Arkansas Federal Judge Denies Entergy Bid to Block Reporting on Google Data Center Deal
An Arkansas mother obtained documents regarding a data center deal between Entergy Arkansas and Google in West Memphis, alleging Google would only pay a third of required infrastructure upgrades. Entergy sued a news outlet and sought a restraining order against the mother, claiming trade secrets. A U.S. District Judge denied Entergy's request, allowing the information to remain public amidst ongoing disputes over the financial terms.
Jessica Kivell, an Arkansas healthcare worker, acquired documents through a Freedom of Information Act request to the Arkansas Public Service Commission concerning a data center agreement between Entergy Arkansas and Google. These documents, subsequently shared with the Arkansas Democrat-Gazette, reportedly indicated that Google would contribute only $526 million for a new solar array to power its West Memphis data center, contradicting earlier suggestions that Google would cover all infrastructure upgrade costs.
In response, Entergy Arkansas initiated a lawsuit against the Arkansas Democrat-Gazette and sought a temporary restraining order against Kivell. The utility company asserted that the documents contained trade secrets and their publication would violate state and federal laws. During a federal court appearance, Kivell was visibly upset, but U.S. District Judge Lee Rudofsky ultimately denied Entergy's request for the restraining order, thereby permitting the news outlet to publish the information.
Entergy later challenged the Arkansas Democrat-Gazette's reporting, citing a "serious and careless mathematical error" and arguing that Google's full financial commitment over a 20-year period would amount to approximately $2.103 billion, delivering $1.1 billion in benefits to Arkansas customers. The Arkansas Democrat-Gazette countered by stating its $526 million figure was directly sourced from the obtained documents and corroborated by Google's own statements to other news outlets. Google affirmed its dedication to covering 100% of power and infrastructure costs, clarifying that the $526 million represents upfront payments, with remaining costs covered by ongoing monthly rates over the 20-year term.