Public Service Commission

Details

Remark Date

Remark Text

9/30/2026

Applicability. The following procedures are applicable to large load data center customers as defined by Act 610.

Submission Requirements. Alabama Power is required to: 1) file a Petition to Contract with Large Load Data Center (“Petition”) with the Secretary of the Commission; and 2) contemporaneously with the Petition, provide the Legal Division of the Commission and the Attorney General with the contract and required supporting documents (“Confidential Submission”). The Commission will post the Petition and make it available to the public. The Confidential Submission will not be available to the public.

The Petition shall include: 1) cover letter; 2) contract summary (including name of counterparty and parent entities, municipality or county where facility is located, and the maximum contracted electric capacity); 3) a summary of the methods utilized to ensure compliance with the “public interest” statutory and regulatory requirements; and 4) a certificate of service reflecting contemporaneous delivery of the Confidential Submission to the Legal Division of the Commission and the Attorney General.

The Confidential Submission shall include: 1) a complete copy of the contract, including all exhibits, attachments, and amendments; 2) a copy of the proposed contract, including all exhibits, attachments, and amendments, redacted to remove all confidential and proprietary information, along with a description of the basis for the redactions; 3) a detailed analysis demonstrating how the contract satisfies the requirements of Alabama Code § 37-4-22.1(b), including the estimated incremental capacity required to maintain reliability, the estimated cost of total incremental generation that should be allocated to the project, the estimated cost of bulk transmission that should be allocated to the project, customer-specific direct costs, estimated revenue under the contract for the term of the contract, Rate Impact Measure (“RIM”) test results, showing the comparison of the incremental costs of serving the contract capacity with the revenues generated by the contract over its term; 4) supporting documentation regarding the considerations set forth in Alabama Code § 37-4-22(c), including impacts on other customers' costs, power system efficiency, and economic development; and 5) contact information, including an email address, for the company representative who can respond to questions from Commission Staff or the Attorney General.

Decision and Review. Contracts submitted under this process shall be approved or disapproved through a Commission vote. The process would not call for a hearing or intervention. Because the Commission will vote on each Petition, the review period does not require a set time. However, Alabama Power should file the Petition and provide the Confidential Submission at least 120 days before the date the contract would become void for failing to meet the condition precedent of Commission approval. Alabama Power shall not informally submit information to Commission Staff or the Attorney General prior to filing the Petition. The Commission may vote on the Petition any time after the review is completed.

After the Petition is filed and prior to the vote, Commission Staff and the Attorney General may serve the Company representative with inquiries or data requests. Alabama Power shall use its best efforts to respond within five business days. Staff may communicate with Alabama Power about potential modifications to the contract. The Attorney General may request to be included in any communication between the Staff and Alabama Power and have access to all data requests from Staff, along with Alabama Power’s responses. The Attorney General may also offer suggested modifications to the contract. Staff will recommend approval or disapproval at a publicly noticed meeting.

Contract Review Standards/Required Terms and Conditions. The standards in Act 610 and FCR are sufficient without additional formal established requirements.

Compliance. Within ten calendar days of the effective date of this order, Alabama Power shall file a tariff that complies with the requirements of this order. The tariff shall include an effective date of not less than 30 calendar days from the date it is filed.