Alabama Attorney General Steve Marshall believes that the construction of new data centers can be an economic opportunity for Alabama if it’s done in a responsible way.

The issue of new data center construction has been divisive as several cities across Alabama have been placing moratoriums on new data center projects this year, including Fort Payne, Cullman, Birmingham, Leeds, and Homewood.

Marshall discussed the issue recently on Fox Business Network’s “Maria Bartiromo’s Wall Street.”

“What we’re seeing is that Alabama consumers want to make sure that energy prices don’t go up,” Marshall said. “Their cost to pay for water doesn’t go up as a result of the development of data centers, and our Public Service Commission is now examining how it is that we ought to go about examining to make sure that consumers are protected in both those areas.”

The PSC review Marshall referred to is a docket on how the commission will approve power contracts between providers and data centers. His office has already weighed in.

In comments filed August 6, Olivia Martin, chief of the attorney general’s consumer interest division, wrote that commissioners must vote on every large-load contract themselves and that the 1996 order allowing PSC staff to approve them without a vote is “ultra vires and invalid.”

The filing came the same day the commission held a hearing on Spire Alabama’s rates. That proceeding exists because Marshall’s office and the company could not agree on terms in talks that began in January, and it is the first time in roughly 40 years the state has moved to lower a gas utility’s authorized profit.

The attorney general asked the PSC to cut Spire’s return on equity to 9.2%, against the 10.5% the company requested, and commissioners vote on it Tuesday.

Marshall, who finished third in the May Republican primary for U.S. Senate, is term-limited and leaves office in January.

In the interview with Fox Business, Marshall said he thinks Alabamians will be more supportive if there is “transparency.”

“As the advocate for consumers, we likewise want to weigh in, believe in transparency and the information that’s disclosed from our energy providers, and believe that they’re on board to make sure this works right for consumers,” he said. “I think we can always do a better job of messaging exactly what the data centers are providing and what it is that we’re doing.”

“From the regulator’s perspective, however, we have to make sure that we are leveling the playing field to make sure that consumers have a clear understanding that nothing that will go on the development of data centers will impact the bottom line,” he added. “When costs are rising, they want to make sure that they are not paying the price for the economic development in communities, and I believe that we’re on the forefront in Alabama, making sure that’s taking place.”

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Democrat gubernatorial nominee Doug Jones has called for a one-year moratorium on building new data centers, while Democrat U.S. Rep. Terri Sewell (D-Birmingham) co-sponsored a bill that would put a temporary ban in place nationwide.

Marshall doesn’t believe that’s the right approach.

“I think consumers want to know what the answer is here,” he replied.

“They want to make sure that government officials are being responsive, that energy officials understand their concerns. In Alabama, I think we’re making sure that’s right, and we’re going to continue to advocate to make sure that consumers aren’t impacted, but we have the opportunity to be able to say that Alabama is open for business.”

Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on X @Yaffee