Alabama Administrative Code

(1) Each utility shall, without charge, make a test of the accuracy of registration of a meter upon the request of a customer, provided that: (a) The customer does not request such test more frequently than once in 12 months and (b) Any customer requesting a meter test within 12 …

(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 …

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. Notes Ala. Admin. Code r. 770-X-3-.11 Effective Janua…

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 v…

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 ful…

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. Notes Ala. Admin. Code r. 770-X-3-.14 Effective January 1968. Amended October 1988. Filed with LRS February 5, 2013. Filed for…

(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 …

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. Notes Ala. Admin. Code r. 770-X-4-.01 Effective April 1980. Filed with LRS Febr…

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 …

(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 Alaba…

(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…

(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 co…

(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, g…

(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 R…

(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…

(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 …

(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. …

(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 ma…

(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 …

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 a…

(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 extraordina…

(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 p…

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…

(1) The Commission will generally follow the established rules of evidence applicable to civil actions at law and will depart therefrom only when it appears that such departure will preserve the substantial rights of the parties. (2) All testimony except as otherwise directed mus…

(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, rec…

(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 togeth…

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 …

(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 pet…

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 th…

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. Notes Ala. Ad…

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 wri…

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 …

(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, a…

(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 th…

(1) The telephone service rules promulgated herein shall apply to all telephone utilities, including local exchange companies, resellers (local and toll), interexchange carriers, customer-owned, coin-operated telephone service providers, and all providers of telecommunications se…

(1) In the interpretation of these rules, the following definitions shall be used: (a) Access Lines - A circuit directly connecting a central office line with the customer's termination point, including all dial tone lines, basic telephone connections, key system trunks, private …

(1) Location of Records - All records of every telephone utility's operations will be kept within the State or shall be made available to the Commission or its authorized representatives at any time upon request. (2) Retention of Records - All records required by these rules shal…

(1) Meter and Recording Equipment Requirements - Every telephone meter and recording device shall be tested prior to its installation, either by the manufacturer, the telephone utility, or an approved organization equipped for such testing. Such equipment shall be maintained in g…

(1) Rate and Special Charges Information (a) Customer Quotes to Fully Disclose Total Billed Charges. 1. For prospective customers of residential intrastate services (excluding broadband services) and business services for which the Commission retains jurisdiction under the Act, t…

(1) Service may be refused or discontinued for the reasons listed below, in addition to any reasons stated in the General Rules. Unless otherwise stated, the customer shall be notified and allowed a reasonable time in which to comply before service is discontinued. (a) Without no…

(1) The following, in addition to any reasons stated in the General Rules, shall not constitute sufficient cause for denying service. (a) Failure to pay for business service at a different location and a different telephone number shall not constitute sufficient cause for refusal…

Each Telephone utility shall notify the Commission one or more business days before an involuntary disconnection of service to a reseller of its service. Such notification may be by telephone at 334-242-5218, by fax at 334-242-0509, or by courier to Suite 850, 100 North Union Str…

(1) Except as noted herein, communications service shall, at the request of a customer, be temporarily suspended for any period of time up to nine months with a minimum period of one month. Each utility's tariff shall provide a suspension of service rate chargeable during such pe…

(1) (a) Telephone directories shall be published annually under normal conditions listing the name, address, and telephone number of all customers, except public telephones and telephone service unlisted at customer's request and customers who may be accessed by subscribers to Ar…

(1) Directory assistance operators shall have access to records of all telephone numbers (except telephone numbers not listed or published at customer request) in the area for which they are responsible for furnishing directory assistance service. (2) Each telephone utility shall…

(1) Each telephone utility subject to the jurisdiction of the Commission shall maintain a central file available for Commission inspection of all instructions to employees, regulations, rules and forms designed to insure the privacy (and/or maintain the secrecy) of communications…

(1) Tariffs (a) Each telephone utility shall have its tariff on file with the Commission and said tariff shall (a) be in accordance with the rules and regulations governing the filing of tariffs as prescribed by the Commission, and (b) state the rates, charges, classifications, a…

(1) (a) The telephone utility shall notify the Commission prior to the sale or transfer of any telephone system, in whole or in part of such system. (b) This rule does not apply to the sale or transfer of any equipment or material not in actual service, nor to the purchase or sal…

Telephone utilities must investigate all customer-denied long distance telephone calls which are not credited to the customer's account. A record of all customer complaints either oral or in writing, shall be maintained by the telephone utility. All expenses regarding the investi…

(1) Public Pay Telephone Service of Local Exchange Carriers (a) In each exchange, the telephone utility shall provide at least one public pay telephone available to the public at all hours, prominently located and properly maintained and equipped. (b) The telephone utility shall …