BIRMINGHAM, Ala. (WBRC) – A recording obtained by WBRC pulls back the curtain on legislation that would strip voters of the right to elect the Alabama Public Service Commission (APSC), which sets your utility rates. HB392 would transition the APSC from elected to appointed, which would start in November 2028 with the APSC President. If passed, the November 2026 APSC election for 2 associate positions would be the last election.

The recording is a call between Alabama Power’s Government Affairs Director R.B. Walker, a registered lobbyist, and Energy Alabama’s Policy Manager and registered lobbyist, John Dodd.

Alabama Power is a monopoly utility provider which is regulated by the APSC. Energy Alabama is a nonprofit that advocates for clean, affordable energy.

To date, Alabama Power’s involvement in this bill has been unclear. WBRC has made numerous requests to determine Alabama Power’s position on transitioning to an appointed board. At the time of publication, Alabama Power had not responded.

Listen to the call here.

The Call

The call was initiated by Walker on January 27, 2026, more than a week before the bill was introduced.

Walker largely drives the conversation and highlighted a legislative win for Energy Alabama on a bill that would transition the ASPC to an appointed body.

“If y’all are looking for a legislative victory, like, I think this is a whopper,” Walker said to Dodd.

Walker opened the call discussing the November 2026 APSC elections.

Walker: So we’re not going to try to mess with that election. But, you know, just moving forward after that, you know, the thought was, you know, a different a different way of getting [APSC] commissioners. And so, you know, it’s not something I can be anywhere near. You know, we’re fine with the way it is now. But, you know, somebody brought that up as an option.

Walker later referenced the election again later in the call, which was days after the qualification period ended for the upcoming ASPC election. Nearly a dozen people qualified to run for 2 associate positions.

Walker: A legislator asked me, is this something we should – because they saw, I don’t have to say his name, but, you know, we saw some crazy people qualify for the [APSC].

Dodd: Yeah.

Walker: Who would not necessarily, who would not be warm and cuddly with environmental groups and would not be warm and cuddly with us. I mean, we’re going to be able, we’re going to try to work with whoever gets over there. That’s our posture, you know.

Dodd: Likewise.

Walker: But if there’s a, if there’s a way that could, we, there could be better people on the [APSC] that would allow us to do long range planning, even, I would be open with working with y’all on that too, John.

Walker references conversations about the bill with Rep. Neil Rafferty, D.

Walker: I took it to Neil and I also mentioned it to Bradley Davidson, just because he and I had the same conversation. But you know, if that was going to work, it would need to be – and so I just – I was just trying to give Neil a win you know. Neil’s thought was, he would want [Energy Alabama’s] support for it, which I agree with. You know, y’all are very important to Neil and his district and stuff like that. So, you know, my thought was, let’s you know, let’s let y’all have a win. I was thinking about it. You know, y’all could say bad stuff about us and we could say bad stuff about y’all in the press. But, you know, but that, you know, this might be in the best long-term interest of customers, which is probably the only thing that we can agree on.

Walker circles back to a conversation with Rafferty later in the call.

Walker: I was hoping that this would be an idea that came from Neil to y’all, and we would just shut up about it and we could grumble about it behind the scenes. Y’all could take a victory lap. But since other people know about it, it’s a situation I need to get in front of. So, I mean, why don’t we do this? Why don’t we let Neil do whatever he wants to do? He told me he’s going to meet with you. He knows I’m talking to you.

Rafferty confirmed to WBRC he spoke to Alabama Power about this after New Mexico transitioned from an elected to appointed utility commission. Voters ratified the measure in 2020. Rafferty said nothing came of it then, but the conversation came up again. Rafferty is not a bill sponsor.

Walker offered to work with Dodd on messaging around the legislation, noting it would look ‘funny’ if Alabama Power was involved in something like this.

Walker: I would like to work with you on our messaging and your messaging on it. And, you know, because I think that ultimately this is something that we would both just be fine with. You know, I mean, again, we’re fine leaving it the same. But, you know, I just need to know something this morning.

Later Walker offered to take various positions on the bill.

Walker: I’ll tell my people we’re opposed to the bill, you know, if that helps y’all. Or I can just say, I mean, right now, our posture on anything having to do with the [APSC], we’re going to be neutral on.

Bill Sponsors

Thursday, WBRC asked bill sponsor Rep. Chip Brown whether Alabama Power was involved in HB392.

“My understanding is they’re neutral on this,” Brown responded. “You know, this idea came out of the people in my district talking to me, talking to other members.

When asked if Alabama Power had spoken to him about it, Brown said, “No, other than they’re neutral on about it.”

In the call, Walker notes the positions would be appointed by the governor and confirmed the by the Senate.

Walker: But if it’s Senate confirmable, then that gives guys like Bobby Singleton and Marika, Kirk Hatcher, and people like that, way more of a say in who the commissioners are.

Sen. Bobby Singleton, D, is a bill sponsor. Singleton told WBRC the day the bill dropped he wanted to use this opportunity to leverage a Democrat or a minority on the ASPC.

“We all get a chance to vote, but all of us are not represented,” stated Singleton. “I’m trying to get something where there’s diversity, where there’s a representation. I want my population in the state to be able to say that there’s a Public Service Commission person who’s on there that represents my interests. Right now, I don’t feel that way.”

When WBRC asked Singleton if Alabama Power had spoken to him about the bill, Singleton said no.

“I haven’t,” Singleton stated. “I don’t feel like I have to talk to Alabama Power.”

Singleton stated, “everyone thinks that the power company controls the [APSC]”. When WBRC asked if that was his position, Singleton said he didn’t know.

“If the power company has influence on the [APSC], then I’m willing to take that away from them, Singleton responded. “The big, bad power company, yes. I’m willing to take that away from them.”

Avoiding a Fight

Twice during the call, Walker tells Dodd he would like to avoid a fight.

Walker: Let’s just keep talking, okay? Let’s try to avoid a big ole fight, you know?

Dodd: Absolutely. Yeah, I don’t want a, I don’t want a big ole fight. So I’m right there with you, man. I promise.

Walker: Okay, great. Well, like, let’s – if anything shows up on Twitter or something like that, I would consider that a fight.

Dodd: Absolutely. I don’t control the tweets, but I will, I will…

Walker: I understand.

Dodd tells Walker he needs to speak with others about this bill but says it’s unlikely Energy Alabama would support it.

Dodd: But I’m going to go ahead and tell you what I think it’s going to be. And don’t kill the messenger. I think we’re going to oppose it, you know, if something like this comes up. Just from the look of it, we’re not involved with elections. I mean, we really don’t care, you know, too much if, like, if elections change, we wouldn’t have…we’d have less to do. Like, we’ve never had anything to do with elections in the first place. But from the framework of how the PSC is elected right now, you know, we don’t have a problem with it. So I think that’s going to be our stance.

Energy Alabama’s Executive Director Daniel Tait confirmed the authenticity of the recording, stating Dodd received an unexpected call from Walker.

“Once we confirmed the caller’s identity, we recorded the conversation to protect our staff and organization and to ensure an accurate record of what was said, Tait said in a written statement provided by Energy Alabama. “Given the unexpected nature of the call and Alabama Power’s long history of opposition to our work, we believed it was prudent to document the interaction in case the conversation was later mischaracterized, taken out of context, or if our staff was threatened.”

Tait says Energy Alabama shared the call with legislators because it raised concerns.

“We shared the contents of that call privately with some legislators because it raised serious concerns, specifically, inconsistencies with Alabama Power’s non-public claims about support for the bill and its attempt to persuade Energy Alabama to back it,” Tait stated.

Latest on the Bill

Thursday the bill was on the House calendar for a vote, but was removed shortly before the session gaveled in. House Speaker Nathaniel Ledbetter says the House had the votes but the Senate did not, noting he was unsure if it would be back on the calendar.

Wednesday Jefferson County Senator Linda Coleman-Madison, D, one of the sponsors of the bill withdrew her support.

“Looking back at history, Alabama has never elected a minority to serve on the Public Service Commission; the rationale to change to an appointed commission was to leverage the opportunity to get a minority appointed,” Coleman-Madison explained.

Representative Susan Dubose, R, who is also a bill sponsor said Friday on social media that had the House voted, she would have voted no.

“It was too fast and as an original sponsor of the bill, I expressed my concern, Dubose wrote on social media Friday. “I wanted time to listen and discuss with my constituents and citizens across the state. Leadership made the decision to take the bill off the calendar, and it was the right decision. Had we voted for the bill yesterday, I would have been a NO vote.”

Thursday, Brown told reporters he believes HB392 is a way to reduce costs by appointing a professional commission.

“Alabama has the highest utility rates in the southeast, the people in my district live paycheck to paycheck,” Brown explained. “This is all about trying to get our rates down. It’s about a Public Service Commission that’s been failing the state of Alabama for over 100 years.

In November, a WBRC investigation revealed Alabamians pay some of the highest power bills in the country. The day after the investigation, Alabama Power petitioned the APSC to freeze rates for the next two years, which was promptly passed. You can read more of our reporting on the Price of Power here.

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Thousands of residents across parts of Georgia and Alabama have been urged to stay inside, as of Sunday, February 15, at 4.30 a.m. (ET). This is because a pocket of fine particle pollution (PM2.5) has reached “unhealthy” levels, according to the Environmental Protection Agency (EPA) and its AirNow map—which monitors and communicates the quality of air across the United States. 

Areas Affected by PM2.5

According to the AirNow map, in Georgia, the city of Columbus and nearby communities like Buena Vista and Hamilton, and also parts of the Georgia State Route 185, are under “unhealthy” air quality warnings.  

In Alabama, the towns and cities of Auburn, Pittsview, Eufaula, and Hurtsboro have also received the same warning. 

Advice for Those in ‘Unhealthy’ Air Quality Areas 

When the quality of air reaches “unhealthy” levels, the EPA advises everyone living in affected areas to limit their exposure to the outdoor air until conditions improve. 

They should reduce the length and intensity of all outdoor activities—like walking instead of running, for example—but those in vulnerable groups, which include the elderly, children, and people with existing heart or lung conditions, should avoid outdoor activities altogether.

What Is PM2.5? 

PM2.5 are tiny particles of airborne pollution that are considered, by the EPA, to be one of the most dangerous types. This is because the polluted particles are so small—2.5 micrometers, or less—they can be unknowingly inhaled, entering deep into the lungs, or even the bloodstream, worsening health conditions like asthma, or triggering symptoms ranging from chest tightness and shortness of breath, to coughing, sneezing, and eye, throat, and nose irritation. 

The EPA hasn’t confirmed what could be causing elevated levels of PM2.5 across Georgia and Alabama at the time of publishing, but it can come from multiple sources. These include emissions from vehicles and power or industrial plants, dust from unpaved roads and construction sites, or smoke from wildfires or smokestacks. 

How the EPA Measures Air Quality

The EPA measures air quality across America using the Air Quality Index (AQI). The AQI is a standardized scale, ranging from 0 to 500, that measures and categorizes the quality of air from “good” to “hazardous.” 

• Good (0-50): Air quality is fine and poses little or no health risk to the public.

• Moderate (51-100): Air quality is acceptable, but there could be a moderate health risk for a small number of people who are unusually sensitive to air pollution.

• Unhealthy for Sensitive Groups (101-150): Members of vulnerable groups—including children, older adults, and people with heart or lung disease—may experience adverse health effects, while the general public is less likely to be affected.

• Unhealthy (151-200): Everyone may begin to experience health effects, and members of vulnerable groups may experience more serious effects.

• Very Unhealthy (201-300): When air quality reaches these levels, it triggers a health alert, as the risk of health effects is increased for everyone.

• Hazardous (301-500): A health warning of emergency conditions is raised, as the entire population will be more than likely affected.