If any part of Section 37-14-32, Section 37-14-33 or Section 37-14-36 of this article is declared invalid under the constitution or laws of this state, including invalidity as a result of impairing unconstitutionally the obligations of a municipal franchise, such declaration shall render invalid all parts which remain; provided, however, that any ruling that the provisions of this article impair unconstitutionally the obligations of any contract other than a municipal franchise shall not render invalid the application of the article in all instances not covered by such contract. Notwithstanding such invalidity, action taken by any party in conformity with the provisions of this article shall be considered lawful actions by such party; provided, however, any electric service rendered which would have been illegal or unlawful or violative of any contractual provision absent this article shall be terminated and the facilities shall be removed following any determination of the invalidity of this article. In all other respects, the provisions and applications of this article shall be deemed to be severable and a declaration of invalidity as to any other part or as to any application thereof to any person or circumstance shall not render invalid the parts or applications which remain.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 14 - Service Territories for Electric Suppliers.
Section 37-14-30 - Declaration of Findings and Policy; Relationship to 1984 Act.
Section 37-14-31 - Definitions.
Section 37-14-32 - Electric Service Outside Existing Municipal Limits.
Section 37-14-33 - Retail Electric Service Within Municipalities.
Section 37-14-34 - Resolution of Disputes as to Sales or Purchases of Facilities.
Section 37-14-35 - Applicability of Certain Provisions of Title 37.
Section 37-14-36 - Special Rules for Elimination of Duplication.
Section 37-14-37 - Provision of Retail Electric Service in Violation of Article.
Section 37-14-38 - Validation Procedure; Authorization for Validation of Provisions of Article.
Section 37-14-39 - Effect of Any Ruling of Invalidity.
Section 37-14-40 - Repealer; Actions Taken Pursuant to Inconsistent Provisions.