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Session Laws, 1976
Volume 734, Page 387   View pdf image
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MARVIN MANDEL, Governor

387

of said officers to prosecute and to assist in the
prosecution of said proceedings. For the enforcement of
this section the said circuit court, or the circuit judge
in vacation, may exercise all the powers now or hereafter
existing under the laws of this State in proceedings for
injunctive relief, including temporary restraining
orders. In any proceedings instituted by the Commission
on its own motion or by petition signed by the Attorney
General or any State's attorney, as herein provided, no
bond shall be required as a condition of the issuance of
any restraining order or injunction,

(f)    Copy of statement as evidence. —In any
proceeding for the enforcement of this section a
certified copy of the statement mentioned in subsection

(a)  [hereby] HEREOF shall be admitted in evidence and
shall be presumed to be prima facie proof of the verity
and accuracy of all statements therein required by the
provisions of said subsection (a) and the burden of proof
shall be upon any defendant in any such proceeding to
rebut said presumption by a clear preponderance of the
evidence.

(g)    Bight to require supply of electric energy
suspended. —During the periods of six and twelve
months respectively as provided in subsections (a) and

(b)  hereof, no person, firm, association or corporation
shall have the right to require any electric utility or
electric light and power company to supply electric
energy within the area or areas indicated upon said maps
within which the filing corporation proposes to operate
and no action shall be brought or maintained in any court
for damages for failure to supply such electric energy
within said periods of six and twelve months respectively
or within a reasonable time thereafter; provided that the
provisions of this section shall not be deemed to apply
to any valid and enforceable contracts in writing for
electric service subsisting at the time of receipt by any
party to such contracts of any notice of filing said maps
and statements provided for in subsection (a) hereof.

(h) Not applicable to furnishing electric energy to
certain enterprises. —This section shall not apply to
the furnishing of electric energy to manufacturing,
processing or industrial enterprises or to buildings
necessary and appropriate to the operation of said
enterprise, including residences, nor to the solicitation
of such electric service, nor to the construction of
through high voltage transmission lines not intended to
serve individual rural customers in the area or areas
shown on said maps; provided that nothing in this section
contained shall be construed as restricting the right of
A filing corporation to serve manufacturing, processing
or industrial enterprises.

[410] 31. Exemption of evidences of indebtedness,
membership certificates and other securities from
registration provisions.

 

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Session Laws, 1976
Volume 734, Page 387   View pdf image
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