The Passage of HB392 Through Committee Could Redefine the Regulation of Utilities in Alabama

Guest Opinion by Murray Edwards

The advancement of HB 392 through the House Transportation, Utilities and Infrastructure Committee represents a significant development in the regulation of utilities in Alabama. Sponsored by Representative Chip Brown (R) and moved forward on February 10, 2026, the bill proposes substantial modifications to the structure of the Alabama Public Service Commission (PSC). Specifically, it calls for transitioning the three PSC commissioners from elected positions to appointed ones upon completion of their current terms following the 2026 general election. According to the proposal, appointments would be made by the Governor, Speaker of the House, and Senate President Pro Tempore, subject to Senate confirmation, with implementation scheduled for December 1, 2026.

The move to eliminate direct elections raises serious concerns about democratic accountability. The PSC serves as the primary check on monopolistic utilities like Alabama Power, approving or denying rate increases that directly affect every household and business. By shifting selection to a small group of elected officials, however well-intentioned, risks concentrating influence among political insiders rather than the broader electorate. Opponents, including the Alabama Republican Assembly and consumer advocacy groups, warn this could enable undue influence from utility companies or special interests, especially given the bipartisan sponsorship (including Senate Minority Leader Bobby Singleton) but also vocal pushback from both parties. Recent events in neighboring Georgia, where Democrats gained PSC seats through elections, appear to have heightened fears among some that popular votes could shift regulatory outcomes in unpredictable ways.

This is more than just a minor procedural change; it raises fundamental issues about governance in a state where high energy costs affect both families and the economy. While appointed experts might offer greater technical expertise, making rate decisions more stable and principled, taking away voter oversight replaces possible campaign finance bias with potential political appointment bias. History demonstrates that regulatory bodies made up of appointees can sometimes grow too familiar with the industries they oversee, missing out on the public accountability elections provided.

As HB 392 advances, which is likely with amendments from the full House and Senate, the governor will have to weigh whether expertise gained, justifies the loss of voter voice. Alabama’s citizens deserve utility regulators who are both competent and directly answerable to the people they serve. Preserving elections, perhaps with stronger campaign finance reforms and transparency requirements, might offer a better path to accountability without surrendering the people’s voice. For now, the committee’s approval signals momentum toward change, but the debate over who truly guards the public interest in Alabama’s future of energy is far from settled.

Originally published on The Newscasters’ Studio, reprinted here by permission.

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