Walt Rubel Commentary: Make Project Jupiter play by the rules

In 2019 the New Mexico Legislature passed the Energy Transition Act, making the state a “national leader” in the vital effort to reduce greenhouse gas emissions by switching to renewable sources of energy, Gov. Michelle Lujan Grisham said at the time.

“Developed over the course of a year with collaboration by community organizations, unions, energy groups and advocates, the Energy Transition Act establishes New Mexico as a national leader in clean energy,” the governor boasted.

The new law requires power companies to increase production of renewable energy to at least 40 percent now, with a mandate of 100 percent by the year 2045.


“This is a really big deal,” she added. “In every corner of the state, advocates, utilities, young adults, unions, elected officials and families came together to push for, and today enact this transformational law. The Energy Transition Act fundamentally changes the dynamic in New Mexico. This legislation is a promise to future generations of New Mexicans.”


Beware of politicians making promises.


During last year’s session, the governor worked behind the scenes to undermine her signature achievement in order to pave the way for Project Jupitor, a massive $165 billion data center planned for the south county that will require its own power plant.


At a time when none of the residents or legislators had even heard of the proposal, an amendment was slipped onto a completely unrelated bill that will make Project Jupiter exempt from the clean-air restrictions demanded under the 2019 law.


It's the kind of underhanded dealing that is easy to get away with in New Mexico, where lawmakers have either 30 or 60 days to evaluate hundreds of bills addressing complex issues of law, finance and science.


The amendment separated the new business-owned power plants from the traditional investor-owned power plants operated by El Paso Electric and others. Those serving all of us are still obligated to meet the 2019 standards. But the new guys get a free pass.


Sen. Jeff Steinborn has already prefiled legislation for the upcoming session that would undo last year’s sneak amendment, titled The Microgrid Oversight Act.


Steinborn notes that while Project Jupitor is by far the largest planned data center in the state, it’s not the only one. There have been three announced in the past year, and they will collectively produce and consume approximately two and a half times the total electricity that is currently generated in the state.


Along with re-establishing energy production standards, the act would also ensure that microgrids are regulated by the Public Regulation Commission; protect consumers from energy price hikes created by the new demand for power; and require annual reporting, including total water usage.


“If the state is serious about reducing our carbon emissions and confronting climate change, we must close the gaping loophole in our microgrid power generation law,” Steinborn said.


The story is still yet to be written on Project Jupitor. In the end, maybe it will be a boon for the county. We’ll see. But the slimy way this thing has been approved at both the state and county levels stinks to high heaven.


First we had an amendment tacked on to an unrelated bill without the knowledge of local legislators to get around state regulations. Then the County Commission rushed through approval of an industrial revenue bond without anything approaching the level public input needed for such a massive project.


A more suspicious person might think they all had something to hide.


Walter Rubel can be reached at [email protected]

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