Environmental advocates are taking legal action to gain access to fuel cost negotiations between the Alabama Public Service Commission and Alabama Power, the state’s largest electricity provider.
Energy Alabama, a nonprofit clean energy advocacy group, has appealed to the Montgomery County Circuit Court after the Public Service Commission rejected its requests to intervene in the decision-making process for Alabama Power’s fuel charges.
The legal dispute focuses on the interpretation of the term “proceeding.”
Alabama law permits those affected by commission decisions to participate in “any proceeding.”
However, the commission has twice denied Energy Alabama’s efforts to take part, arguing that fuel cost adjustments do not constitute a “proceeding” under the Alabama code.
Daniel Tait, executive director of Energy Alabama, criticized the lack of public involvement in setting fuel rates, which directly impact customer bills. “The commission adjusts Alabama Power’s fuel prices without public input,” Tait stated. “In other states, advocates can participate in these proceedings and push for reduced rates. We can’t fight for lower rates in Alabama without a seat at the table.”
According to the Southern Environmental Law Center, representing Energy Alabama, there has been no official proceeding on fuel cost rates since 2008, though the rate has been adjusted 18 times without public participation.
“Alabamians pay some of the highest energy bills in the nation, which include fuel costs,” said Christina Tidwell, senior attorney at SELC. “The commission excludes Alabama Power customers from participating in the decision-making process.”
In Alabama, instead of formal hearings, the utility submits monthly reports on its use of coal, natural gas, and nuclear material. The commission adjusts the fuel rate according to the utility’s expenditures and collections.
Alabama Power does not profit from fuel costs, unlike other bill components. Consumer advocates criticize the commission for lacking transparency and accountability, as Alabama has the highest residential electric rates in the Southeast, according to the U.S. Energy Information Administration.
The appeal was filed Tuesday night.
A commission spokesman stated it does not comment on ongoing or potential litigation. Tidwell emphasized the importance of following Alabama law, which ensures public participation rights. “These rules have been in place for decades,” Tidwell said. “The commission needs to adhere to them.”
Original Story at insideclimatenews.org