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The race for the top job in McCracken County, Kentucky, might hinge on the importance of a community benefit agreement.

An election-season battle is brewing over what could be the nation’s first massive data center operating on federal land. And you almost certainly have never heard of it.
Come with me to McCracken County, Kentucky, just outside its largest city, Paducah, where the Energy Department is allowing new development at a large brownfield property. First constructed in the 1950s, the Paducah Gaseous Diffusion Plant was once the country’s only uranium enrichment facility, but it closed in 2010. Since then, and after years of cleanup, Paducah city officials and the McCracken County government have sought to revitalize and reindustrialize the site.
In July, the Energy Department announced plans for a data center at the site, one with enough power to provide excess electricity to the surrounding community. Brookfield would develop and operate the data center and NextEra Energy would build the power infrastructure — a roughly 2.5 gigawatt natural gas plant — while local and regional electricity companies and co-ops would help provide wholesale and retail electricity. The project would be built alongside new uranium enrichment projects cropping up at the site, as federal officials and companies involved seek to transform the area into what they call an “American energy hub.”
Government officials at all levels welcomed the new project. An opposition group called Protect McCracken County exists and is active, but opposition has yet to manifest in the kind of dust-up or mass protest we’re seeing elsewhere in the country. Media reports indicate a likely reason for this is the longstanding history of industrial development in this specific area and that the project location was already contaminated as a brownfield site. The worst headlines about the data center news saw residents calling it “bittersweet” and a “necessary evil.”
But something important was missing because the project was on federal land: city officials say they never had a formal opportunity to deliberate it themselves — a step even local governments supportive of development often use to get assurances and benefits from developers.
The investment announcement also caught officials by surprise. Kentucky Governor Andy Beshear, a centrist Democrat with presidential ambitions, told Politico he was never briefed on it. Paducah City Councilor Dujuan Thomas told me this week that the first time he met with any individuals involved “was a week before the public announcement, or a few days before it.”
“At the end of the day, it’s already set in stone,” said Thomas, who supports the data center being built. “I don’t think there’s anything that can be done aside from a federal intervention that could ever stop something like this from happening. And I’m trying to be a realist about it.”
“I’m more of a glass-half-full type of person,” Thomas added.
Now, the fight over asking for more is dominating the race for McCracken County judge/executive, which is the county’s top job. Paducah’s mayor, George Bray, a former Republican-turned-independent, is running to oust two-term Republican incumbent Craig Clymer. In recent weeks, Bray has called for negotiating a community benefit agreement with the developers and says Brookfield already expressed willingness to do so. “Data center developers, knowing how sensitive communities are about electrical usage, water usage, and noise … have been open to embracing the community and saying they want to be good citizens,” he told me in an interview.
Specifically, Bray wants a community benefit agreement to potentially include an economic development fund to help jumpstart new housing in the area, knowing there’ll be an influx of labor. The county will also need to support volunteer fire districts, especially if there’s a blaze at the site. Those are only two ideas he offered, acknowledging the subject of data centers is new to him and that he believes the agreement “should be something the community itself comes up with.”
“I would not approach it as, What do I want? I would be talking with others,” he told me. “There are many things that a project of this size is going to drive in our community. I think we just need to be open-minded and practical about it.”
Bray’s push came up at public debates during the campaign for county judge executive and has since spilled over into social media spats between Bray and Clymer. Bray claims the only official who can adequately negotiate this kind of agreement with the developer is the county judge/executive because the project is not within the Paducah city limits. Clymer, meanwhile, denies everything Bray is claiming.
Clymer says a community benefit agreement is unnecessary, would indicate hostility towards the business community, and is only being brought up so Bray can differentiate himself in the election. He also told me the county will receive incredible levels of tax revenue from the project, and this in and of itself will mean lots of benefits.
The developers “have not asked for one thing from the community. They haven’t asked for a property tax abatement — I told them early on we’d send them a tax bill and they said they understood that’s what I intend to do. No payback on anything; they’re going to build their own infrastructure there within the facility. They’re going to provide their own power through NextEra,” Clymer said. “The bottom line is, it’s not going to cost the community a penny to have this $100 billion investment in our community, and the benefit from it is just going to be enormous through the property tax and occupational tax.”
Clymer also claims key protections for the community, including ratepayer guardrails, are written into the lease agreement DOE struck with Brookfield for the data center. I asked Clymer if the lease agreement was public; he said no and that he personally hasn’t seen it.
“I’m telling you what they’re telling me and I don’t think anybody’s lying about it,” he said. “Let’s be satisfied it’s not going to cost us a penny and it’s going to create enormous wealth for us.”
Brookfield declined to comment for this story. The Energy Department and NextEra did not respond to requests for comment by publication time. We’ll update our story with answers from them when we hear back.
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Talking with Leah Qusba, the CEO of GoodPower.
This week’s conversation is with Leah Qusba, CEO of GoodPower, which recently released a survey experiment you need to read. Conducted with Data for Progress, the project, published Monday, takes a unique approach to asking people why they opposed data centers for artificial intelligence and whether constructing renewable energy instead of gas power moves the needle at all in their support for AI infrastructure near them. Instead of just asking polling questions, they posed various hypothetical project designs to people — and the results were eye-popping. Turning to solar instead of gas? Might not be a panacea for gaining approval at the local level. Protecting electricity rates from going sky-high? Now that’s a way to get buy-in.
The following conversation was lightly edited for clarity.
Before we jump into the survey, is the data center boom changing the trajectory for renewable energy development in the U.S.?
If you look back over the last decade and a half, the largest global procurer of decarbonized electricity has been the Big Tech industry. I think we’re still seeing the trendlines of that today. The speed and scale of data center development is driving a lot of incremental clean energy growth.
I think we’re really at a crossroads right now because of the speed to meet rising demand and because, as people are scrambling to find electrons, commitments previously around purchasing and procuring decarbonized electricity have slid a little bit. We’ve seen proposals over the last six months or so have roughly doubled for combined cycle gas. We’re at this crossroads: Are we going to leverage this moment to drive incremental clean and protect ratepayers in the process? That’s the only way we’re going to be able to build this infrastructure.
Or are we going to go another path where we’re locking in decades of combined cycle gas?
I think voters across the political spectrum think this is a very important issue, and people are thinking about this as we move closer to November.
Walk my readers through the survey experiment you ran with Data for Progress.
The impetus was that we wanted to demonstrate to any stakeholder in the world — a data center developer, a household concerned with their rising electricity bills, policymakers trying to meet this new energy moment — what Americans want, which is guarantees from data centers that their electric bills won’t increase. They want strong electricity grid upgrades. They want home energy upgrades like rooftop solar, heat pumps, storage systems, or battery walls.
We wanted to make the case. We’ve seen surveys recently that if you say you’ll power them with renewable energy, favorability will increase. We wanted to go a step further and set up an experiment to see the difference between what people say they’ll do and what they’ll actually do. Often there’s a difference when they’re faced with a real-life situation. Even when renewable energy support is high — even Republicans favor large-scale solar — then why do we have NIMBYism? Why do we have public opposition? Why are projects being phased out or canceled entirely because of protests? That’s because of a gap between what people say they’ll do and what they’ll actually do.
The first part of the experiment was a typical poll asking people how they felt and measuring what they said they would do. What people indicated was similar to other polls circulated widely and picked up by the press, that when you say a data center is powered by solar, people say they’ll be more favorable. But then we put them in a setting where we told them a data center in their community was going to be powered by either gas or renewables, and we had other treatment conditions that would be manipulated. We told them, for example, that there would be a rate-binding guarantee, that 100% of their costs would be paid for by the data center and their electricity rates would not go up. We also gave them conditions where they’d get residential solutions.
When we compared what people said they would do with what they actually would do, what we found was pretty definitive. Really, Americans indicated a strong preference that data center developers guarantee stable electricity rates or provide them with meaningful residential or community benefits. Those are really the only two things in a real-life situation that moved support for data centers.
What we didn’t see, actually, is that renewable energy powering the data centers alone was enough. It didn’t have enough statistical significance to improve data centers’ support on its own.
Now, connecting the solar to stable electricity rates or ratepayer protections, that’s helpful. Could we do that? Absolutely, and that’s a strong recommendation to think about centering communities because they want affordability. But the technology alone — solar versus gas — had a null effect.
It’s great to talk about solar, especially because there’s high favorability for solar. Connecting affordability to clean energy is a great strategy, and we hope tech companies take this to heart! The only way we’re going to build social permission for these technologies is to do it in a community-centric way that guarantees rates won’t increase and guarantees community benefits. We want to make sure people ask for all this in negotiations and that policymakers think about all this, especially federally as we think about permitting reform.
What’s the relationship to permitting reform?
I think it’s important that it preserves maximum ratepayer protections and large load tariffs. Thinking about that, as well as bringing-your-own-clean-energy, or BYONCE, is in great parallel with the findings. If we can deliver that through federal legislation, it’s something that would be supported by the data we gathered through this experiment.
Why was there no statistically significant difference between solar and gas?
I don’t think it’s a question of why people were agnostic about technology. I think it all just boils down to pocketbook-kitchen-table issues. We live in a cost of living crisis where upwards of 65% of Americans live paycheck to paycheck. The cost of everything from gas prices at the pump to groceries … When we look at the data and inflation and what it takes to build a home, its very clear the message the American electorate is sending is that affordability is the queen issue right now.
Until we meet demand in a community centered way and a ratepayer centered way, with maximum ratepayer protections and large load tariffs for these companies, we’re going to see incredible polarization across America where these data centers are being built.
What’s next, from a research perspective?
I think there were a few surprising things we found in the data we want to dig into.
For example, there’s been talk of spillover opposition — that by associating solar with data centers, we might pollute public opinion around solar. We actually asked questions in the survey experiment about this and so far, solar hasn’t been tarnished by data centers. It showed zero spillover. It does not drag down favorability for solar.
We also found that Americans trust renewable energy developers second only to consumer watchdogs, which we found to be fascinating. By contrast, they trust data center developers the least. In other words, choose to pay for a decarbonized electron if you can because associating yourself with clean, fast-to-power electrons has a true positive association there. It’s in the data.
One last one: Artificial intelligence and public opinion about AI was the top driver of opposition to data centers. It was feelings about AI as a technology superseding personal ideology and backgrounds, even if they cared about climate change. Skepticism about AI and data centers isn’t a partisan issue. Anti-AI sentiment sits evenly across Democrats, Republicans, and independents alike.
And more of the week’s top fights around development.
1. Umatilla County, Oregon – A small town in Oregon this week declared a state of emergency over fears that a statewide pause on data center permits will harm its economy.
2. Saratoga County, New York – Is Trump’s country music superstar-turned-power-project combatant John Rich preparing to debut a new song about solar farms, or something more?
3. Eau Claire County, Wisconsin – There’s now a must-watch race to see who is more anti-transmission in the race for Wisconsin’s 3rd congressional seat.
4. Adams County, Colorado – Here’s the chaser you needed: the largest solar farm approved in the Rocky Mountains.
What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?
One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?
Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.
Solving the energy side of the equation is a major hurdle for Jupiter, largely because of permitting delays and legal challenges.
In mid-September, the New Mexico Supreme Court lifted a stay it placed on consideration of the project’s state air permitting application. But on Wednesday, the Santa Fe New Mexican published emails between the New Mexico Environment Department and Project Jupiter staff detailing that independent emissions modeling showed pollution would be greater than predicted by the developers, after they had already requested permission to emit more CO2 than the state’s three largest cities combined. A final decision on the air permit was expected in November; the emails suggest the deadline may slip further. After the emails were reported, Oracle declared it would try to reduce emissions from the site by more than 30%.
At the same time, the New Mexico Justice Department is opposing the Federal Energy Regulatory Commission’s environmental assessment under the National Environmental Policy Act for a gas pipeline key to powering the project. The state’s attorneys assert the agency improperly failed to examine how the data center’s use of the pipeline would affect the environment. This week, a dozen GOP attorneys general representing states with large gas industries wrote FERC insisting they ignore the state’s protests, arguing that a recent Supreme Court ruling – known colloquially as Seven County – meant the federal government doesn’t need to look at the data centers gas pipelines are feeding when the lines are reviewed. Oracle has declared a “force majeure” over the pipeline delay. Rumors have circulated that trucks may just bring gas in for operations; company representatives told the Dona Ana County Commission this week those claims were “misinformation.”
Amidst these delays and potential legal conflicts, I’ve sought to understand whether projects like these – large data centers racing to operate within the next year or two – would be affected by enactment of the Bipartisan American Affordability and Jobs Act of 2026, a major permitting reform deal negotiated in part by New Mexico’s senior senator, Energy and Natural Resources chairman Martin Heinrich.
In Washington D.C., this legislation is exciting many constituencies, including energy industry types, policy wonks, business-friendly climate advocates. At the same time, more conservation-minded environmental groups opposed to provisions benefiting the fossil fuel industry are leaning into an argument that the legislation would accelerate a new era of gas-dominant data center construction.
Last week, I wrote about the environmentalists’ argument. I also examined the parts of the bill unlocking a new transmission build-out and requiring data center ratepayer protection. If enacted, FERC would have to require utilities to charge data centers not only for the costs of new grid upgrades but the charges incurred for using the grid, too. As my colleague Robinson Meyer has written, by forcing AI infrastructure operators to pay for both embedded and incremental energy costs, the legislation would essentially mean data centers paying both to reduce rates and build new energy generation. We’re seeing in real time what happens when you don’t deal with the transmission connection system while building new grid upgrades: companies will often opt to just build their own private off-grid fossil fuel islands. In Texas, for example, we’re seeing transmission hook-up delays lead to companies just building their own gas plants instead. This is not to say companies won’t still go off the grid if this bill passes, but it’s a serious consequence of our dilapidated energy system worth considering.
So I decided to evaluate Project Jupiter as a test case. How might the permitting bill affect this project and other big data centers at a stage like it?
For starters, let's say what the permitting bill does not do. It wouldn’t change the Clean Air Act. Project Jupiter would be one of the largest data centers in the country if completed, as well as potentially one of the nation’s biggest CO2 emitters if permitted as proposed. Nothing in the bill would affect requirements that the project adhere to national air emissions standards, so it wouldn’t affect the New Mexico Environment Department’s pending decision around the project’s air permits.
Enacting BAAJA could potentially affect this sprawling data center project in extremely hypothetical ways. It would reduce legal risks associated with future interstate gas pipelines under development expected to potentially branch out to Project Jupiter, including the Desert Southwest Expansion pipeline. It’s easy to understand in the words of Robert Pattinson in Primetime how this looks: like an easier path to expanding gas generation in this area.
On renewables, the bipartisan permitting deal would codify new permitting certainty and timeline provisions that claim to make it easier for companies to pursue solar development on federal acreage managed by the Bureau of Land Management. Project Jupiter just concluded a request for proposals to procure two gigawatts of renewable energy including solar power to meet the developers’ pledge to achieve 100% carbon matching by 2031 and Thiagarajan previously told the commission they’ve examined potentially getting energy from solar projects nearby on BLM lands.
But all of this is too theoretical and the case for any individual early-stage energy project too. Not to mention that we have no idea how the Trump administration would implement this certainty language, even for Project Jupiter.
To me, if people want to earnestly understand how the bipartisan permitting bill might actually affect data centers, they need to fully consider how making it easier and more transparent to hook up to the existing electric grid could reduce how much on-site gas generation is used at AI data center operations.
Delays in state permitting for the off-grid fuel cell plant have led Project Jupiter’s developers to consider what turning to the power grid would look like. In early September during a Dona Ana County commission meeting, Oracle executive vice president Mahest Thiagarajan told the panel, “If we end up in a situation where the air permit is not actually approved, I do have to work with a grid provider. Whether it is actually part of the grid or they built the grid for me could be TBD.”
“It doesn’t need to be on the grid, but I need [a] source of power to help power the data center,” Thiagarajan said.
Commission chair Manuel Sanchez replied that the microgrid plans were established in their community benefit agreement but he supported proposals requiring data center developers paying for upgrades and directly paying to reduce electricity rates for nearby residents. “It’s actually provided a downward pressure on rates,” Sanchez said, referring directly to such a policy created by the Georgia Public Service Commission.
Thiagarajan agreed. “My current plan is to continue to work with NMED [the New Mexico Environment Division] and get the off-grid site. If for any reason we have to, because I don’t have the air permit and I have to build the site, I strongly believe it has to come with me bringing down pressure to the rates. Period. I don’t think that’s a question of, I’m not increasing the rates. I actually have to come in and say, I am lowering the rates here.”
If Congress enacted this permitting bill in the lame duck, would Project Jupiter ditch plans to be off grid? It’s challenging to prove or disprove such a hypothetical. Representatives for the project did not respond to requests for comment. But we know any attempts at grid hookups without greater ratepayer protections are only leading to more conflict locally; this week, when Project Jupiter tried proposing a hook up to the grid for emergency power, the county commission fumed. Right now, the plan is still to power Project Jupiter with the gas fuel cell generation on site.
As I concluded this research, I noticed Heinrich’s office has actually promoted news coverage about what his efforts to enact data center ratepayer protections would do to Project Jupiter.
In early August, as the Senate was leaving for a summer recess, his office republished a Santa Fe New Mexican article about legislation the senator authored – the GRID Savings Act – and its potential impact on Project Jupiter. The article claimed that if Project Jupiter was unable to get its air permit, they’d be able to get power a different way under his proposal. The local news outlet also quoted an email from Sanchez, the county commission chair, stating that Heinrich’s bill “could be an avenue for Project Jupiter to fulfill their requirements if the air permit is denied.” Sanchez did not respond to requests for comment.
So I asked Senator Heinrich’s office for comment about this republished article, as well as if his permitting deal would indeed help ensure Project Jupiter was completed and came online. To conclude this story, here is their full statement:
The Senator has been clear that building big things responsibly means putting communities first. As he stated in his interview with the Albuquerque Journal, Project Jupiter botched community engagement from the start.
BAAJA is about making sure we build the energy infrastructure we need while keeping costs down for families and small businesses in New Mexico and across the country. The legislation would help get new energy generation, primarily clean energy, on the grid. By getting the energy onto the grid, states like New Mexico, which has enacted the Energy Transition Act, can continue working to ensure the energy powering our grid is increasingly clean.
The Senator has fought to ensure that growing energy demand doesn’t come at the expense of New Mexicans’ electricity bills by requiring data centers to pay for all of their associated transmission costs, rather than those costs shifting onto ratepayers. Ultimately, the Senator strongly believes that any major development, including data centers, should come as a benefit to the communities that host them, not a burden — and that starts with meaningful community engagement and real benefits for New Mexicans.
To be clear, BAAJA is federal legislation focused on energy infrastructure and grid connectivity. It does not ‘permit’ data centers. State and local government approval is still required. The Senator's legislation addresses the federal energy infrastructure challenges associated with a grid that cannot keep up with demand; it does not circumvent the state and local processes that determine whether Project Jupiter moves forward.
Media representatives for Project Jupiter did not respond to requests for comment.