Alabama Power can keep charging steep rooftop solar fee, judge rules
In Alabama, a yearslong battle over one of the nation’s highest backup fees for residential solar customers may have finally come to an end.
A federal judge ruled last week that Alabama Power can continue charging its small solar customers one of the highest standby charges in the nation, dismissing a lawsuit that argued the fee was illegal under the Public Utility Regulatory Policies Act.
“I am frustrated that Alabama Power solar customers like me have to pay an extra monthly fee in order to reduce our power bills,” Mark Johnston, one of the plaintiffs, said in a news release after the ruling.
Solar advocates in Alabama say the fee, which charges customers with an average residential solar array around $39 per month, significantly stifles the residential solar market in the state by nearly doubling the payback time for a solar installation.
Alabama Power, which provides power to roughly two-thirds of the state, charges its customers that generate their own electricity a monthly fee of $5.41 per kilowatt of capacity installed.
The average size of a U.S. residential solar array in 2024 was 7.2 kilowatts, according to the Lawrence Berkeley National Laboratory. The fee would add $38.95 each month to the customer’s bill regardless of how much electricity the customer consumes or puts back on the grid.
Alabama Power says the fee is needed to cover costs of maintaining the grid when the solar panels aren’t producing, at night or in cloudy weather.
“Customers who rely on the grid must help pay for the grid,” the company said in an emailed statement. “We are pleased the court agreed with the Public Service Commission’s determination that customers who choose to use Alabama Power for backup service should pay their share of costs to maintain the grid.”
Johnston, an Episcopal priest and retired executive director of Camp McDowell, pays about $32 per month for his 6 kilowatt system.
“This charge discourages additional residential solar systems in the state, a source of clean, renewable power that decreases the use of fossil fuels,” Johnston said. “I want lower electricity bills and a better environment for my children and grandchildren.”
The Southern Environmental Law Center and Ragsdale LLC filed the lawsuit on behalf of customers paying the charge and environmental groups that argued the fee was unlawfully stifling the small-scale solar industry in Alabama.
The Alabama Public Service Commission and Alabama Power filed a motion to dismiss the challenge, granted Wednesday by Judge Annemarie Carney Axon, in the U.S. District Court for the Middle District of Alabama.
The SELC said it is examining the decision and its clients’ legal options.
“This is a disappointing day for Alabama Power customers who want to use solar energy to get relief from some of the highest electricity bills in the nation,” said Christina Tidwell, a senior attorney in SELC’s Alabama office, in a news release. “Not only are we missing out on the bill savings that could be realized through installing rooftop solar, but we’re also missing out on opportunities for job creation and economic development.”
Alabama Power has come under increased scrutiny for its high power bills in recent months.