A federal court ruling in a closely watched energy case has left Alabama Power’s controversial solar fees in place, handing a practical win to State regulators while the broader legal fight continues.
The lawsuit was brought by the Greater-Birmingham Alliance to Stop Pollution (GASP) and several Alabama residents, with legal backing from the Southern Environmental Law Center. Plaintiffs argue the fee violates the Public Utility Regulatory Policies Act of 1978 (PURPA) by discouraging small-scale renewable energy.
The case, GASP, Inc., et al. v. Alabama Public Service Commission, was filed in the U.S. District Court for the Middle District of Alabama in 2021. It challenges a policy approved by the Alabama Public Service Commission allowing Alabama Power to charge customers a monthly fee for generating their own electricity through rooftop solar…