A fast-moving proposal to change how the Alabama Public Service Commission is chosen to serve was abruptly pulled from the House calendar Thursday as lawmakers acknowledged uncertainty about its chances in the Senate.
House Bill 392, introduced by Representative Chip Brown, R-Hollinger’s Island, would change the three-member Alabama Public Service Commission from an elected body to one appointed by the governor, beginning with the next terms of office.
The PSC regulates Alabama Power and other utilities across the state.
The bill had been set for consideration in the House, but House Speaker Nathaniel Ledbetter, R-Rainsville, said the House decided to hold the bill rather than risk a stall in the Senate.
“We had the votes in the House. We had enough to pass it,” Ledbetter said. “This got down to the fact that we didn’t have for sure in the Senate.”
Ledbetter framed the proposal as an effort to align Alabama with most other states, noting that only a small number elect public service commissioners.
“Alabama’s one of 10 states that elect public service commissioners, and of those states, those 10 states that elect them have the highest individual rates in the country. So there’s a parallel with that. To me, it wasn’t a hard vote, because it kind of puts us along with everybody else in the country,” said Ledbetter.
He also questioned how familiar many voters are with the PSC.
“I would doubt it’d be hard for anybody in my district to name who’s on the Public Service Commission,” Ledbetter said. “I’ve had people ask me what the PSC was and what it did.”
Ledbetter suggested that, regardless of the bill’s fate, lawmakers may revisit qualifications for commissioners.
“I wouldn’t send a surgeon to work on my car,” he said, arguing that commissioners should have relevant expertise. “I do think, regardless of what happens, there needs to be qualifications.”
Senator Arthur Orr, R-Decatur, said support in the Senate has not coalesced.
“Up here, support is certainly not gelled around it. So I would think right now it’s one big maybe, if that. That’s probably being generous. These things can change,” said Orr.
Orr said senators have begun hearing from constituents recently and that concerns center largely on changing how commissioners are selected.
“Number one, first and foremost, taking away the people’s right to vote potentially on that particular body on those particular positions,” Orr said. “Secondly, I think they see the perception is that the PSC serves as a public watchdog for the public.
“Who are those people going to be if they were to be appointed? How’s that going to work? So I think that autonomy that’s perceived by the public is a pretty strong perception that they have,” said Orr.
Orr added that unless there is “a concrete resolve to pass it,” the Senate is unlikely to take up the legislation.
Two PSC seats are up for election this year. PSC President Cynthia Lee Almond, who replaced Twinkle Cavanaugh in June, will serve through 2028 and is not on the ballot.
Lawmakers on both sides agree that affordability is a central concern. Whether restructuring the PSC is the solution remains an open question as the session continues.
