The Southern Environmental Law Center, Energy Alabama and Gasp appreciate the opportunity to respond to the Alabama Public Service Commission’s “Commission”) order seeking comments on jurisdictional and deployment scenarios associated with electric vehicle charging stations (EVCS). The electrification of our transportation sector comes with significant potential benefits for electric utilities and consumers in Alabama. For these reasons, which we discuss in detail below, we strongly support the transition to an electrified transportation sector, and respectfully encourage the Commission to do what it can to reduce barriers to electric vehicle adoption and ownership in the state. We believe that the Commission has a role to play in ensuring that this transition occurs in a way that maximizes benefits to the electric system and to the people of Alabama.
A thorough analysis of Alabama statutes and case law reveals that under all of the above scenarios, subjecting these companies to regulation as a public utility would not make sense. EV charging stations do not constitute a plant, property or facility for the generation, transmission or distribution, sale or furnishing of electricity; rather, these companies are offering a discrete and limited charging service.
Note: Title 37 is the act that specifies the above.
Commentary: if we are generating our own power to run the charging station then we probably can’t use this proposed exclusion.
Tesla – doing a little research it looks like Tesla’s most recent V3 charging stations have significant solar/battery components. I can’t tell if it’s self-sufficient. Probably not. Most are V2 that sometimes have solar panels to ‘offset power costs and provide shade.’