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NEWS

Attorney general to probe alleged fraudulent Project Jupiter comments

Probe follows complaints of supportive messages impersonating residents, elected officials

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New Mexico Attorney General Raúl Torrez announced an investigation into complaints that some comments submitted to the state’s Environmental Improvement Board on behalf of a controversial microgrid project were submitted under the names of residents without their consent.

Raúl Torrez

“The integrity of New Mexico's public processes depends on ensuring that every voice is authentic," Torrez stated in a news release. "If individuals or organizations attempted to manipulate the public comment process through fraudulent submissions, we will investigate those actions thoroughly and hold responsible parties accountable."

For several weeks, a portal on the New Mexico Environment Department website accepted written comments on an air quality permit application for microgrid facilities using fuel cell technology to provide power for the Oracle/OpenAI data center known as Project Jupiter. The data center complex is under construction in Santa Teresa.

Comments on the permit application, submitted by Yucca Growth Infrastructure LLC, closed Monday night. The Environment Department has ordered a public hearing on the application at a date and location not yet announced.

that residents in several New Mexico cities had discovered form-letter messages supporting the project had been submitted in their name without their consent. Subsequently, several elected officials said their names had also been attached to supportive messages, including state Rep. Cristina Parajón, D-Albuquerque; Albuquerque City Councilor Tammy Fiebelkorn; and Taos town council member Darien Fernandez. Parajón said her legislative aide had been impersonated as well.

On Wednesday, Oracle Vice President Michael Egbert said the company was reviewing submissions made through the “Project Jupiter Together” website, which featured a portal facilitating messages about the permit application.

“This portal transmitted every comment received to (the Environment Department), including hundreds of comments opposing the project,” Egbert said. “If anyone deliberately submitted comments using another person’s name or false information, that would represent an abuse of the public comment process, which Project Jupiter does not support or condone.”

Structures are beginning to take form on the site of data center complex Project Jupiter in Santa Teresa, seen in this June 11 photo.

Egbert said comments they reviewed as of Wednesday represented “legitimate comments from residents who happen to share the same name as someone else” while adding that its review was continuing.

In a letter to state Environment Secretary James Kenney on Thursday, Torrez said his office had received “several complaints” related to public comments on the permit application.

“We have reason to believe that an unknown, but potentially substantial number of the comments were fraudulently submitted without the consent or knowledge of the individuals named,” he wrote.

Torrez requested that the department share information and cooperate with the investigation as well as scrutinize the public comments in light of the complaints.

An Oracle spokesperson said the company welcomed the investigation and pledged to cooperate. 

“We review every comment where authenticity is questioned and will continue to actively investigate each instance that is raised,” the spokesperson said. “It is in everyone’s best interest to ensure that only legitimate public input is part of the public record. Any improper conduct should be addressed, but it should not overshadow or undermine the thousands of residents who have participated honestly and in accordance with the public comment process.” 

In a statement, the New Mexico Environment Department said it “takes seriously any suggestion that the public process for Project Jupiter was manipulated.”

“NMED is reviewing the public comments submitted and believes many were submitted fraudulently. We will work alongside the New Mexico Department of Justice's investigation, including sharing records and any findings from our own review,” according to the statement. “Depending on what the review and investigation show, NMED is prepared to work with NMDOJ to pursue appropriate civil or criminal action against those responsible.” 

Algernon ’A is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.