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A conversation with Frank Maisano of Bracewell

Today’s Q&A is with Frank Maisano, one of the most sought-after energy lobbyists in Washington. Maisano, a Beltway veteran who has worked in Congress as well, has a long history with me that goes back to the earliest days of my environmental reporting career. So when I helped author a story for Heatmap this week about the budget risks to the Inflation Reduction Act, he reached out and asked if he could give me his take: that our reporting missed the mark.
Naturally, I asked if I could publish the whole thing in my newsletter, because what good is a lobbyist’s words if they aren’t written down? The following is an abridged version of our conversation, lightly edited for clarity.
Frank, once again, thanks for taking the time to reach out and tell us why we’re wrong. Let’s start with my burning question: tell me why?
Well I don’t know that everything you wrote about is wrong, but I think historical perspective is important here. Unfortunately when you’re as old as I am, and have been involved in this game as long as I have, you know from things that happened before that everything is not new again.
When I worked on the Appropriations Committee in 1994, 1995 and Republicans took over with House Speaker Newt Gingrich, many of these types of budget-cutting plans were in place. At the time, Republicans didn’t have total control because Clinton was president, but Project 2025 isn’t just Project 2025. It was Project 2005. It was Project 1985. The Heritage Foundation has been making these proposals every year for the 40 years I’ve been around. I’d just want to remind people of the operational historical context for how Congress works and how folks have been trying to do this for years.
I was talking to somebody the other day and I said, Talk to me in December of this year. Because in December of this year, a lot of this hyperbolic symbolism and walking people out of agencies — all of this will be over. Congress will have spoken and we’ll have a better sense of the true direction they’re going in.
I’m not going to say there won’t be significant cuts. I suspect there will be reductions in government spending. But it’s certainly not going to be as harried, frantic, and news-splashed as we’re seeing now.
Do you actually think these Republicans who signed onto a letter defending the Inflation Reduction Act will stand by these statements when a final bill comes for a vote?
Are you asking if the 21 will stand by the statements?
Yeah, I mean, the point of our story was to say the budget math matters more than that and there’ll be a choice between tax cuts and saving more of the IRA.
Like I said, when we went through this in 1994, you would think the budget math mattered more, but it never does. Once people start lobbying and start advocating for their own constituencies, local projects, I think you’re going to see a significant trimming of the attitude.
There’s a few people who, budget be damned, will be in the ‘let’s cut everything’ book. I don’t think that’s a majority of the [Republican] caucus, though, especially when you look at provisions of the IRA. There are many provisions of the IRA that are how Republicans have done energy policy for years. There were provisions in the bipartisan infrastructure law that were how Republicans have done energy policy for years.
Has every Republican supported it? No. Are there certain loud voices on the budget hawk side? Absolutely. Do either of those sides have a full measure of support that’s going to pull someone like a tug of war over to the other side? Most likely not. There’s going to have to be an internal party agreement but also an internal congressional agreement which I think will tend to pull this budget hawk-ness further away from the absolute spending cuts they want to impose.
Do you think the administration’s views on wind, solar, or battery storage deployment will matter when it comes to the fate of the IRA?
They may have a specific view. But a lot of it is out of their hands. The market has made decisions already. Utilities, investor-owned, even rural co-op utilities have made decisions already in balancing their generation sources.
I don’t think any sort of administration policy to X one off or close it out is probably that viable. Especially in the sense where we need all the energy we can get.
Demand takes control of the policy levers. We saw this with the Biden administration on oil and gas where they tried mightily to reduce our output, but then 2022 came around and they felt compelled to push more development and then we had record development under the Biden administration.
I think we’re going to see similar energy trends in this administration with the policy levers the administration is less interested in. Let me give you an example: I think offshore wind is going to still be able to play a role in meeting that energy demand. Look at what’s happening in the Northeast, and in Virginia, where they have incredible energy demand projections. Offshore wind along with natural gas along with some nuclear are [together] going to play a role in how we meet that demand in the future. Even if the administration pushes back on offshore wind, [Republican Virginia Gov.] Glenn Youngkin sees it as a part of his mix and that is a powerful force. I see that offsetting some of the policy push preferences this administration might have.
I know in the ‘90s you were involved in navigating this, but I’m still wondering after all this if the budget math we brought up in our story and parliamentary procedure will matter…
It certainly does matter and it’s certainly one way to look at it. But Congress has a way of coming to a deal.
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The cloak-and-dagger approach is turning the business into a bogeyman.
It’s time to call it like it is: Many data center developers seem to be moving too fast to build trust in the communities where they’re siting projects.
One of the chief complaints raised by data center opponents across the country is that companies aren’t transparent about their plans, which often becomes the original sin that makes winning debates over energy or water use near-impossible. In too many cases, towns and cities neighboring a proposed data center won’t know who will wind up using the project, either because a tech giant is behind it and keeping plans secret or a real estate firm refuses to disclose to them which company it’ll be sold to.
Making matters worse, developers large and small are requiring city and county officials to be tight-lipped through non-disclosure agreements. It’s safe to say these secrecy contracts betray a basic sense of public transparency Americans expect from their elected representatives and they become a core problem that lets activists critical of the data center boom fill in gaps for the public. I mean, why trust facts and figures about energy and water if the corporations won’t be up front about their plans?
“When a developer comes in and there’s going to be a project that has a huge impact on a community and the environment – a place they call home – and you’re not getting any kind of answers, you can tell they’re not being transparent with you,” Ginny Marcille-Kerslake, an organizer for Food and Water Watch in Pennsylvania, told me in an interview this week. “There’s an automatic lack of trust there. And then that extends to their own government.”
Let’s break down an example Marcille-Kerslake pointed me to, where Talen Energy is seeking to rezone hundreds of acres of agricultural land in Montour County, Pennsylvania, for industrial facilities. Montour County is already a high risk area for any kind of energy or data center development, ranking in the 86th percentile nationally for withdrawn renewable energy projects (more than 10 solar facilities have been canceled here for various reasons). So it didn’t help when individuals living in the area began questioning if this was for Amazon Web Services, similar to other nearby Talen-powered data center projects in the area?
Officials wouldn’t – or couldn’t – say if the project was for Amazon, in part because one of the county commissioners signed a non-disclosure agreement binding them to silence. Subsequently, a Facebook video from an activist fighting the rezoning went viral, using emails he claimed were obtained through public records requests to declare Amazon “is likely behind the scenes” of the zoning request.
Amazon did not respond to my requests for comment. But this is a very familiar pattern to us now. Heatmap Pro data shows that a lack of transparency consistently ranks in the top five concerns people raise when they oppose data center projects, regardless of whether they are approved or canceled. Heatmap researcher Charlie Clynes explained to me that the issue routinely crops up in the myriad projects he’s tracked, down to the first data center ever logged into the platform – a $100 million proposal by a startup in Hood County, Oregon, that was pulled after a community uproar.
“At a high level, I have seen a lack of transparency become more of an issue. It makes people angry in a very unique way that other issues don’t. Not only will they think a project is going to be bad for a community, but you’re not even telling them, the key stakeholder, what is going on,” Clynes said. “It’s not a matter of, are data centers good or bad necessarily, but whether people feel like they’re being heard and considered. And transparency issues make that much more difficult.”
My interview with Marcille-Kerslake exemplified this situation. Her organization is opposed to the current rapid pace of data center build-out and is supporting opposition in various localities. When we spoke, her arguments felt archetypal and representative of how easily those who fight projects can turn secrecy into a cudgel. After addressing the trust issues with me, she immediately pivoted to saying that those exist because “at the root of it, this lack of transparency to the community” comes from “the fact that what they have planned, people don’t want.”
“The answer isn’t for these developers to come in and be fully transparent in what they want to do, which is what you’d see with other kinds of developments in your community. That doesn’t help them because what they’re building is not wanted.”
I’m not entirely convinced by her point, that the only reason data center developers are staying quiet is because of a likelihood of community opposition. In fairness, the tech sector has long operated with a “move fast, break things” approach, and Silicon Valley companies long worked in privacy in order to closely guard trade secrets in a competitive marketplace. I also know from my previous reporting that before AI, data center developers were simply focused on building projects with easy access to cheap energy.
However, in fairness to opponents, I’m also not convinced the industry is adequately addressing its trust deficit with the public. Last week, I asked Data Center Coalition vice president of state policy Dan Diorio if there was a set of “best practices” that his large data center trade organization is pointing to for community relations and transparency. His answer? People are certainly trying their best as they move quickly to build out infrastructure for AI, but no, there is no standard for such a thing.
“Each developer is different. Each company is different. There’s different sizes, different structures,” he said. “There’s common themes of open and public meetings, sharing information about water use in particular, helping put it in the proper context as well.”
He added: “I wouldn’t categorize that as industry best practice, [but] I think you’re seeing common themes emerge in developments around the country.”
Plus more of the week’s biggest renewable energy fights.
Cole County, Missouri – The Show Me State may be on the precipice of enacting the first state-wide solar moratorium.
Clark County, Ohio – This county has now voted to oppose Invenergy’s Sloopy Solar facility, passing a resolution of disapproval that usually has at least some influence over state regulator decision-making.
Millard County, Utah – Here we have a case of folks upset about solar projects specifically tied to large data centers.
Orange County, California – Compass Energy’s large battery project in San Juan Capistrano has finally died after a yearslong bout with local opposition.
Hillsdale County, Michigan – Here’s a new one: Two county commissioners here are stepping back from any decision on a solar project because they have signed agreements with the developer.
A conversation with Save Our Susquehanna’s Sandy Field.
This week’s conversation is with Sandy Field, leader of the rural Pennsylvania conservation organization Save Our Susquehanna. Field is a climate activist and anti-fossil fuel advocate who has been honored by former vice president Al Gore. Until recently, her primary focus was opposing fracking and plastics manufacturing in her community, which abuts the Susquehanna River. Her focus has shifted lately, however, to the boom in data center development.
I reached out to Field because I’ve been quite interested in better understanding how data centers may be seen by climate-conscious conservation advocates. Our conversation led me to a crucial conclusion: Areas with historic energy development are rife with opposition to new tech infrastructure. It will require legwork for data centers – or renewable energy projects, for that matter – to ever win support in places still reeling from legacies of petroleum pollution.
The following conversation has been lightly edited for clarity.
Given your background, tell me about how you wound up focusing on data centers?
We won a fight against a gas plant in fall of 2023. We started saying, Instead of focusing on what we don’t want, we’re going to start focusing on what we do want. We were focusing on supporting recreational projects in our area, because this is an area where people come to hike and camp and fish. It’s a great place to ride your bike.
Then, all of the sudden, people were saying, What about these data centers?
At first, it seemed benign. It’s like a warehouse, who cares? But we started to learn about the water use concerns, the energy use concerns. We learned about the Amazon one that’s connected to Three Mile Island, which is responsible for turning it back on. We learned about one in Homer, Pennsylvania, where they’re taking a former coal plant and converting it into the largest gas plant in the country in order to power a data center. The people in that area are going to get the pollution from the enormous power plant but none of the power. It started to be clear to us that, again, behind these projects is a push to build out more fracking and gas in Pennsylvania.
From a climate change point of view, this is exactly the wrong perspective. We’re running in the wrong direction. Between water usage, and this energy usage, people are becoming alarmed that the burden will be on us and data centers will be just another boondoggle.
The last thing I’ll say is that there is nothing right now in American politics that is reaching across the aisle. Our communities are coming together. Everybody – Democrats, Republicans – to fight these things.
This is also the only thing I’ve ever worked on that people hate more than plastics.
It sounds like how you learned about these projects was, it began as an anodyne issue but you began to hear about impacts on water and energy use. When I talk to people in the development space, some will call anybody who opposes development NIMBYs. But I’m feeling like this is an oversimplification of the problem here. If you had to identify a principle reason so many people are opposing data centers, what would be the big overarching motive?
I think it seems rushed. People are concerned because it's like a gold rush.
A gas-fired power plant takes five years to build. They’re talking about data centers right now. Where is that power coming from? The whole thing feels like a bubble, and we’re concerned that people are going to invest into communities, and communities will be accepting them only to be left with stranded assets.
When I hear you bring up the principle reason being speed, I hear you. Power plants take years. Mines take years. So do renewable energy projects. Help me get a better understanding though, how much of this is purely the speed –
They’re taking people by surprise.
Take into account where we are. We live by the Susquehanna River, the longest non-navigable river in the world. It doesn’t have a lot of industry on it because it’s too shallow, but we drink from the river and we’ve just gotten it clean. The river was so low this past year that historic structures were beginning to be visible that I’ve never seen, the entire time I have lived here. That was because of a drought.
Now, add to that a couple of data centers pulling millions of gallons of water a day and only putting a portion back in, with who knows what in there. People here are saying that back in the day this river was filled with coal dust, and then we had fracking, so its… enough is enough. Let’s put something into rural communities that will actually benefit us.
The small townships [deciding] don’t know enough about data centers to plan for them. So we’re trying to make sure they’re prepared for managing them. We go to these townships being approached and encourage them to have a protective ordinance that allows them to define parameters for these things. Setbacks, water use rules, things like that.
To your point about NIMBYs – there are a few around here who really are. But there are others who really do just have concerns about how this is a bad idea and we’re rushing in a direction we don’t want to go for our state. They felt this way about fracking, about advanced plastics recycling too, for example. It wasn’t that people didn’t want the projects in their backyards – it’s that they didn’t want them anywhere. Labeling us as NIMBYs or whiners or gripers is unfair.
On that note, I can’t help but notice that these efforts to get protective ordinances on data centers are happening as opponents of renewable energy are doing the same thing. Are you at all concerned that this increased scrutiny towards land use will lead to greater restrictions on renewables alongside data centers?
You’re right that a lot of this is about land use and there are similar arguments about renewable energy. Some of these arguments are being fed by the fossil fuel industry and its allies, and a lot of it is baseless. They’re feeding in concerns about glare and noise and whatever else that don’t even really exist about solar panels.
But it is, yes, often the same people talking about protecting their land. It does have similar elements, especially because of the agricultural land use being proposed in many cases.
We need to meet the concerns about renewable energy head-on. If you talk to people and show them a picture of solar panels with sheep grazing underneath and the land can be conserved for many years, this starts to be a different argument than building a data center for Amazon or someone else that people don’t even like, using the water and all that.