Entergy sues newspapers over 'secret' Google data center power deal in West Memphis, Arkansas
Entergy sued the Arkansas Democrat-Gazette and Arkansas Times for publishing confidential details about its power agreement with Google for a data center in West Memphis. Entergy claimed the information, which included Google's contribution to a solar plant's cost, constituted trade secrets and sought a restraining order. However, a federal judge denied Entergy's request, citing public interest in government-obtained information.
Entergy Arkansas filed a lawsuit against the Arkansas Democrat-Gazette and Arkansas Times, alleging the newspapers published confidential details regarding its power agreements with Google for a planned data center in West Memphis. The publications reportedly obtained non-public documents through a Freedom of Information Act (FOIA) request to the Arkansas Public Service Commission.
The Democrat-Gazette reported that these documents revealed Google would pay approximately one-third of the $1.6 billion cost for the Cypress Solar Plant, intended to power its data center, totaling $526 million. This figure reportedly contradicted Google's previous assurances that it would cover the full cost to avoid impacting ratepayers. Entergy countered this, stating the newspaper made a mathematical error by only considering 12 months of payments rather than the full 20-year term of the agreement, which would amount to over $2 billion from Google.
Entergy claimed the Public Service Commission mistakenly released highly sensitive information containing trade secrets belonging to both Entergy and Google, asserting that its disclosure threatened irreparable harm to their businesses. The utility sought a temporary restraining order and preliminary and permanent injunctions to prevent further publication of these alleged trade secrets. However, U.S. District Judge Lee Rudofsky of the Eastern District of Arkansas denied Entergy's request for a restraining order against the newspapers, emphasizing the public's right to information obtained from the government, absent a clear exception for trade secrets that meets a high legal bar. News reporter Andrew Mobley covered the story.