Lawsuit says Alabama blocking solar power with unfair fees


MONTGOMERY, Ala. — The fees imposed by the Alabama Power company on customers who generate their own electricity with rooftop or on-site solar panels are now the subject of a federal lawsuit against the state’s regulators.

Environmental groups argue that punishing fees are purposely discouraging the adoption of solar power in the sun-rich state.

Alabama Power maintains that the fees are needed to maintain the infrastructure that provides backup power to customers when their solar panels don’t provide enough energy.

The Southern Environmental Law Center and Ragsdale LLC filed the lawsuit on Monday against the Alabama Public Service Commission on behalf four Alabama Power customers who installed solar panels on their properties and the Greater-Birmingham Alliance to Stop Pollution, or GASP.

“We’re asking the court to require the Commission to follow the law so that Alabama Power will stop unfairly taxing private solar investments,” said Keith Johnston, director of SELC’s Alabama office.

“Alabama is being left behind by other Southern states when it comes to solar generation, and the jobs, bill savings and other benefits that come with it,” SELC’s statement said. “These charges are a significant roadblock to our state’s success.”

A telephone message seeking comment was left with a Public Service Commission spokeswoman.

Alabama Power charges a $5.41-per-kilowatt fee, based on the capacity of the home system, on people who use solar panels or other means to generate part of their own electricity. That amounts to a $27 monthly fee on a typical 5-kilowatt system. The average solar panel setup for a home costs about $10,000, according to the law center, and the fees add another $9,000 or so over a system’s 30-year lifespan, dramatically increasing costs and reducing any financial benefit for the homeowner.

The Federal Energy Regulatory Commission rejected the groups’ request to take enforcement action last month against the Public Service Commission.

However, two members of the five-member panel issued a separate statement expressing concern that Alabama regulators may be violating federal policies designed to encourage the development of cogeneration and small power production facilities and to reduce the demand for fossil fuels.

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