Alabama Public Service Commission

2007

Annual Report for Fiscal Year 2007 Table of Contents

TABLE OF CONTENTS

Introduction ...... 3 Commissioners...... 4 Commission Staff...... 7 Administrative...... 9 Advisory ...... 11 Energy ...... 14 Telecommunications...... 21 Legal...... 23 Transportation ...... 23 History...... 25 Past Commissioners ...... 26

1 Introduction to the Public Service Commission

The activities and accomplish- Commission. Commissioners are elect- ments of the Alabama Public Service ed to four-year terms, with the presi- commission during the period October dent’s term staggered by two years 1, 2006, to September 30, 2007, are from the two associate commissioners. presented in this annual report. The Commission supervises The Alabama Public Service and regulates utilities and some aspects Commission is a quasi-judicial regula- of public transportation to ensure ade- tory body whose jurisdiction, powers quate service and facilities are made and duties are delegated to it by the available at rates that are reasonable. . The Commission The law prohibits variation from estab- derives its authority from the Code of lished rates. The quasi-judicial status Alabama, 1975, Sections 24-1-28, 10- of the Commission requires conducting 2B-15.13, 10-5-3, 10-5-4, 10-5-7, 11- public hearings on applications, peti- 50-268, 11-50-269, 11-50-270, 37-1- tions and complaints, together with the 32, 37-2-3, 37-2-171, 37-3-7, 37-4-60, rendering of decisions on those pro- 37-4-82, 37-4-108, 37-9-8, and 37-9-9. ceedings. The Alabama Public Service The Commission operates Commission has been charged with the solely from inspection and supervision responsibility for the regulation of pub- fees received from the companies reg- lic utilities and some aspects of the ulated and appropriated by the transportation industry doing business Legislature. in Alabama. These include privately- The various divisions conduct owned corporations providing electric, the work of the Commission. A state- gas, water and telecommunications ment of the function, operational pro- service to the public, as well as rail- cedure and accomplishments of these roads, buses, some trucking companies divisions during FY-07 appears in this and taxis operating outside police juris- report, which is published by the dictions. Public Affairs Section of the Advisory Three elected Commissioners - Division. a president and two associate commis- sioners - administer all functions of the

3 Commissioners

JIM SULLIVAN has been President of the Alabama Public Service Commission since 1983, making him the country’s longest serving active public utility com- missioner. When he was re-elected to the PSC in November 2000, Alabama voters gave him the largest margin of victory of any statewide candidate. In November 2004, he made history in Alabama when he was re-elected while facing no opposition. In November 1998, he was elected president of the National Association of Regulatory Utility Commissioners (NARUC), the principal voice of the states on national energy and telecommunications policy. He was recent- ly named as Chairman of NARUC’s Committee on Critical Infrastructure. Commissioner Sullivan’s Staff: Commissioner Sullivan holds a Bachelor's Degree in Business David P. Rountree, Administration from the University of Mississippi, which he attended on Executive Assistant a football scholarship. After graduating from Ole Miss in 1968, he went to the University of Alabama, earning a Master's Degree in Banking and Donna H. Dodd, Finance in 1969 and his Juris Doctor in 1973. He remains a member in Technical Assistant good standing of the Alabama State Bar.

Carolyn Denham, In addition to his national leadership role through NARUC, Administrative Support Commissioner Sullivan recently held a seat on the University of Chicago Assistant III Board of Governors of the Argonne National Laboratory, and he also served on the advisory council of the Electric Power Research Institute Virginia Hill, (EPRI) in Palo Alto, California. Administrative Support Assistant I Other professional affiliations have included membership on the adviso- ry boards of the Keystone Energy Board, the Institute of Nuclear Power Kelly Tuck Operations (INPO), the Nuclear Electric Insurance Limited (NEIL), and Laborer the National Regulatory Research Institute (NRRI).

Since 2004, Commissioner Sullivan has served as a dedicated member of the Board of Directors of Glenwood Mental Health Services, Inc., a renowned health care facility serving children, adolescents, and adults who are affected by autism or severe mental, emotional and behavioral disorders.

Commissioner Sullivan and his late wife, Susan, were married for over 30 years. He has two daughters and three grandchildren.

4 Commissioners

JAN COOK is a native of Dozier, Alabama where she served on the City Council. She is a graduate of Auburn University with a degree in Political Science. She has also done graduate work at both AUM and Troy State University. In 1982 she sought her first statewide office and won the office of with more votes than any other can- didate seeking office. She was re-elected as State Auditor in 1986. In 1990 she was elected to the Alabama Public Service Commission. She was re-elected to the Alabama Public Service Commission in Commissioner Cook’s Staff: 1994, 1998, 2002 and 2006. Kelly Mulero, Commissioner Cook has always been a consumer-minded Executive Secretary Commissioner and has sponsored several initiatives, including anti- slamming and cramming legislation and statewide Y2K information Karen Rogers, forums. She has also been involved in issues ranging from helping Administrative Support Assistant III Alabama agriculture compete in a global market to her concerns for railroad safety. In addition, Commissioner Cook developed several programs to help Alabama farmers through the 2000 and 2007 droughts.

5 Commissioners

SUSAN D. PARKER, Ph.D. is the newest member of the Alabama Public Service Commission having been elected to Place 2 in 2006. During her first year, Parker has quickly become a leader in regional and national profes- sional utility organizations. She is serving the Southeastern Association of Regulatory Utility Commissioners (SEARUC) as First Vice-President. Parker also serves on the National Association of Regulatory Utility Commissioners (NARUC) Energy Resources Environmental (ERE) Committee and the Sub-Committee for Education. Commissioner Parker champions energy efficiency and renewable energy. She has established the Consumer Education Initiative to educate Alabamians on measures to conserve energy and lower their utility bills. Parker’s political career also includes being elected as State Auditor of Alabama in 1998, and she was the first woman in Alabama ever nominated for the U. S. Senate in 2002. Prior to becoming involved in politics, Parker had a 25-year career in public education. In 1972, at the age of 16, she started working at Calhoun Community College as a file clerk and rose through the ranks to become an Associate Dean. Parker worked her last eight years in high- er education at Athens State University where she served as Development Officer and Assistant to the President. Commissioner Parker’s Staff: The accomplishment of which Parker is most proud is that she completed four college degrees by attending college at night and working full-time during the day. It took her 13 years but John Nixon, Jr., Parker persevered and completed her associates, bachelors, masters and Ph.D. — all with hon- Chief of Staff ors. Throughout her career, community service has been important to Parker. She has served as pres- Brad Williams, ident of numerous non-profit organizations including; Boys and Girls Clubs, Heart Association, Executive Assistant Cancer Society, Leukemia Society, Big Brothers/Big Sisters, and United Way. She has also chaired leadership programs for both Athens and Decatur Chambers of Commerce. Parker has Angier Johnson, provided training programs throughout the country for non-profits on board development, man- agement, communication and fund-raising. Director of Media Relations In 1988, Susan Parker became the first woman in Alabama to receive the coveted TOYA Award (Ten Outstanding Young Americans) by the U. S. Jaycees. She also has been recognized by the Denise D. Harris, Boys and Girls Clubs of Alabama as Outstanding Volunteer in the State of Alabama. Executive Secretary Parker and her husband of 27 years, Paul Parker, enjoy golf and travel. They are members of the Cumberland Presbyterian Church. Kelly Reynolds, Student Assistant Highlights: Born in Eva, Alabama in Morgan County Completed 4 college degrees attending night classes and working full-time Ph. D. in Administration of Higher Education, University of Alabama 1985 Masters degree, UAB B.S., Athens State College Associates degrees, Calhoun Community College Successful career in Higher Education, 1972-1996 State Auditor 1998-2002 First Woman in Alabama nominated for the U. S. Senate Elected to Alabama Public Service Commission, Place 2 in November 2006 Married, 27 years to Paul Parker

6 Commission Staff

Administrative Division

Finance Section Secretary’s Staff Walter L. Thomas, Valerie Hogan, Commission Secretary Miles Gagner, Administrative Support Senior Accountant Assistant III Sandy Haynes, Kimberly Holt, Clerk Stenographer III Senior Accountant Shayla Harris, Ernestine Huffman, Administrative Support Assistant II Felisa Webster, Accountant Administrative Support Assistant III Anthony Jackson, Traci Sink, Account Clerk Administrative Support Assistant II Advisory Division

Consumer Services Section Karen Gaston, Judy McLean, Aquilla Spivey, Programmer /Analyst Associate Director, CPA Consumer Services Manager Ellen Irvine, Sue Hicks, Federal Affairs Administrative Support Assistant III Consumer Services Specialist Mary Newmeyer, Wanda Lowery-Geiger, Public Utility Analyst Manager Analysts Consumer Services Specialist Gene Hanes, Tom Samford, Stephanie Sweet, Public Utility Analyst Manager PSC Attorney Consumer Services Specialist Gene Pitts, Liz Thompson, Personnel PSC CPA Clerk Stenographer IV Dorinda Kepler, Rolland Casey, Michelle Wright, Personnel Assistant III PSC Accountant Administrative Support Assistant III Rozetta Parker, David House, Administrative Support Assistant III Public Utility Analyst III Information Systems Services Public Affairs Clarence Duncan, Kay Oswalt, PSC Rate Analyst IT Systems Specialist Senior Clark Bruner, Debra Jackson, Public Information Specialist IT Systems Technician Energy Division Janice M. Hamilton, Public Utility Analyst III Thomas Lancaster, Director William Knight, Pipeline Safety Investigations Supervisor Electricity Section Public Utility Analyst II Spencer Brady, John Free, CPA Joe Leverette, Pipeline Safety Training Officer Public Utility Analyst Manager Public Utility Analyst III Gregory Meadows, Robert Taylor, III, Tonya Williams, Pipeline Safety Investigator, Senior Public Utility Analyst III Accountant Judy Ramsey, Sheila Ward, Brenda Roberts, Pipeline Safety Investigator, Senior Public Utility Analyst II Administrative Support Assistant III David Snoddy, Gregory Kelly, Pipeline Safety Investigator, Senior Public Utility Technical Specialist, Senior Gas Pipeline Safety Section Hosie Powell, Linda Gardner, Pipeline Safety Investigator, Senior Public Utility Analyst II Chris Harvey, Technical Section Patricia Smith, Gas Pipeline Safety Administrator Rick Cleckler, Public Utility Analyst II Jannette Mitchell, Public Utility Technical Specialist, Senior Jacqueline Frazier, Clerk Stenographer III Water Section Administrative Support Assistant II Harold Dunson, Stephen Bartelt, Natural Gas Section Pipeline Safety Investigations Supervisor Utility Analyst Manager Robert Reed, John Paul Harris, Maverick D. Roberts, Public Utility Analyst Manager Pipeline Safety Investigations Supervisor Administrative Support Assistant II Donald Powell, 7 Commission Staff

Legal Division

John A. Garner, Suellen L. Young, Chief Administrative Law Judge Attorney III Aisha Smith, Administrative Support Assistant III Scott Morris, Eileen M. Lawrence, Administrative Law Judge Departmental Operations Specialist Telecommunications Division Darrell Baker, Evandrew Tucker, Special Services Compliance Team Director Public Utility Analyst II Barbara Franklin, (Retired 09/01/07) Bobby Mobley, Clerk Stenographer III Laneeta Roberts, Public Utility Field Technician, Senior Deboraha Thornton, Public Utility Analyst III Doug Dillard, Administrative Support Assistant III Bill Cook, Public Utility Field Technician Cynthia Allen, Public Utility Analyst II Perry Johnson, Administrative Support Assistant I Janet Conway, Public Utility Field Technician Public Utility Analyst II Gilbert Carlisle, Economic Analysis and Compliance Public Utility Field Technician Section Service Analysis and Compliance Section Larry Smith, Public Utility Analyst Manager Glenn Darter, E.C. McArthur, Public Utility Field Technician, Senior Public Utility Analyst III Jack Cates, Eugene Holsenbeck, Public Utility Field Technician Public Utility Analyst II Terry Jackson, Linda Jones, Public Utility Field Technician, Senior Clerk Stenographer III Steve Bennett, Tom Jones, Public Utility Field Technician Public Utility Analyst III David Peeler, Public Utility Analyst III Transportation Division

Britt Roberts, Robin McBrayer, Larry Coleman, Director Staff Accountant Railway Safety Inspector

Rita Grantham, Tara Lawson-Frazier, Enforcement Section Clerk Stenographer III Administrative Support Assistant II Earl Reeves, Rates and Services Section Transportation Enforcement Supervisor Jennifer Morgan, John M. Brock, Larry Wingard, Account Clerk Transportation Enforcement Officer II Transportation Regulatory Manager Leo Sauls, Jr., Amy Bowden, Transportation Enforcement Officer II Donald Williamson, Account Clerk Terry Shirley, Transportation Rate Specialist Transportation Enforcement Officer II Railway Safety Section Gary Shirley, Insurance and Registration Section Transportation Enforcement Officer II John C. Longcrier, Samuel B. Peacock, Ronald E. Hicks, Railway Safety Inspector Transportation Enforcement Officer II Transportation Regulatory Manager Danny Arledge, Michael L. Lawson, Railway Safety Inspector Transportation Enforcement Officer I

8 Administrative Division

9 Administrative Division reports; monitors the budget for possible problems and makes any necessary corrections; verifies and processes invoices and The Administrative Division consists of three sections-- expense reports for payment; coordinates the payroll and main- the Secretary's Office Section, the Finance Section, and the Motor tains payroll records; bills utilities for inspection and supervision Carrier Section. A description of each section's responsibilities fees; maintains records of fees collected; notifies the Legal and a detailed report of its activities during FY-06 are as follows: Division of any delinquent companies; and conducts special stud- ies or assignments as requested by the Commission. SECRETARY OF THE COMMISSION The section maintains office supplies for the Commission, develops and administers internal accounting pro- The Commission Secretary receives all filings made to cedures and administers a centralized purchasing service of the Commission and distributes them to the appropriate division. approved materials, supplies and equipment. He also assigns docket numbers to cases requiring public hearings and maintains an electronic file on cases so that information on the status of any case can be obtained quickly. MOTOR CARRIER SECTION The Commission Secretary takes and distributes the minutes of each monthly Commission meeting. He attests to and The Motor Carrier Records Section is responsible for files orders of the Commission and certifies copies of orders and preserving the records of transportation companies. This includes other documents of record in the official files of the Commission. maintaining a complex database and record-keeping system on all The Secretary files Commission oaths of office, surety motor carriers who are required to register with the Public Service bonds covering each railway policeman appointed by the Commission according to applicable state and federals laws and , furnishing certification of the policeman's appointment motor carrier rules and regulations of the Commission. Records along with the oath and bonding to the Secretary of State. retained by this section include, but are not limited to, motor car- The Secretary signs orders for the Commission to rier applications, vehicle identifications, transfers, name changes, authorize transportation companies to place reduced rates into transcripts, revocation and reinstatement orders, and insurance fil- effect on less than statutory time, in order to meet an emergency. ings on both active and inactive motor carriers. The Secretary receives public officials, attorneys, trans- This section assigns docket numbers for all informal portation and utility executives, and other interested people, pro- motor carrier cases that come before the Public Service viding them with information on the procedural practices of the Commission and prepares revocation and reinstatement orders on Commission. motor carriers who failed to maintain proper proof of insurance The Secretary is responsible for the retention of all coverage as required by law. The Motor Carrier Records Section records of the Commission. He coordinates the transfer of provides copies of documents and answers inquiries as requested records to the Department of Archives and History as well as by the general public and other governmental agencies. destruction of records. The Secretary acknowledges receipt of filings advising parties of the requirements of the Rules of Practice and statutes ACO Tracking Database governing proceedings in which they are involved. He gives gen- eral procedural information and answers inquiries requiring The Public Service Commission implemented a new research into Commission records. automated system to improve the processing of tariffs, applica- The Secretary is responsible for the coordination of the tions and other filings made with the Commission. In this new departmental telecommunications services. This task primarily system, most filings are submitted electronically via the PSC entails ensuring that the telephone and data lines are working website. The Secretary’s Office receives several types of filings properly. electronically. These include applications for a Certificate of A tabulation of the principal activities of the Secretary Public Convenience and Necessity, tariffs, interventions, arbitra- during FY-07 is as follows: tion requests, certified document requests, complaints, Inspection and Supervision Fees, and various other agreements and contracts Commission orders issued 1,533 from regulated companies. Once the documents are in electronic Public hearings held 69 format, the filings are routed to the appropriate sections electron- Report and Recommended Orders issued 8 ically for review and processing. The new system has allowed the Commission Secretary to maintain the Commission hearing docket book and hearing cal- FINANCE SECTION endar electronically, assigning cases for hearing in collaboration with the Administrative Law Judges and Commissioners. The The Finance Section plans, coordinates and directs the Secretary prepares the weekly hearing calendar for the fiscal functions of the Commission, overseeing such activities as Commissioners, staff, and press representatives through the track- accounts, budgets, purchases, equipment and custodial care. Its ing system. The Secretary also receives and records transcripts of responsibilities include maintaining the general books, consoli- testimony in the tracking database. dating operating budget requirements and preparing budget The new tracking database allows for faster access to all requests and operations plans. filings received by the Public Service Commission. The section also prepares budgetary performance

10 Advisory Division The Advisory Division touches almost all aspects by researching the industry and utilizing this knowledge to of the Commission, but the primary role the division plays study natural gas issues. Because they are independent from is to provide the Commissioners with relevant information the Commission’s other divisions, the resulting financial and alternatives related to regulatory issues brought before analyses, operational reviews and recommendations can be the PSC. Here is a detailed description of the activities of used by the Commission to make the most informed judge- each section of Advisory: ments for the benefit of Alabamians. Specifically, the Advisor reviews ratemaking Analysts methodologies, gas supply contracts, accounting matters, operational issues, municipal acquisitions and other filings Electricity Advisor made to the Commission. The Natural Gas Advisor also acts as one of the PSC’s legislative liaisons within the Advisory Division. Both the operational and financial aspects of Alabama Power Company are monitored by the Electric Advisor Analyst, which includes the Company’s compli- Telecommunications/Special Projects Advisor ance with mandated clean air requirements of federal and state regulatory bodies. The Energy Cost Recovery Rate The Telecommunications/Special Projects Advisor Factor and Forecast of the Company’s Energy Cost has two specific responsibilities within the Advisory Staff. Recovery are analyzed on a monthly basis along with the The first is to provide verifiable, independent recommenda- Company’s Retail Return on Average Common Equity as tions to the Director of the Advisory Staff and to the ordered by the Alabama Public Service Commission. Commissioners on all matters relating to telecommunica- The Electricity Advisor evaluates Alabama Power tions companies that impact the citizens of our state. These Company's Integrated Resource Planning Model and the companies include incumbent and competitive local Company’s significant financial arrangements such as the exchange carriers, long distance companies, Voice Over issuance of promissory notes, commercial paper, and addi- Internet providers (VoIP), and cellular providers. To accom- tional shares of common stock for financing requirements plish this, the Advisor reviews all telecommunications fil- due to continuing operations, upcoming securities maturi- ings made to the Commission to ensure these filings com- ties, and refunding opportunities of long-term debt during ply with the established policies of the Commission; works periods of favorable interest rates. closely with the Advisory Division’s Director, The Electricity Advisor makes recommendations Telecommunications Division personnel and the Legal regarding a variety of regulatory accounting issues and Division, participating in the development of the telecom- energy-related issues impacting Alabama Power munications policies and procedures to be implemented by Company’s ability to maintain rate stability. the Commission; and maintains a working knowledge of The Electric Advisor reviews on a periodic basis non-jurisdictional yet highly significant areas of telecom- Alabama Power Company’s accounting methodology gov- munications service such as VoIP and cellular service. erning the Company’s treatment of regulatory assets and The second function of this Advisor is to manage liabilities. Special Projects assignments from the Advisory Director The Electric Advisor reviews on an ongoing basis and the Commissioners. These assignments cover any area Alabama Power Company’s pricing structure in the or activity in which the Director or Commissioners request Company’s rates and rate riders, and the reasonableness of additional information or analysis. contracts involving the purchase and sale of energy-related Important projects addressed in FY07 were the con- resources. Throughout the year Alabama Power Company's tinuing implementation of the Telecommunications Reform RSE (Rate Stabilization and Equalization) performance and Act of 2005, the most fundamental change in Public Service special projects are studied. Commission authority over jurisdictional telephone service since the passage of the Telecommunications Act of 1996; Natural Gas Advisor the continuing application of the Alabama Telecommunications Regulation Plan on customers and jurisdictional companies; participation on the Commission The Alabama Public Service Commission has 12 team implementing the database tracking system, the new natural gas companies under its jurisdiction. The Natural computerized information gathering and tracking system to Gas Advisor works independently of the Commission’s be used at the PSC; work on numerous arbitrations/media- other divisions to analyze natural gas industry issues before tions that were the responsibility of the PSC to direct, the Commission. This gives the Commissioners a separate review of natural gas rates and pricing, and numerous recommendation for their review. information requests and customer complaints of interest to The Natural Gas Advisor forms recommendations the Director or Commissioners.

11 Advisory Division court appeals and decisions on utility and telecommunica- Legal Advisor tions issues and, if appropriate, makes recommendations on actions to be taken. The section also looks at proposed fed- The Legal Advisor reviews dockets and issues eral legislation affecting Alabama utilities and telecommu- before the Commission for legal implications and provides nications providers and prepares documentation to express job-related legal advice and assistance to Advisory Division the Commission’s views. personnel, as well as other Commission officials and Keeping an eye on state legislation is another func- employees. In order to properly perform his assigned duties, tion of Federal Affairs. The section assists in drafting legis- the Legal Advisor monitors pending legislation and court lation and tracks it progress. In this capacity, Federal opinions, as well as industry publications. Duties include, Affairs is a member of the Permanent Joint Legislative but are not limited to, contract drafting and negotiation, leg- Committee on Energy, created by the 2007 Legislature to islative drafting, administrative proceedings, and the updat- develop a state policy on energy. Federal Affairs has par- ing of various manuals and handbooks governing the con- ticipated as a member of the standing subcommittees of the duct of Commission activities. full Committee as they attempt to craft legislation to accom- The Legal Advisor also participates in state and plish this goal. federal legal proceedings, both in-state and out-of-state, in At times, Federal Affairs staff members are called which the Commission has an interest. upon to testify on proposed bills at state legislative com- mittee hearings. Federal Affairs also acts as the PSC’s leg- Information Systems Services islative liaison with the Governor’s office. Federal Affairs has worked with several significant The Information Systems Services section is regulatory issues. The Commission adopted the final report responsible for automation efforts in all divisions and issued by the Electricity Restructuring Task Force, a team offices of the Commission. that was spearheaded by Federal Affairs, as its current posi- The Commission is presently totally electronically tion on the issue. The topic is extensively monitored on a networked to all divisions internally and to the State of national basis by the section. The state requirements of the Alabama’s consolidated data center. Additionally, the Energy Policy Act of 2005, Sections 1251, 1252 and 1254 Information Systems Services section has a Web site at have required Federal Affairs, in conjunction with the www.psc.state.al.us. This Web site provides consumer Energy and Legal Divisions, to investigate and make deter- information about utility-related issues, hearing dates, plus minations regarding net metering, fuel diversity, fossil-gen- access to Commission orders and other public documents eration efficiency, time-based metering and distributed gen- filed in PSC proceedings. Parties can now file electronical- eration interconnection. These investigations are on-going. ly through the Commission’s Web site. The requirements of the Telecommunications Act The Commission has a LAN with nine servers of 1996 have been a major focal point for Federal Affairs attached. The servers are running Windows Server 2003 and staff. Numerous FCC orders and court decisions have been Windows Server 2000, and clients run Windows 2000, and reviewed and implemented. In addition, Federal Affairs XP operating systems. Microsoft Access and SQL Server filed comments in FCC proceedings that had a direct impact 2000 are used for database development, and ASP.net is on Alabama used for intranet development. The Federal Affairs staff member, while serving on the Federal/State Universal Service Joint Board, participat- Federal Affairs ed in the analysis of issues and drafted proposed recom- mended decisions for the Federal and State Commissioners The Federal Affairs section keeps the Commission on Joint Board. Recommended decisions were released on abreast of federal activities affecting utility regulations in the Lifeline and Linkup program for low income sub- Alabama. When necessary, the staff also intervenes and scribers; Universal Service Portability; and modification to files comments in federal proceedings. the high-cost support mechanisms for non-rural carriers in To stay on top of the federal scene, Federal Affairs response to the Tenth Circuit Court’s decision. The Federal monitors activities of the Federal Communications Affairs staff member initiated a review of the utilization of Commission (FCC), the Federal Energy Regulatory the Federal Lifeline/Link-Up needs-based telephone service Commission (FERC), the Surface Transportation Board discount programs in Alabama. (STB), the Nuclear Regulatory Commission (NRC), the Department of Transportation (DOT), the Department of Energy (DOE), the Federal Railway Administration (FRA), and the Securities and Exchange Commission (SEC). Just as important, Federal Affairs reviews federal

12 Advisory Division

As a result, meetings and workshops were held manuals. Requests to fill vacancies in the Commission are with representatives of Medicaid, the Department of processed by Personnel with the coordination of division Human Resources and the Alabama telecommunication directors. companies to determine how to make people aware of the The Personnel manager acts as the liaison with the program and increase participation. The meetings resulted State Personnel Department (SPD), checking to see that in the formation of a committee of industry representatives every Personnel action is in line with state laws and SPD and Commission staff to pursue implementing an aggres- rules and regulations. sive plan to better inform the consumers who are on a lim- The Personnel manager also represents the ited income and participate in the qualifying federal assis- Commission at meetings of the State Personnel Board and tance programs about the availability of the discounts on the Council of Personnel Administrators. telephone service and installation. Personnel develops and updates job descriptions on The committee developed a colorful poster with the employees. This ensures appropriate classifications are information about the program and how to apply for partic- selected for a particular job and may also be used as an indi- ipation that the telephone companies will display in their cator for change in classification and pay. offices and at social service agencies, and other areas. They also created brochures explaining the program and how to Public Affairs apply for the subsidy that will be available at their offices The Public Affairs Section of Advisory handles the and at the social agencies if permitted by the agency. public information duties of the Commission. This entails The Federal Affairs staff member is reviewing and distributing information to the news media, the public and following the progress of a telecommunications industry other state, governmental and regulatory agencies. sponsored “Missoula” intercarrier compensation reform The coordinator also produces informational mate- plan filed in July with the Federal Communications rials such as the PSC’s Annual Report, brochures, presenta- Commissions. The plan represents the culmination of a 3- tion aids, other graphic materials, plus, the coordinator pro- year process led by NARUC. There will be an extensive vides information to be posted to the PSC’s web site. In review of the analysis of the plan and its effects on the addition, the coordinator attends Commission hearings and industry and consumers. meetings and monitors media coverage of the PSC. In FY07, Federal Affairs filed numerous comments before FERC and Congress on the topic of regional electric Consumer Services Section transmission organizations. This subject is still being close- The Consumer Services Section investigates com- ly followed by Federal Affairs, as FERC implements plaints regarding the operation, services, and billings of reg- changes under Order 890 (“Preventing Undue ulated utility companies. Discrimination and Preference in Transmission Services”) The staff consists of a supervisor, an administrative that are a direct extension of those policies. support assistant, and three investigators experienced in the The Federal Affairs Section monitors and reports field of utility operations and management. The Consumer on positions taken by other state commissions and the Services staff is charged with resolving consumer com- National Association of Regulatory Utility Commissioners plaints, providing information to consumers about the utili- (NARUC) on issues affecting the Commission. This section ty regulatory functions of the Commission and interpreting also maintains and makes available to the Commission staff and conveying the views and opinions of utility consumers resource materials on federal issues. to the commissioners for consideration in regulatory mat- Furthermore, Federal Affairs represents the ters. Commission on the NARUC Staff Subcommittee on When a complaint is filed, the complainant is inter- Telecommunications, and Staff Subcommittee on Nuclear viewed to obtain the circumstances and allegations Issues-Waste Disposal. involved. After reviewing and/or investigating the facts, the staff determines the appropriate action needed to resolve the Personnel complaint. A written report is prepared citing details of the The Personnel office maintains the records of complaint and the disposition. Field investigations are rou- Commission employees. One of its primary functions is to tinely conducted. identify changes in payroll expenditures that are incurred by The staff meets with community groups throughout appointments, resignations, promotions, terminations, etc. the state upon request on regulated utility matters. The staff Personnel oversees the processing and orientation is available to civic and community groups for speaking of new employees. As the source for state and departmental engagements regarding the Commission and utility regula- rules, regulations and benefits that apply to employees, tion in general. Personnel provides information through handbooks and 13 Energy Division

The Energy Division oversees the operations of all service ("RRCE"), shall be computed annually for the investor-owned electric, natural gas and water utilities serv- upcoming twelve-month period ending December 31 (such ing consumers within the state of Alabama. This responsi- twelve-month period being the “rate year”). The RRCE bility includes monitoring the rate stabilization and equal- shall be computed on the basis of cost estimates and budg- ization (RSE) programs used by the Alabama Public ets prepared by the Company in the ordinary course of its Service Commission (“the Commission”) to regulate business and in a manner consistent with the Uniform Alabama Power Company (APCo), Alabama Gas System of Accounts. If the resulting RRCE is less than Corporation (Alagasco) and Mobile Gas Service 13.0% or more than 14.5% (13.0% - 14.5% being "the equi- Corporation (Mobile Gas). The safety of all natural gas and ty return range"), then monthly bills under the respective hazardous liquid pipeline systems in Alabama is included rate schedules subject to Rate RSE shall be increased or within the Energy Division’s scope of responsibility under decreased by amounts per kilowatt-hour necessary, in total, the Gas Pipeline Safety section’s purview. Additionally, the to restore the RRCE to 13.75% (the "adjusting point" in the Special Projects section addresses and coordinates issues equity return range). that are non-jurisdictional or concern multiple energy com- The Electricity Section examines the Company’s modities. books and records on a monthly basis to determine the The subsequent paragraphs discuss each section’s RRCE for the current twelve-month period. It also actual- significant regulatory policies, responsibilities and major izes the December forecast using the most recent account- activities that occurred during fiscal year 2007. ing data. The section staff prepares a summary report of this information and presents it at each monthly Electricity Section Commission meeting. The Retail Return on Common Equity for the This section is primarily responsible for the regula- twelve-month period ending with the December 2006 point- tory oversight of Alabama Power Company (“the of-test was 13.84%, which was within the allowed range. Company” or “APCo”). This includes financial analyses, Therefore, no rate adjustment was necessary. As of economic evaluations, auditing and statistical data assimila- September 30, 2007, the projected Retail Return on tion. In addition, the staff performs management inquiries Common Equity for the twelve-month period ending to remain informed as to the manner and method in which December 2007 was 14.48%. APCo’s business is conducted. The section also evaluates certain aspects of the Energy Cost Recovery (ECR) Southern Electric Generating Company (SEGCo) and the Alabama Municipal Electric Authority (AMEA). Rate ECR is the rate approved by the Commission to recover retail customers’ portion of energy cost. Initially ALABAMA POWER COMPANY established at 17.88 mills per kWh, the rate has been adjust- ed for temporary periods of time to reduce the over/under Rate Stabilization and Equalization (RSE) collections accumulated in the energy cost account. The Electricity Section prepares a report for the monthly Rate RSE was designed to lessen the impact, fre- Commission meetings reflecting the status of energy costs quency and size of retail rate increase requests by permit- recovered, the accumulated over/under collections, and the ting the Company, through the operation of a filed and ECR projection for December 31 of the current year. This approved rate, to adjust its charges more readily to achieve projection assumes 100 percent normal hydro generation. the rate of return allowed by the rate order of the In April 2002, the Commission approved Rate Commission. By provisions in the rate, the charges are Rider RDF (Rate Differential Factors). This rate rider is increased if projections for the upcoming year show that the applicable to Rate ECR and adjusts the ECR billing factor designated rate of return range will not be met and are to reflect the seasonal patterns of fuel cost. The billing fac- decreased if such projections show that the designated rate tor is increased during the months of June through of return range will be exceeded. Other provisions limit the September and decreased for the billing months of October impact of any one adjustment (as well as the impact of any through May. consecutive increases), and also test whether actual results In late December 2005, the ECR billing factor was exceeded the equity return range. increased to 24.00 mills per kWh effective January 1, 2006. Beginning December 1, 2006, and by December 1 This interim energy cost recovery factor was of each year thereafter, the Company's rate of return on pro- intended to remain in effect until December 31, 2007, at jected average common equity, separated to retail electric which time the company’s fuel cost was expected to be fully recovered. 14 Energy Division

However, as of June 2007, the accumulated balance tomers utilizing this rate, an economic evaluation must be under Rate ECR had not declined, but instead had grown to made in accordance with methods accepted by the approximately $360 million. In view of this, the staff con- Commission. The economic evaluation must prove that the cluded that the interim factor of 24.00 mills was not suffi- pricing under each contract will promote a positive benefit cient and needed to be modified. To this end, the to all ratepayers over the term of the contract. Commission approved an interim ECR factor of 31.00 mills During FY-07, the Commission staff evaluated and effective for July 2007 billings, and thereafter for a period approved one electric service contract that was filed pur- of thirty months. At the end of this period, the interim fac- suant to Rate FCR. In addition, the staff performed a post- tor will be re-evaluated. contract review of six electric service agreements. One year ago the accumulated under-recovered bal- ance for Rate ECR was $334,210,350. As of September 30, Natural Disaster Reserve (NDR) 2007, the under-recovery balance had declined to $307,057,718. By Order dated October 3, 1994, the Commission granted Alabama Power Company authority to establish a Certificated New Plant (CNP) Natural Disaster Reserve of $32 million against which extraordinary operation and maintenance expense, resulting Rate CNP - Part A was originally approved in 1982 from natural disasters, would be charged. The reserve was in conjunction with Rate RSE under Dockets 18117 & established to help mitigate the disruptive effects of signif- 18416. The original rate provided for the certification of icant natural disasters in the company’s service territory. generating facilities and the recovery of the related capital However, the Natural Disaster Reserve (NDR) was cost for such facilities. During FY-2007, Alabama Power substantially depleted in October 1995 due to Hurricane Company did not file any applications for a Certificate of Opal. Under the monthly accruals established in the origi- Public Convenience and Necessity related to generating nal order, it would have taken more than eight years to facilities. restore the reserve to the authorized level of $32 million. Rate CNP was modified in April 2000 to include a Therefore, in December 1995, the Commission second provision, Rate CNP - Part B, that would allow for authorized APCo to make additional accruals, without fur- the certification of Purchase Power Agreements (PPAs) and ther order by the Commission, above the normal monthly the recovery of the total cost (excluding fuel) associated amount of $250,000 whenever the balance in the Natural with each agreement. Rate CNP - Part B is also referred to Disaster Reserve declines below $22.4 million. Accruals as Rate CNP-PPA. At this time, Alabama Power Company above normal monthly amounts could continue until the has 2 seven-year PPA contracts. The first PPA contract, reserve was restored to $32 million and must be reported to approved in 2003, for 939 MW will expire in 2010 and the the Commission in writing. second PPA contract, approved in 2004, for 312 MW will On September 16, 2004, Hurricane Ivan made land- expire in 2011. fall on Alabama’s Gulf Coast and continued on through the Rate CNP was further modified in October 2004 to state, resulting in significant damage to the Company’s include a third provision, Rate CNP - Part C, that would transmission and distribution equipment and facilities. The provide a mechanism to recover compliance costs associat- total O&M related expenses were $57,565,583. This ed with “environmental mandates.” Rate CNP - Part C is amount was in excess of the reserve balance and therefore also referred to as Rate CNP-ECP. Beginning in December prompted the Company to request the Commission to allow 2004 and each December thereafter, the Company will file the reserve to carry a negative balance. The Commission its annual Environmental Compliance Plan subject to Rate approved this request on October 19, 2004, effectively CNP - Part C. The first Part C provision went into effect in deferring cost recovery through the normal accrual method, January 2005. additional accruals, and/or by other accounting treatments. In July and August 2005, the Company’s service territory Flexible Contract Rate (FCR) was impacted by Hurricanes Dennis and Katrina, once again causing significant damage to the transmission and By Order dated April 1, 1996, the Commission distribution system. Together, the O&M expenses related to approved the Company’s petition for a new Rate FCR these two major storms, as well as other small storms, were (Flexible Contract Rate). Rate FCR was designed to be estimated to be approximately $80 million. As a result, on applicable only to commercial and industrial customers September 30, 2005, the NDR had a negative balance of who have a need for flexibility in rates and/or service and $69,278,301. who have an account for no less than one-megawatt of elec- Because of the significant negative balance, the tricity. For contracts with commercial and industrial cus- Commission approved Rate Rider NDR in December 2005

15 Energy Division and increased the disaster reserve balance from $32 million should be considered in conjunction with Docket 30066. In to $75 million effective January 2006. Rate Rider NDR Docket 30066, the Commission determined that the standards to was designed to address the negative balance in the Natural be considered in Sections 1251 and 1254 had not been met. Disaster Reserve and to re-establish a reserve balance suffi- Therefore, the standards under both sections were set for further cient to address potential costs associated with future natu- review, with a schedule of proceedings to be established. ral disasters. In order to accomplish this, Rate Rider NDR adds a small monthly charge to each account served by the Financing retail rate schedules. As a result of Rate Rider NDR, the negative balance in the reserve was fully recovered by June The Electricity Section staff reviews all financing peti- 30, 2007. As of September 30, 2007, the Natural Disaster tions filed by Alabama Power Company and Southern Electric Reserve had a positive balance of $23,064,347. Generating Company (SEGCo). SEGCo is a generating facility located in Wilsonville, Alabama, jointly owned by Alabama Other Activities: Power and Georgia Power, in equal shares. These petitions are generally filed with the Commission to request approval to New and Revised Tariffs engage in the issuance of securities or to assume obligations pur- suant to other types of debt instruments. Upon analysis and eval- In May 2007, the Commission approved the 27th revi- uation, the staff makes recommendations to the Commission per- sion to Rate PAE (Purchase of Alternate Energy). The charges taining to those petitions. and payments under this rate reflect updated cost and avoided cost On August 2, 2005, the Commission issued an Order in data for the Company and are based on 2006 data. This revised Informal Docket U-4687 granting Alabama Power Company the rate became effective with the June 1, 2007 billings. authority to issue additional securities and incur obligations in In July of this year, the Commission approved a new rate connection with the issuance of industrial development revenue for agricultural production. Farming Irrigation Time of Use bonds, assume obligations in connection with the issuance of pre- (FIRTU) is an optional rate for agricultural customers with sepa- ferred securities by a special subsidiary or subsidiaries, and bor- rately metered electric irrigation operations that are associated row upon issuance of promissory notes and commercial paper not with agricultural production. The rate was designed so that such to exceed $2,300,000,000 (long-term borrowing) prior to customers could better manage their operations and electric load December 31, 2007. Additionally, the Company was granted in response to time-of-use price signals that are included in the authority to borrow from lenders on its promissory notes and to rate. Rate FIRTU allows customers to achieve savings if irriga- issue and sell its commercial paper notes from time to time not to tion is done during specified non-peak hours. This new rate was exceed $1,400,000,000 (short-term borrowing) prior to developed to help farmers in response to severe drought condi- December 31, 2007. Upon this order, the Company surrendered tions that have plagued Alabama for the past two years. its remaining authority under Informal Docket U-4551. As of September 30, 2007, the remaining long-term borrowing authori- Federal Issues ty was $153,500,000 and the remaining short-term borrowing authority was $1,400,000,000. The Electricity Section staff monitors various federal The Company, in Informal Docket U-4688, was also issues that may impact the electric industry. This includes partic- granted authority to issue and sell up to 10,000,000 shares of its ipating in teleconferences, conducting research, and attending $40.00 par value common stock to its parent, the Southern meetings with the Federal Energy Regulatory Commission Company, at a purchase price not less than the par value. As of (FERC), the National Association of Regulatory Utility September 30, 2007, the remaining authority for common stock Commission (NARUC), and other electric industry organizations. issuance was 3.5 million shares. During FY-07, the staff monitored several Federal mat- In Informal Docket U-4689 dated August 2, 2005, the ters that had final rules issued by FERC. They were: 1) Open Commission granted SEGCo authority to borrow from lenders on Access Transmission Tariff Reform; 2) Mandatory Reliability its promissory notes and to issue and sell its commercial paper Standards for the Bulk-Power System; 3) Market-Based Rates for notes from time to time on or prior to December 31, 2007. The Wholesale Sales of Electric Energy, Capacity and Ancillary maximum aggregate principal amount of notes at any one time Services by Public Utilities; 4) Electric Transmission Siting Rule; outstanding will not exceed $60,000,000. Upon issuance of this and 5) Prohibition of Energy Market Manipulation. order, SEGCO surrendered its remaining authority under Informal Docket U-4550. In September 2006, the Commission opened three dock- ets for consideration of Sections 1251 (Docket 30066), 1252 Auditing (Docket 30067), and 1254 (Docket 30068) of the Energy Policy Act of 2005 (EPACT 2005). In Docket 30067, the Commission The Electricity Section’s auditors and analysts conduct determined that the standards to be considered under Section monthly analytical reviews and/or audits to test the completeness 1252 have been met with prior state action; therefore no further and accuracy of financial statements, economic models and other action was needed. In Docket 30068, the Commission deter- data submitted by APCo. mined that the standards to be considered under Section 1254 For this activity, the staff’s monthly fuel audit is partic-

16 Energy Division ularly important because the Company’s energy costs are approx- Monthly site visits to utility plant facilities and construc- imately 60 percent of total operation and maintenance (O&M) tion projects were performed to review operation and maintenance expense. On this monthly audit, the accounting records for fuel practices, infrastructure improvements, and project expenditures. purchases and burns are reviewed at the corporate office and at the Also during these visits, the Company’s electric safety and con- respective generating facilities. Site audits for each generating struction standards are discussed. Federal Regulatory Agencies facility are performed on a rotating basis. (OSHA, DOE, FERC, NERC, and NRC) and professional trade Other auditing responsibilities include testing of various groups (IEEE, NEC, NESC, ANSI, EPRI, EEI, etc.) provide the accounts and activities, to trace and verify reported revenues and fundamental safety and construction standards for the electric expenses, to review APCo’s compliance with the FERC Uniform industry. At the same time, APCo’s proprietary systems and intel- System of Accounts, and to investigate significant variances iden- lectual properties such as CAD/CAM (digital drawing and map- tified during monthly monitoring and analytical processes. Also, ping systems), MIMS (metering information management sys- the staff performs random billing audits to test the Company’s tems), DOES (distribution outage evaluation systems), and OASIS compliance with approved tariffs. (open access same-time information system) were reviewed for An annual compliance audit was performed on Rate informational content. CNP-PPA for the Purchase Power Agreement and Rate CNP-ECP Power quality issues (forced outages, interruptions, volt- for the Environmental Compliance Plan. The Commission age levels, testing procedures, and other service reliability required the Company to submit, as part of the modified Rate CNP, inquiries) were investigated to determine if electric service was a detailed annual summary report of the Environmental being provided in compliance with the Commission’s General Compliance Plan. This summary identifies the previous year’s Rules and Regulations, and Special Electric Rules, APCo’s environmental expenses incurred and projected expenses for Service Regulations and Rates, and the aforementioned industry upcoming years. The staff performs two separate audits – one standards. audit of the filing itself and a second audit of the environmental Power System MRO activities consist of the restoration compliance plan. During the audits, the staff 1) reviewed and ver- of any system (transmission, distribution, communication, etc.) ified the accuracy of amounts reported in the filing, 2) ensured that and associated equipment (mechanical, hydraulic, electric, elec- the filing was in accordance with Rate CNP, 3) compared and tronics, etc.). MRO activities include performing routine duties researched significant budget variances, 4) determined if reported which keep the system and/or equipment in good working order. expenses were qualifying environmental expenses, and 5) request- Projects such as vegetation management, turbine inspection super- ed and reviewed additional information, as needed for a complete vision, pole replacement administration and system study analysis and thorough analysis of the filing. are good examples of proactive and preventative MRO programs. During FY-07, the staff visited 36 different sites and facil- Engineering ities with an emphasis on power quality issues and environmental technologies. The Electricity Section’s engineering staff is responsible for providing professional technical assistance and assessment of ALABAMA MUNICIPAL ELECTRIC AUTHORITY the Company’s electric system operating standards. Safety, relia- bility and quality control standards are reviewed for uniformity Pursuant to the provisions of Section 11-50A-25, Code of and engineering soundness. Operating tests and reports are also Alabama, 1975, as amended, the Commission reviews and assessed for informational content and technical integrity. The approves certain activities of the Alabama Municipal Electric staff engineer also attends training and educational seminars that Authority (AMEA). For the period October 1, 2006 through promote the highest technical and ethical standards for engineers, September 30, 2007, AMEA did not file any petitions with the scientists and technicians. Peer review activities are also conduct- Commission. ed by reading scientific publications and evaluating state-of-the-art technical research and development projects. Natural Gas Section Specifically, the staff engineer conducts monthly site vis- its, investigates service quality and reliability issues, responds to technical inquiries, reviews power generation performance, and The Natural Gas Section is responsible for the regulation monitors maintenance, repairs and operating (MRO) functions of of all publicly-owned natural gas distribution, transportation, stor- the power systems (power plants and distribution and transmission age, and intrastate natural gas and oil pipelines in Alabama, and grids). The engineering staff works on special projects (nuclear the monitoring of the Rate Stabilization and Equalization and decommissioning studies, FERC Energy Policy Act, etc.) and related programs for Alabama Gas Corporation and Mobile Gas assists with compliance and governance issues. Also, this staff Service Corporation. investigated the use of new technologies (hardware and software) in various applications; such as environmental matters including Rate Stabilization and Equalization (RSE) scrubbers, baghouses, selective catalytic reduction (SCRs), selec- ALABAMA GAS CORPORATION tive non-catalytic reduction (SNCRs), electrostatic precipitators (ESPs) and low nitrous oxide (NOx) burners), and utility automa- Each month this section examines the books and records tion (AMR, AMI, SCADA, etc). The engineering staff also of Alabama Gas Corporation (Alagasco), determines the return on researched alternative energy sources such as fuel cells, solar cells, average common equity for the preceding twelve-month period, synthetic fuels, biomass, bio-diesel and wind farms. and reports the financial and operational results of the previous 17 Energy Division month, including the return on average common equity, to the Mobile Gas also has an incentive program, the Cost Commission. It also graphically summarizes Alagasco’s recent Control Measure, under which it must keep growth in operation operating history. and maintenance expenses below a specified range, or face Under the RSE plan, the only time Alagasco can receive penalties. The section monitors this program to ensure that it is an increase is December 1. If the projected return, based on the conducted in accordance with the approved tariff. budget approved by the utility’s board of directors, is less than 13.15 percent, rates are increased December 1 to bring the return Local Distribution Companies at the end of the fiscal year to 13.4 percent. If the projected return is more than 13.65 percent, rates are decreased to bring the Another function of the Natural Gas section is to main- return to 13.4 percent. If the projected return is between 13.15 tain statistical data and keep the Commission informed on all and 13.65 percent, inclusive, no adjustment is made. Subsequent facets of the gas utilities’ operations. Under that function, the points of test, based on the projected return at September 30, can following reports are prepared regularly: yield only decreases or no change, effective April 1, July 1, and • Revenue and Expense Analysis October 1. The Natural Gas Section evaluated four RSE filings • Competitive Fuel Clause by Alagasco during FY-07. • Gas Supply/Purchased Gas Adjustment Effective Date Increase (Decrease) • Return on Average Common Equity

• December 1, 2006 $14,255,945 During FY-07, the Natural Gas Section was responsible • April 1, 2007 0 for evaluating and making recommendations to the Commission • July 1, 2007 0 on all matters pertaining to the following local distribution com- • October 1, 2007 0 panies: • Alabama Gas Corp. Alagasco also has an incentive program, the Cost • Mobile Gas Service Corp. Control Measure, under which it must keep growth in operation • Wheeler Basin Natural Gas Co. and maintenance expenses below a specified range, or face penalties. The utility has a real-time temperature adjustment that The section conducts its own investigations requiring adjusts bills for the effect of abnormally high or low tempera- examination of work papers, financial reports and other records. tures on the recovery of non-gas costs. The section monitors both of these programs to ensure that they are conducted in The findings are documented and evaluated in written accordance with the approved tariff. reports, and, when appropriate, meetings with officials of the respectiv