Capitol Container, Inc. v. Alabama Power Co.

This case concerns a failure by Alabama Power Company to advise a commercial customer that the rate plan under which it had operated for some time, and which at one time was the “correct” rate plan for that customer, is no longer so in light of changes in the customer’s business operations. The complaint in this case does not allege that the rate charged by Alabama Power Company is “illegal” or otherwise impermissible, i.e., a rate that cannot be lawfully charged to the customer. Nor has there been a showing that the rate charged is unlawful as applied to the customer. As best I can discern,…