‘Lame duck’ commission: PSC candidates question who should decide Alabama’s data center future

As Alabama races to finalize new regulations for powering an influx of massive data centers, a heated political battle is brewing over who should be in the driver’s seat. With two Public Service Commission (PSC) members heading for the exit after primary losses, candidates from across the political spectrum are questioning whether the current commission should be defining the state’s energy landscape for years to come.

A Lame Duck Controversy

The PSC is currently navigating a public comment period regarding how the state will manage electrical agreements for large-load data centers. However, the commission is set to undergo a major transformation within six months. Two of the three sitting commissioners are out after losing their reelection bids, and the state's energy oversight is expanding to include a new secretary of energy.

Former state auditor and current PSC candidate Jim Zeigler, who defeated incumbent Chris Beeker in the June 16 primary, argues that the current board is compromised. “Two of them just got beat by your voters in the primary,” Zeigler said. “They are going out by popular vote. They don’t have any business setting the long-term procedures on how the PSC should be handling these things.”

The other Republican incumbent, Jeremy Oden, was ousted by Cullman County Sheriff Matt Gentry, who dominated the May 19 primary.

The Data Center Boom

The urgency stems from a wave of high-profile data center projects cropping up from Bessemer and Birmingham to Lowndes, Mobile, Montgomery, and Jackson counties. While the PSC aims to have new rules in place by October, the public comment window is set to close on Aug. 6, with reply comments ending Aug. 21.

Diverging Candidate Views

Zeigler’s Democratic opponent, Shelia McNair, agrees that the current commission should hit the brakes. “Rushing these massive energy contracts through right now would be a disaster for Alabama ratepayers,” she stated. McNair advocates for a more aggressive “Ratepayer Shield” approach, empowering local leaders to use zoning laws to manage the development.

Conversely, Democratic candidate James Gordon—who is running against Gentry—suggests the current commission can still fulfill its duty to hold hearings and gather public input. He noted, however, that the PSC’s role will shift toward an advisory capacity as the panel expands to seven members in January following Gov. Kay Ivey’s recent appointments.

National Pressure and Accountability

The debate aligns with a national push for AI infrastructure. President Donald Trump recently signed an executive order to accelerate data center development, and Southern Company has signed a voluntary Ratepayer Protection Pledge. Meanwhile, the gubernatorial race between Sen. Tommy Tuberville and Doug Jones continues to see heated rhetoric over whether these projects represent economic opportunity or a “dumping ground” for billionaires.

For now, PSC spokesperson Caleb Hicks maintains that the commission’s comment process is functioning, encouraging the public to engage. Those experiencing technical issues or seeking assistance with the submission process can contact the Secretary of the Commission at (334) 242-5218.