The Alabama Public Service Commission has eliminated requirements for paper copies of electronic filings and retained its 11:59 p.m. electronic submission deadline after public interest organizations objected to a proposed earlier cutoff.
The changes eliminate paper-copy requirements for those participating in commission proceedings. However, the commission postponed a separate request to allow public comments without requiring users to obtain an electronic filing account, citing an upcoming software transition.
The commission began the rulemaking process September 2. Its proposal would have eliminated the requirement that electronic filings be followed by a paper copy and that physical filings include 10 additional copies. It also proposed moving the electronic filing deadline to 5 p.m.
Alabama Power, Energy Alabama, the Southern Environmental Law Center, Spire Alabama and Spire Gulf submitted comments. All supported eliminating the additional paper requirements.
Energy Alabama and the Southern Environmental Law Center challenged the proposed earlier deadline, arguing that it would create a new restriction without an apparent administrative benefit.
The organizations said a 5 p.m. cutoff would particularly affect members of the public and first-time filers who may be unable to submit documents during business hours. They also argued that submissions made shortly before closing and those made at 11:59 p.m. would both be processed the following morning.
The commission disputed part of that reasoning, explaining that its current software requires staff to manually process electronic filings. Under the previous procedure, processing also depended on receipt of the required paper copy.
Nevertheless, the commission concluded there was no adverse effect from keeping the existing deadline.
Under the amended rule, the commission considers a compliant electronic filing received on the day it arrives electronically, provided it is submitted by 11:59 p.m., prevailing Central time. An after-hours filing may not appear as received in the commission’s system until staff process it the following business day.
The commission also agreed with Alabama Power and the public interest organizations that references to “Central Standard Time” could create confusion during daylight saving time. The amended rules instead use “Prevailing Central Time.”
On public commenting, Energy Alabama and the Southern Environmental Law Center asked the commission to adopt a procedure that would not require commenters to obtain a filing system account.
The commission declined to make that change immediately, saying it is preparing to switch software systems in the coming months and intends to revisit the issue after evaluating the new system’s capabilities. The order does not establish a deadline for that review.
During the transition, the commission said it could authorize alternative commenting procedures in individual proceedings.
The order also removes a written 40-megabyte limit on electronic filings, although the commission said that limitation remains a feature of its current software. The commission instructs filers experiencing problems submitting documents larger than 40 megabytes to contact its secretary.
According to the order, the replacement system will not have that size restriction.
The amendments affect Rules 4, 8, 11 and 20 of the commission’s Rules of Practice.
