Alabama’s Utility Regulators May Soon Shift From Elected To Appointed
Former Tuscaloosa County legislator Cynthia Almond was appointed by Governor Ivey as the President of the Alabama Public Service Commission in June of last year to replace Twinkle Cavenaugh who left to join the Trump Administration. Now Almond is watching as some Alabama lawmakers are attempting to push through legislation that would change the state's utility regulating board from elected to an all-appointed body.
House Bill 392 would make the 2026 General Election the final time for PSC commissioners to run for office. Sponsored by South Alabama Rep. Chip Brown (R-105), the bill was approved Tuesday by the House Committee on Transportation, Utilities, and Infrastructure and now goes to the full house for floor debate.
The legislation would require the next governor to appoint the Alabama PSC (APSC) president starting in 2028.
The Governor would also appoint both associate members of the board starting in 2030, but those members must be chosen via two lists of three names each. One list would be created by the House speaker after consultation with the House minority leader, and the other list would be created by the Senate Pro Tem in consultation with the Senate minority leader. Appointees would then be subject to senate confirmation.
The bill did not make it through committee without opposition. Energy Alabama Executive Director Daniel Tait told committee members his organization fears the change would give the utilities more control. “People are more interested in protecting Alabama Power than Alabama Power customers that are struggling to pay their bills,” Tait testified.
Several studies have revealed Alabama already has the third highest residential monthly electric bills in the country.
“The thing that’s important about having an appointed Public Service Commission is that we can pick experts that are confirmed by the state Senate and that will give the public service commission a more professional face and give an opportunity for us legislators that hear from the public to go directly to that public service commissioner, to the Governor that makes those appointments, and so there really would be some accountability,” Rep. Brown told the committee.
Brown pointed out the legislation includes strict ethics to avoid potential conflict of interest by appointed PSC members owning stock or being employed by companies being regulated. Opponents responded advising the legislation does not require the same for the politicians that would do the appointing.
Utility regulators in 40 of the 50 states are appointed.
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