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ALA. ENVIR. COUNCIL v. ALA. PUBLIC SERVICE

1030046.

893 So.2d 287 (2004)

ALABAMA ENVIRONMENTAL COUNCIL, INC., and Southern Alliance for Clean Energy, Inc. v. ALABAMA PUBLIC SERVICE COMMISSION and Alabama Power Company.

Supreme Court of Alabama.

May 7, 2004.

Attorney(s) appearing for the Case

James J. Presswood, Jr., staff atty., Southern Alliance for Clean Energy, Inc., Atlanta, Georgia; and Byron Bart Slawson, Birmingham, for appellants.

Thomas D. Samford IV, Montgomery, for appellee Alabama Public Service Commission.

David R. Boyd of Balch & Bingham, LLP, Montgomery; and Dan H. McCrary, Gregory P. Butrus, and Ed R. Haden of Balch & Bingham, LLP, Birmingham, for appellee Alabama Power Company.

William H. Pryor, Jr., atty. gen., and Scott L. Rouse and Olivia W. Martin, asst. attys. gen., for amicus curiae State of Alabama, in support of the appellants.

Jeffrey E. Holmes of Adams & Reese/Lange Simpson, LLP, Birmingham; and Francis B. Semmes, gen. counsel, Alabama BellSouth Telecommunications, Inc., Birmingham, for amicus curiae BellSouth Telecommunications, Inc., in support of the appellee Alabama Power Company.

Wendell Cauley of Bradley Arant Rose & White, LLP, Montgomery; and J. David Woodruff, Jr., and Amy Watson Stewart, Alabama Gas Corporation, Birmingham, for amicus curiae Alabama Gas Corporation, in support of the appellees.

HOUSTON, Justice.

Alabama Environmental Council, Inc., and Southern Alliance for Clean Energy, Inc., appeal the order of the Alabama Public Service Commission denying their requests to intervene in proceedings before the Commission regarding the consideration for approval of a residential rate rider proposed by Alabama Power Company. We dismiss the appeal.

I. Facts

On March 26, 2003, Alabama Power Company ("Alabama Power") filed a proposed...

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