MCI Telecommunication, Inc. v. Alabama Public Service Commission

This appeal from an order of the Alabama Public Service Commission (APSC) relates to procedural issues and does not involve the substantive merits of the general rate case in which these circumstances arose. Rather, this Court must examine the jurisdiction of the APSC and determine whether the Commission had the authority to grant a motion for rehearing on a single issue of APSC Docket No. 18882 during the pendency of an appeal to this Court of the Commission’s final order in the “General Rate Case” portion of Docket No. 18882.

Under the provisions of a 1983 decision (United States v. American…