of action are against the same defendant or defendants and involve
					substantially the same alleged violation and a like state of facts.
(b) If complaint is made in respect of
					through transportation by continuous carriage or shipment, all transportation
					companies, to which the law applies, participating therein shall be made
					defendants.
(c) If complaint is
					made of classification ratings or provisions, rates, fares, charges,
					regulations, practices, or services of more than one transportation company,
					motor carrier or utility, all transportation companies, motor carriers or
					utilities against which an order is sought shall be made defendants.
(d) The receiver or trustee in charge of the
					affairs or business of a transportation company or utility shall be made a
					defendant in any complaint made against it.
(e) In investigation proceedings instituted
					by the Commission upon its own motion, the parties designated therein are
					styled respondents; and those on whose behalf the investigation proceedings are
					instituted are styled protestants.
(f) In applications for relief from any
					provisions of law, orders, rules or regulations of the Commission, or for
					operating authority, parties on whose behalf the application is made including
					the transferor and the transferee in a transfer application are styled
					applicants.
(g) Others seeking
					relief or the exercise of the Commission's authority are styled
					petitioners.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.09 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) Complaints may be either informal (see
					Rule 9 (B) below) or formal. Formal complaints shall be in writing and contain
					the names of all parties Complainant and Defendant in full and the address of
					each.
(b) Formal complaints shall
					be so drawn so as to fully and completely advise the Defendant or the
					Defendants and the Commission wherein the provision of the law, rules or
					regulations have been or will be violated, The complaint shall also state the
					relief sought.
(c) Each formal
					complaint and answer thereto, must be accompanied by copies in sufficient
					numbers to enable the Commission to serve one (1) copy upon each Defendant and
					retain ten (10) copies for use of the Commission and its staff.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.10 - Applications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applications
					for operating authority or an amendment or transfer of operating authority
					under the Alabama Motor Carrier Act are perfected by filing the appropriate
					form, available from the Commission, in duplicate, complete with the requested
					appendices and the required fee. Each application should clearly state the
					commodity description sought and the geographic area to be served by
					origination and destination points, territory or routes. Contract carrier
					applications must be accompanied by one or more fully executed contract(s).
					Applications thus filed will be assigned for hearing on the next available
					monthly docket. The application filing deadline for each month's docket is
					shown on the previous month's docket, and is usually the last Friday of the
					month. Motor carrier applications are normally heard the last week of each
					month except July and December.
(2)
					If the use of prepared statements is desired by any party, such prepared
					statements, to be submitted as part or all of the testimony of any witness in a
					motor carrier hearing, will be forwarded at least 48 hours (two working days)
					prior to the hearing to the opposing party's attorney or representative and
					prefiled with this Commission within the same 48-hour period unless a schedule
					setting more specific due dates is proposed by the Commission or presiding
					Commissioner or Administrative Law Judge.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§
										37-1-38.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.11 - Pleading And Answers

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
					Each person against whom a complaint is directed must plead or answer at least
					five days prior to the date set for hearing, but no later than 30 days from the
					filing of the complaint. All answers must admit or deny the truth of all
					material allegations of the complaint and may set forth any additional facts or
					matters material to the issue or in bar or abatement of the proceeding.
					Averments not denied or confessed and avoided shall be taken as admitted. If
					the person is without knowledge, he shall so state and such statements shall
					operate as a denial. If the person shall make satisfaction to the complainant
					before the cause comes on for hearing or before same is finally disposed of by
					the Commission, he shall obtain from the complainant a written acknowledgment
					of such satisfaction setting forth the terms and conditions thereof and file
					the same with the Commission.
(2)
					Where more than one person is involved in a complaint, they may make joint
					answers thereto.
(3) If a defendant
					in a complaint case seeks affirmative relief, a counterclaim may be
					filed.
(4) The original answer,
					counterclaim, or other pleading, with ten (10) copies, must be filed with the
					Commission, 100 North Union Street, Montgomery, Alabama, 36104, and at the same
					time, a copy of said answer to pleading, or a counterclaim shall be served by
					the defendant making such answer, counterclaim, or pleading by U.S. Mail,
					Postage Prepaid, upon each complainant or his attorney of record. The defendant
					or his attorney of record shall certify to the Commission that said service has
					been made.
(5) All pleadings,
					answers and counterclaims must be in writing signed by the party or his
					attorney of record.
(6) The
					Commission, or the presiding Commissioner or Administrative Law Judge shall
					entertain all motions and pleadings made or filed in any proceeding which are
					not specifically covered by these rules as may in their or its discretion be
					deemed proper, except an Administrative Law Judge cannot grant a motion to
					dismiss any proceeding. All such motions shall be in writing and shall set
					forth the relief sought and shall be served as any other pleading or answer,
					except those offered during a hearing.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.12 - Amendments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Amendments to
					any complaint, application, petition, pleading or answer will be allowed or
					refused by the Commission or the presiding Commissioner or Administrative Law
					Judge at their discretion and upon such terms as they may impose.
(2) All amendments shall be in writing on a
					separate piece of paper and shall be filed with the Commission.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.13 - Reparation Statements

Current through Register Vol. 42, No. 9, June 28, 2024
When the Commission finds that reparation is due, but that the
						exact amount cannot be ascertained upon the record before it, the complainant
						or petitioner shall prepare a statement, showing details of the shipment on
						which reparation is claimed. The statement should not include any shipment not
						covered by the Commission's findings, or any shipment on which the complaint or
						petition was not filed with the Commission within the statutory period. The
						statement must show that a copy thereof has been submitted to the defendant or
						defendants, respondent or respondents affected for verification. When such
						statement has been properly verified the Commission will consider the entry of
						an order for reparation.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-2-19.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.14 - Extensions Of Time

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
					Postponements, continuances and extensions of time may be granted upon
					application of any party to a proceeding at the discretion of the Commission.
					However, upon the third such application by the applicant the proceeding shall
					be dismissed, except when made under extraordinary circumstances, such
					circumstances to be determined by the Commission.
(a) Any party requesting postponement or
					dismissal without allowance of sufficient time for notification of the court
					reporter assigned to the hearing shall be responsible for said reporter's
					appearance fee.
(b) Applications
					for extension of time should be made in writing no later than 48 hours before
					the time set for hearing or the deadline for filing pleadings, exceptions, or
					replies in order to properly notify all concerned parties. Such applications
					should specify therein the requested extension date.
(c) The failure of an applicant, petitioner
					or complainant to appear at a hearing will result in dismissal of the
					complaint, application or petition unless good cause is shown.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.15 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In any pending
					matter, the Commission or the presiding Commissioner or the Administrative Law
					Judge may, in their discretion, conduct a prehearing conference to consider any
					matters that might aid in the disposition of the proceeding.
(2) At hearings on formal complaints or
					petitions, the complainant or petitioner, as the case may be, shall open and
					close. At hearings on applications for any relief under the law, the applicant
					shall open and close. In hearings of several proceedings upon a consolidated
					record, the Commission or presiding Commissioner or Administrative Law Judge
					shall designate who shall open and close. At hearings under citations issued by
					the Commission, upon its own motion, respondent shall open and close.
					Intervenors shall follow the party or parties in whose behalf the intervention
					is made, and where the intervention is not in support of either original party,
					the Commission or presiding Commissioner or Administrative Law Judge shall
					designate at what stage such intervenors shall be heard.
(3) Witnesses shall be sworn and examined
					orally before the Commission or presiding Commissioner or Administrative Law
					Judge.
(4) Depositions may be taken
					in the manner prescribed by law and made a part of the record.
(5) Applicant, complainant or petitioner
					must, except as otherwise provided by law, establish the facts alleged by him
					as the basis for the relief sought, unless the party against which the
					complaint or petition is directed admits the same. All facts alleged in answers
					or other pleadings must be proved by the party making such answers unless
					admitted by the complainants or petitioners. In case of failure to plead or
					answer in any proceeding upon complaint or petition, the Commission may take
					such proof of the facts as may be deemed proper, and make such order thereon as
					the facts and circumstances of the case require.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.16 - Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
Requests for discovery shall be sent to the party from whom
						discovery is requested and, simultaneously, a copy of the same shall be
						forwarded to the Commission. All requests shall be made within a reasonable
						period of time from the filing of testimony and a reasonable time before the
						hearing. Discovery will not be compelled in motor carrier application
						proceedings.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.18 - Witnesses And Subpoenas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
					Commissioner or any Administrative Law Judge appointed by the Commission may
					require the attendance of witnesses or require any person, firm or corporation
					subject to its jurisdiction to produce at such reasonable time and place to be
					designated within the State, books, records, documents or accounts kept by such
					persons, firms or corporations either within or without the State of Alabama.
					Subpoenas for the attendance of witnesses or for the production of books,
					records, documents, or accounts (unless directed to issue by the Commission or
					the presiding Commissioner or Administrative Law Judge thereof ex mero motu)
					will only be issued upon application in writing, and when it is sought to
					compel witnesses, that are not parties to the proceedings, to produce such
					documentary evidence, the application must be sworn to and must specify as
					nearly as may be the books, records, documents, or accounts desired, and that
					the same are in possession of witness or under his control, and that they
					contain evidence material to the issue, in the belief of the
					Applicant.
(2) A witness who is
					summoned and responds thereto is entitled to the same fee, including mileage,
					on the same basis as witnesses in Civil Suits in Courts of Record of Alabama,
					such fee to be paid by the party at whose instance the testimony is taken at
					the time the subpoena is served.
(3) In case of failure to comply with a
					subpoena or order directing discovery, the Commission may invoke the aid of any
					appropriate court of this state to require compliance, and the Commission may
					issue such orders as are just.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-1-91,
							37-1-92,
							37-1-93.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.19 - Briefs And Oral Arguments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Briefs or memoranda shall be filed at the
					discretion of the parties or when requested by the Commission or the presiding
					Commissioner or Administrative Law Judge. Briefs must be printed or typewritten
					and should include a statement of fact, proposition or points of law together
					with the authorities relied on, an argument of the proposition or points of law
					and requests for specific findings of facts.
(2) Exhibits should not be reproduced in a
					brief, but may, if desired, be reproduced in an appendix to the brief. Notice
					of intention of filing briefs shall be given before the hearing closes. When
					the briefs are filed with the Commission they should be accompanied by
					certificate of service on opposite parties of record.
(3) Oral arguments before the Commission may
					be granted at the discretion of the Commission, or the presiding Commissioner
					or the Administrative Law Judge upon the request of the parties made before or
					at the close of the hearing in any proceeding.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.20 - Filing Exceptions To Reports Of Commissioners Or Administrative Law Judges

Current through Register Vol. 42, No. 9, June 28, 2024
When a report and recommended order is served on the parties to
						motor carrier proceedings pursuant to Section
						37-3-9,
Code of Ala. 1975,
the due date for exceptions shall
						be twenty (20) days from the date of service shown on such report and
						recommended order. Exceptions shall be in writing and set forth specifically
						any alleged errors in fact or in law or any erroneous conclusions therefore.
						Replies to such exceptions may be filed by any interested party within twenty
						(20) days from the filing of the exceptions. The Commission or the presiding
						Commissioner or Administrative Law Judge, at their discretion, may extend the
						due date for exceptions and replies to exceptions, provided the request for
						such an extension is made in accordance with Rule 14 herein. The original and
						four (4) copies of all exceptions and replies shall be filed with the
						Commission.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-3-9.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.21 - Applications For Reconsideration, Rehearing Or Modifications Of Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applications
					for rehearing or reconsideration must be made by petition, stating specifically
					the grounds relied upon, filed with the Commission and served upon all parties
					or their attorneys of record who appeared at the hearing, or oral argument if
					had, or on brief. Such petitions must be accompanied by certificates of
					service, either by United States Mail or in person, on the other parties of
					record. If any such application is based upon matters of law, the Applicant
					must state fully the legal propositions involved and cite the authorities
					therefore. If new evidence is desired to be offered upon a rehearing, the
					nature and purpose of the evidence must be briefly stated, and it must not
					appear to be merely cumulative. If an application seeks the modification of an
					order of the Commission, it must show in what particulars a modification is
					desired. The Commission will allow ten (10) days time from the date the
					application is filed with the Commission to other parties of record in which to
					file an answer in writing to such application.
(2) After the expiration of ten (10) days,
					the Commission will give consideration to such applications and any answers
					thereto that may be filed, and will make such order or orders as appear to be
					warranted; but if the Commission finds that a hearing for the introduction of
					additional testimony is justified, it will set the matter down for such
					purpose, giving notice thereof to the parties of record. After such hearing the
					Commission will give consideration to the record in the light of such
					additional testimony and render its decision and order thereon.
(3) All applications for rehearing or
					reconsideration must be filed with the Commission within thirty (30) days from
					the date of the final action on the matter for which rehearing or
					reconsideration is sought, unless an extension is granted by the
					Commission.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.22 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may, upon petition by any party substantially
						affected, issue a declaratory ruling or order with respect to the jurisdiction
						of the Commission, the applicability to any person, property or state of facts
						of any order or rule of the Commission, or with respect to the meaning and
						scope of any order or rule of the Commission. Such petitions shall be in
						writing and shall state facts sufficient to show that petitioner is
						substantially affected by such order or rule. Petitions shall be filed with the
						Commission in accordance with Rule 4, supra. Upon receipt of such a petition,
						the Commission may set a date and time for the taking of oral argument or
						written comments.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.23 - Transcripts Of Testimony

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission does not furnish a copy of the transcript of
						testimony to any party in any proceeding, but copies may be obtained by any
						party of record upon application to the official reporters of the Commission,
						and the payment of the established charge therefore.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-86,
							37-1-89,
							37-1-102,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.24 - Corrections Of Transcripts

Current through Register Vol. 42, No. 9, June 28, 2024
Any party to any formal proceeding before the Commission who
						detects a material error in the written transcript of testimony, and desires
						such error to be corrected, may file with the Commission, in writing, a
						detailed proposed correction of such error, serving a copy of such writing on
						all other parties to the proceeding. Such proposed correction must be filed
						with the Commission before the expiration of the time for certifying the record
						to the Court in cases where an appeal is taken of the final action in the
						proceedings involved, and within sixty (60) days from the date of the final
						order in the proceeding involved in all other cases, unless otherwise ordered
						by the Commission. Upon receipt of any such proposed correction, the Secretary
						of the Commission will forthwith serve a copy thereof upon the official
						reporter who prepared such transcript. Within ten (10) days after the filing of
						such proposed correction, any other interested party may file, in writing, a
						reply in duplicate giving his reasons why such correction should not be made.
						If no such reply is made within the time prescribed, then and in that event the
						proposed correction will be considered proper and the transcript will be
						considered as having been corrected accordingly. If, on the other hand, within
						the time prescribed one of the parties does file such a reply, then and in that
						event the Administrative Law Judge or Commissioner presiding during the taking
						of the testimony in the proceeding in question shall decide whether or not such
						proposed correction will be allowed and shall make his decision known in
						writing to all the parties of record in the proceeding in question. Any such
						ruling made by the presiding Administrative Law Judge or Commissioner shall be
						without prejudice to any party taking issue with such ruling in any appeal of
						the final action in the proceeding involved. This rule and any action taken
						there under shall be without prejudice to corrections in the Appeals Court
						under such conditions as may be prescribed by the court. This rule shall not be
						used to change in any respect any testimony offered at the hearing, but is
						solely for the purpose of correcting material errors where such errors
						exist.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-3-28.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.25 - Ex Parte Communications

Current through Register Vol. 42, No. 9, June 28, 2024
Parties or their representatives in a contested issue or
						proceeding which has been the subject of a formal public and open hearing or in
						a proceeding which has been set for hearing shall not communicate, directly or
						indirectly, in connection with any issue of fact or law in that contested case,
						issue or proceeding with any Commissioner, Administrative Law Judge or other
						individual assigned to render a proposed order or final decision or to make
						findings of fact and conclusions of law in that contested case, issue or
						proceeding except upon notice and opportunity for all parties to participate
						and none of the Commissioners or Administrative Law Judges will allow ex parte
						argument to be made concerning such case, issue or
						proceeding.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§
										37-1-38.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.26 - Monthly Commission Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Monthly business meetings of the
					Commission are normally held the first Tuesday of each month and at other times
					as may be necessary, unless such Monday constitutes a holiday. All matters
					pending before the Commission, which are ripe for decision or discussion at
					that time, are brought before the Commissioners each month. The Commission or
					any Commissioner may introduce matters on its or their own motion and each
					staff division of the Commission may present any matter appropriate for timely
					review and/or decision. (Filings or matters for disposition received less than
					two weeks before a Commission meeting may be held for staff review until the
					next Commission meeting.) Arguments or evidence will not be received from a
					party or the public at this time. Unless specifically directed and properly
					noticed otherwise, such business meetings are held at the offices of the
					Commission at the RSA Union Building, 100 North Union Street, Montgomery,
					Alabama, 36104, and are open to the public.
(2) If a utility files a matter less than two
					weeks before a scheduled Commission meeting, for consideration at that meeting,
					the utility shall certify in writing that it has physically delivered a copy of
					said filing to the Attorney General's office the same day of filing at the
					Commission. Urgent matters may be filed no less than five (5) business days
					before a scheduled Commission meeting. Any responsive filing of the Attorney
					General's office shall be made at least three (3) business days before the
					Commission meeting, and the Attorney General's office shall certify in writing
					that it has physically delivered a copy of said filing to the utility.
"Physically delivered a copy," as used in this subsection,
						includes delivery by facsimile transmission.
Author: Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-8,
							37-1-38.
Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.27 - Request for Documents

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
					Most of the books, records, studies, reports and other documents of the
					Commission are public record, and may be reviewed at Commission offices between
					8:00 a.m. and 5:00 p.m., except Saturdays, Sundays, and holidays. Records
					located in the State Archives must be viewed in that location. All requests for
					documents must be reasonable and are subject to the demands of other business
					Commission employees.
(2)
					Documents, including internal memoranda and reports prepared by or in the
					possession of the Commission's employees as a result of an investigation,
					examination or inspection, are not public record and, therefore, are protected
					by Section 37-1-13,
Code,
Section 37-3-25(d),
Code
, or by other provisions of law. These documents
					will be released only as authorized in writing by the Commission or a judge of
					a court with appropriate jurisdiction.
(3) Employees of the Commission are
					authorized to release protected documents to representatives of the Attorney
					General, pursuant to Section 37-1-16, Code, upon presentment of a completed
					Form 27.
(4) Request for Commission
					documents or information that shows a copy has been served on the affected
					utility (s). Information relating to an active proceeding must be procured
					through the regular processes for hearings. Utility data that is subject to a
					proprietary agreement between the Commission and a utility shall be retrieved
					directly from the utility by the Attorney General.
(5) A person dissatisfied with the response
					to a request for access to Commission documents should contact the Legal
					Division of the Commission's staff for assistance.
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Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975
, §§
										37-1-13, 37-1-38, 37-1-62.