Groups cheer data center power line decision

The Public Service Commission of Wisconsin’s unprecedented decision last week to revoke American Transmission Co.’s application to build power lines that will feed the Vantage Data Centers Lighthouse Campus on Port Washington’s north side was cheered by property owners fighting to keep the lines off their land.

But these same owners and the groups that represent them are continuing to prepare to fight the lines, cognizant that the transmission company will continue to seek permission to build power lines.

“I’m rejoicing right now, but the battle isn’t over,” Patti Plough of the Responsible Energy Advocates said.

“We won an important battle, and we’re so grateful to the Public Service Commission that we were heard.”

But, she said, they are also gearing up for the next step in the fight.

“I’m hoping and praying they got the message loud and clear and they leave greenfield routes alone and go with the existing routes,” Plough said. “It was wonderful this happened, but we’re not taking any time off. We can’t. We have no idea what route they’re going to pick.”

In its application, ATC asked to extend the power lines through either the Town of Fredonia or Town of Saukville — options that area communities and organizations are fighting because, they say, these routes would significantly impact the environment and residents.

An alternate route that would largely follow existing power lines is favored by many, including Vantage, which is paying for the project, and the City of Port Washington.

Plough noted that the route was originally to be decided by the end of this year with the goal of extending power to the data center campus by the end of 2027.

It is unclear how last week’s decision by the PSC will affect the timeline.

Tom Stolp, executive director of Restoring Lands, said he hopes ATC learned how important preserved lands are to people of the area.

“I hope we’ve been able to present clearly the flaws with ATC’s original application,” Stolp said. “My big hope is ATC now understands the importance of these conserved lands and they respect them.”

Stolp noted that the route ATC preferred for the power lines would go through protected properties, something he said just isn’t right.

“There’s this disbelief and extraordinary frustration that forever-conserved lands were not respected,” he said, calling it “outrageous” to think these lands can be “cast aside” for the benefit of a private development.

“It’s undeniable this is going to bring generational change to our community,” Stolp said. “These are really important parts of our cultural fabric.”

As they wait to see what ATC will do next, Stolp said Restoring Lands will continue its work cataloging the wildlife and plants on its preserves that could be impacted by the power lines today and into the future.

In a statement, ATC representatives noted that the PSC’s decision isn’t a denial of the project.

“The need for the project has not changed and ATC is reviewing the commission’s determination and the path forward,” the statement reads. Many project-related activities will continue, it states.

“Information and data compiled from engineering and design work, survey work, soil borings and other field activities will help us be prepared should this project be approved,” according to the statement.

Vantage’s Vice President of Global Marketing Mark Freeman did not comment on what the decision means to the Port Washington data center campus.

He called the PSC decision disappointing, adding “We remain committed to working constructively with ATC, public officials, utilities and the community to advance the responsible development of transmission infrastructure needed to support Project Lighthouse.

“We will review the commission’s written order and evaluate the appropriate next steps.”

We Energies spokesman Brendan Conway said the utility is waiting to review the written order and will talk to Vantage, as well as Oracle and OpenAI, which will use the data center campus, about the next steps.

The PSC unanimously voted on Aug. 6 to revoke a Dec. 15 determination that ATC’s application for the power lines was complete, citing a large number of substantial changes to the application that occurred after the December declaration.

That means the transmission company now has to resubmit its application to build and operate the power lines for the data center — a decision that theoretically sets the project back a year.

The three-member commission said that the 564 changes made to the application since Dec. 15 created a “murky record,” Commission Chairman Summer Strand said.

Those changes, she noted, include route modifications, new temporary bypass routes and changes to the scope of the project.

“It’s clear the project application has undergone significant and substantive changes since its initial filing, the issuance of the completeness determination of Dec. 15 and throughout these proceedings,” Strand said.

While emphasizing that some changes can be made to applications as they go through the review process, she said the volume of changes in this case created what she called a “moving target application” that made it difficult if not impossible for the commission staff and the public to review the document, she added.

“The revocation is likely necessary in order to halt the current collision course this application is on,” Strand said.

“While I am not downplaying the impacts revocation would have, this application is clearly underwater — nearly underwater — and this action revoking the completeness determination is akin to tossing it a life preserver,” she added.

“This is an unfortunate outcome. We have limited options and our hand was forced.”

Strand noted that the number of changes led the PSC’s administrative law judge to raise serious concerns about the application, as did members of the public.

“To me, this application represents a cautionary tale of when unrealistic and unreasonable speed (and) expectations collided with a deliberative regulatory process,” she said, noting the commission’s process is led by strict legislative deadlines.

Commission member Kristy Nieto concurred, saying the integrity of the commission is at stake.

“The credibility of our decision depends not only on the outcome but on the integrity of the process we use to get there,” she said.

Commission member Marcus Hawkins said rejecting the completeness determination is “the least bad option” the panel had.

“This seems to be the only option,” he said.

The finding that an application is complete is important because it gives the PSC 180 days to take final action, or 360 days if an extension is granted.

Since July, more than 2,000 people submitted comments to the commission regarding the application, transmission line routes and the completeness determination.

Plough said Responsible Energy Advocates will hold a public meeting at 3 p.m. Sunday, Aug. 16, at Elderberry Manor in West Bend to celebrate the win and talk about future steps in the power line battle.