FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES - EX PARTE ALABAMA POWER CO.
In Ex parte Alabama Power Co., [Ms. 0191421, Aug. 19, 2011] __ So. 3d __(Ala. 2011), the Supreme Court of Alabama granted Defendant Alabama Power's petition for a writ of mandamus directing a circuit court to dismiss Plaintiff Capitol's action for failure to exhaust its administrative remedies. Capitol sued Alabama Power for alleged tortious conduct arising out of Alabama Power's billing practices and overcharges. Alabama Power filed a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction arguing that the Alabama Public Service Commission has exclusive jurisdiction over Capitol's claims and that Capitol failed to exhaust its administrative remedies with the PSC before filing the action. The Court held that, under the relevant statutes, Capitol was required to exhaust its administrative remedies before filing suit. Therefore, the Court granted Alabama Power's petition.