A judge decides that the public cannot comment on Alabama Power Fuel charges.
Critics claim that the Alabama Public Service Commission's decision to exclude the public from a process that directly impacts their monthly bills by allowing them to vote on the fuel prices passed on to Alabama Power customers was made by a Montgomery County court.
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The "Rate Energy Cost Recovery," or Rate ECR, system used by Alabama Power to recoup its fuel expenditures, including those for coal, natural gas, and electricity that is purchased, is at the heart of the lawsuit. Depending on the state of the market, the charge that shows up on each customer's statement varies over time. Although the commission occasionally modifies the rate, it has not had a formal public hearing on the subject since 2008.
Circuit Judge Brooke Reid rejected an appeal on Monday from Energy Alabama, a nonprofit organization that requested public participation in the rate-setting process. Twice last year, the commission denied that request, stating that there was no ongoing proceeding in which to take part. Judge Reid concurred, noting that Energy Alabama had not demonstrated that its rights had been infringed or that the commission's ruling disregarded the evidence. "Citizens should have a place at the table where their bills are decided."
Public documents show that the commission has changed Rate ECR at least 16 times since 2000. Opponents contend that choices that impact millions of homes throughout the state are not transparent since official proceedings are not held and public discussion is not allowed.
The commission is allegedly disregarding its own regulations, which call for public participation while rate changes are being considered, according to Energy Alabama and its litigation partner, the Southern Environmental Law Center.
According to Christina Tidwell, a senior attorney with the SELC, "Alabama Power consumers will continue to be locked out of the process, whereas other southern states have real public input in fuel cost processes." "Unfortunately, without accountability or transparency, the commission and Alabama Power will keep changing the rates that customers pay."
The commission stated in a statement last fall that there has not been an official proceeding since 2008 and that regular reports and consent orders that have been issued since then do not qualify as a formal docket reopening.
A request for response from a commission spokeswoman was not answered. Alabama Power did not respond either.
Energy Alabama has not yet stated if it plans to file an appeal with a higher court.
