BEFORE THE

ALABAMA PUBLIC SERVICE COMMISSION

MICHAEL MOORE                                           
                             Complainant                        
                                                                               
                                                                                        Docket Number 33283
ALABAMA POWER COMPANY                  
                             Respondent                         
                                                                               

COMPLAINANT’S BRIEF IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT
And
RESPONSE TO ALABAMA POWER RESPONSE 

Alabama Power attempted to extort approximately $2000 from Michael Moore the Complainant, using the threat, PAY or ELSE, no service. Michael Moore the Complainant refused to PAY UP, SURRENDER THE FUNDS DEMANDED and service was not provided. Alabama Power, Mr. Cotney in his sworn affidavit admit to this illegal debt collections practices which is a crime under the laws of the State of Alabama and Federal Law, as collection of unenforceable and usurious debts. Alabama Power does not dispute or deny that it is operating a criminal enterprise, an illegal debt collection enterprise, which constitutes Racketeering under Federal law.

Mr. Cotney stated in his affidavit that the obligation, DEMAND TO REWIRE THE PREMISES AND FOR INSPECTION was created May 5, 2022,  6 minutes before the alleged email was received that it is base on. The only explanation is, TIME TRAVEL, Alabama Power knew the email was coming, or it is all fabricated to cover up Alabama Power’s illegal debt collection, extortion, racketeering enterprise.  In paragraph 7, Mr. Cotney stated that the company, FLAGGED, the obligation on May 11 th, 2022, not May  5th, 2022 as previously stated. May the 11 th, 2022 is the date that Mr. Moore refuse to pay the extortion demand made by Ms. Walton, an Alabama Power employee and that is the date that Ms. Walton, stated to Mr. Moore, he would never receive service.

Alabama Power has not submitted an affidavit from Ms. Walton, and it is apparent, her testimony is very important in this matter, as it was Ms. Walton that illegally demanded funds from Mr. Moore, it was Ms.  Walton that first stated there was a report and obligation, the house must be rewired, and it was Ms. Walton that made the decision to deny service to Mr. Moore, not Mr. Cotney! Ms. Walton, is subject to deposition and subpoena in proceeding before this court. Something Alabama Power seeks to avoid.

ma Power in its response asserts that there is no DOUBLE TOP SECERT Policy, “but rather rules set forth in the Company’s Rules and Regulations for electric service and the Commission’s General Rules – all of which are available on the Commission’s website and the Company’s website for the public to review”.  Yet, Alabama Power was not able to point to one single sentence, in any Alabama Power Rule on it‘s website or any Rule on the Commission’s website that allows someone, anyone, that has been or being ejected from premises, building or structure to order and direct, Alabama Power, to not provid electric services to those premises till those premises has been complete rewired! So where is this DOUBLE TOP SECERT POLICY that not even Alabama Power can point to with absolute clarity for all to see and be informed! This DOUBLE TOP SECERT POLICY will be one of the subjects, issues, claims in coming litigation.

SUMMARY

  1. Alabama Power has not denied it is operating a criminal, illegal debt collection enterprise, Racketeering.
  2. Alabama Power admits that it made demands for funds from Mr. Moore that he was not legally liability for with the threat to pay, surrender these funds, or be denied service.
  3. Alabama Power was unable to indentify or point to any policy that anyone may make a report and demand and instruct Alabama Power to not provided service to anyone.
  4. Alabama Power does not deny that the document, the alleged email, submitted to the Court was fabricated and that the alleged obligation as created 6 minutes before Alabama Power received the alleged email, that the obligation is based on.
  5. Alabama Power admits that the obligation, retaliation, that the premises be rewire, was only created after Mr. Moore refuse to pay, surrender the extortion funds demanded.
  6. Alabama Power admits it has no actual knowledge of any fire or faulting wiring at 6113 Castle Heights Rd Morris Alabama.

Alabama Power needs this Court to approve of and find that its illegal debt collection enterprise which Alabama Power asserts is part of its official rules and policies, and such policy is directed by and mandated by the State of Alabama. Thus creating a defense that Alabama Power may use in coming Federal Court litigation. This is needed to shift the responsibilities for the racketeering and illegal debt collection practices, including the financial and political liabilities to the State of Alabama. It is that simple!

Alabama Power needs this Court to create a policy, which allows anyone to make reports, and demand and instruct Alabama power to deny service to someone, to cove up its retaliation in its illegal Debt collection practices, extortion, as to Mr. Moore. Alabama Power needs a State of Alabama officially approved policy to use as a defense in coming litigation.  But Alabama Power fails to realize, be careful what you wish for, such a policy will result in ten of thousand of such reports and law suits.

CONCLUSION

This is only one conclusion; Alabama Power is an admitted criminal enterprise, engaged in illegal debt collection practices.  Alabama Power attempted to extortion funds from Mr. Moore and retaliated as it said it would do, when Mr. Moore refused to surrender the funds demanded. Then created, fabricated an obligation, that his home must be rewired before service would be provided, and then fabricated documents and submitted these documents to this Court including an alleged email, and documents citing an obligation that was created 6 minutes before the alleged email was received that the obligation is based on.  As well as Mr. Cotney testimony that the alleged obligation was process on May11 th not May 5th! This is no policy, no email, only an extortion demand and retaliation!

Ten of thousands of people in Alabama Powers service area has been subjected to this illegal debt collection practices, racketeering.  Millions maybe hundreds of millions of dollars have been extorted from people and businesses in Alabama as a result of this racketeering. Most people lack the ability to litigate this matter, and it is simply too expensive to hire an Attorney and contest these extortion demands. But this time, this subject of the extortion demands would not submit and was and is prepared to litigate this matter and this is just getting started!

DUE PROCESS

Mr. Moore has pointed out several times Alabama Powers demand that this court deny all due process to Mr. Moore as required in the Alabama Rule of Civil Procedure, as required by the Constitution of Alabama and the U.S. Constitution, that demands continues.  So far, Alabama Power has been allowed to submit testimony of Mr. Cotney, but Mr. Moore has not been permitted any cross examination of Mr. Cotney or the right to subpoena Ms. Walton and documents.

Mr. Moore was not served with Alabama Power response to his motion for Summary Judgment and Mr. Moore only become aware of Alabama Power response after checking the Alabama Public Service Commission’s Website on April 18, 2023. But, really, should anyone one expects any less from a Marxist Monopoly that believes its self about all laws, and all Courts!


18 U.S. Code § 1962 unenforceable and usurious debt
(b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce

 

The above Class Acton, suit[s], has not been file, but is being planned; this site will be updated with additional information.
AlabamaPowerClassAction.com  

AlabamaPowerClassAction@mail.com