Ex Parte Alabama Power Company. (in Re Capitol Container, Inc. v. Alabama Power Company)

Summary

The court held that Capitol's claims concerning Alabama Power's failure to place it on, or advise it about, the most advantageous approved rate plan challenged a utility practice and service regulation within the Alabama Public Service Commission's exclusive jurisdiction. Because Capitol had not first pursued the available administrative remedies, the circuit court lacked subject-matter jurisdiction and was required to dismiss the action without prejudice. Justice Murdock, concurring in the result, agreed that the APSC had exclusive original jurisdiction but would focus on the nature of the dispute rather than the identity of the defendant and criticized the use of legal-expert testimony on jurisdictional law.