Alabama utility elections drastically changed. What's next for voters?

Eric Simonsson profile image Eric Simonsson Published: Last edited: Read: 2 min
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Sheila McNeil, a Democratic candidate for Alabama's Public Service Commission (PSC), is suing the state over a new law passed just weeks before the general election. This legislation significantly alters the PSC, expanding it from three to seven seats and making it much harder to challenge utility rates set by companies like Alabama Power. The changes, enacted amidst public concern over soaring energy bills and after similar shifts in neighboring Georgia, are seen by critics as an attempt to diminish the commission's power. McNeil argues these last-minute reforms undermine voters and candidates, impacting the future of fair energy oversight.

Sheila McNeil was prepared for her run for the Alabama Public Service Commission (PSC), an important body that regulates utility companies. But then, state lawmakers pushed through a new measure that dramatically changed how the PSC works. This "reform" bill came after Georgia saw Democrats win utility regulation seats partly due to voter frustration with high electricity prices.

The new law expands the PSC from three to seven members. Crucially, it creates a new "secretary of energy" position, appointed by the governor, who largely controls the commission's agenda. This means it would now take a supermajority of five commissioners, and the secretary's approval, just to start a rate case – a common process in other states to formally check utility prices. Alabama hasn't had one since the 1980s, even as Alabama Power's profits doubled.

McNeil's lawsuit argues that these eleventh-hour changes are unconstitutional. Her legal team states that changing the election rules mid-campaign violates the 14th Amendment, which ensures equal protection. They also claim it dilutes the voting power of minority groups by shifting from statewide elections to district-based seats, especially since no Black Alabamian has ever served on the PSC. Historically, this commission has seen figures like infamous segregationist police chief Bull Connor among its members.

Another Democratic candidate, John Northrop, even dropped out of the race, stating the new job was not what he signed up for. Environmental advocates are also speaking out. Daniel Tait of Energy Alabama welcomed the lawsuit, saying the challenged provisions "would hand two officials in the executive branch... effective control over the body that sets Alabama Power’s rates." He emphasized that Alabamians, struggling with high bills, deserve better than a system that could easily lead to utilities having too much influence over their regulators. Fair and transparent utility regulation is key to ensuring affordable energy for everyone and fostering a move towards cleaner, more sustainable energy choices.

McNeil's lawyers are asking a judge to halt the new law's implementation before the November elections, where four new interim commissioners are set to be appointed by July 15 if the law proceeds. The outcome of this legal challenge will shape who controls Alabama’s energy future and how much power citizens have over their electric bills.