Silence Counts.
The Public Service Commission adopted a new review process for Alabama Power’s data center contracts. If commissioners do not vote within 90 days, the contract takes effect anyway.
The Alabama Public Service Commission voted unanimously Tuesday to adopt a new process for reviewing electricity contracts between Alabama Power and data centers.
Alabama Power must now publish a summary of each agreement giving the facility’s location, information about the company, the maximum electricity the data center will use, and how the utility will make sure the center meets public interest requirements. Redacted versions of the full contracts, with the terms, exhibits and Alabama Power’s own analysis of capacity, cost and generation, go to the commission and the Attorney General’s Office.
The commission then has 90 days from Alabama Power’s filing to vote. If it does not, the agreement is approved automatically. Under the old process, commission staff reviewed contracts and usually recommended approval, and agreements took effect unless commissioners stepped in within 10 days. Commission President Cynthia Almond said the size of the facilities, their power use and public concern made a public vote important. Her amendment set the 90-day deadline after Commissioner Chris Beeker said the draft rules named no time limit. The Attorney General’s Office had argued that the law requires a vote on every contract. Executive Director Luke Bentley IV said he did not agree. Energy Alabama’s Daniel Tait noted that under the new rule, silence still counts as approval.
Alabama Power says it will keep requiring large data center customers to cover the full cost of their service so costs do not shift to existing customers. The vote follows a spring law, SB 270, that lets the commission weigh a data center’s economic effect on communities. In the governor’s race, Democrat Doug Jones has called for a one-year moratorium on new data center construction, and Republican Tommy Tuberville wants data centers to pay for their impact. Issue #17 covered the commission’s approval of a Meta-funded solar project in Macon and Bullock counties.
Ninety days is a long time to stay tuned.
Source: Alabama Reflector, Oct. 7, 2026