LOCAL COLUMN
OPINION: Commissioners were fooled once, what happens now?
If there is anything we have learned from Project Jupiter, it is that whatever information is presented to us, it needs to be carefully parsed if we are to understand its full meaning. For instance, Jupiter's promise to limit the amount of "potable" water they will use for the data center disguises the fact that they could be using up to a million gallons a day of "non-potable" water for their gas-fired turbines. Jupiter's careful choice of words led Dońa Ana County commissioners to believe the impact to water would be minimal, and now the commissioners are scrambling to save face by adopting a resolution that directs the county manager to investigate the discrepancy between what they heard and what was said.
But, we should parse the commissioners' resolution, too, and see if it really seeks the accountability that they would have us believe it does.
First, let me note that the commissioners remain confused about the information they received from Jupiter. They complain in their resolution that they were told the project would use a closed loop cooling system, with very low water usage, for the turbines. But the closed loop system was for the data center itself, not the turbines that will power it. It is that kind of inattention to detail that got the commissioners into this trouble in the first place. And it continues.
The resolution also calls for more accurate information about water needs, and specifically, to identify a path forward that minimizes the newly proposed water usage, "while still realizing the project development and economic development benefits." Properly parsed, this says, "OK, we admit you fooled us, but at least give us the real numbers now so we don't look so stupid. And, oh yeah, a small concession would be nice too, if it's not too much trouble." Nothing in the resolution implies the commission can or will do anything with regard to water. It is too little too late.
There is, however, one part of the resolution that could have some teeth. It calls for the identification of “any other proposed changes by the project developers, besides water usage, that are contrary to information previously shared with the Board of County Commissioners.”
That “besides water usage” opens the door to a significant, and it would seem enforceable, issue that has bothered a number of us for some time. That is the question of one microgrid versus two.
The ordinances passed by the commissioners and the leases signed with the developers specify a single microgrid. But the developers have instead applied for air pollution permits for two microgrids. This would allow them to avoid designation as a "major source" for permitting purposes. And the result would be greater allowable emissions of harmful pollutants.
This promise of a single microgrid, unlike the water issue, is more than just a promise. It is a commitment in writing, and should be legally enforceable. So, if the commissioners are serious about giving more than just lip service to those who want accountability, this is a good place to start. But, will they? I'd advise you not to hold your breath, but given the pollution these microgrids will emit, holding your breath might be a good option.
Glenn Landers is a longtime resident of Las Cruces and a community activist.