SC law firm asks regulators to reconsider Spartanburg data center decision
The Southern Environmental Law Center (SELC) has asked the South Carolina Public Service Commission to reconsider its ruling that certain energy regulations do not apply to data centers that generate their own power. This challenge targets the NorthMark and Valara data center in Spartanburg, which includes a 457-megawatt natural gas power plant. The SELC argues the ruling bypasses oversight for private power plants and sets a concerning precedent.
The Southern Environmental Law Center (SELC), representing Concerned Citizens of Spartanburg County and the Southern Alliance for Clean Energy, has filed a petition asking the South Carolina Public Service Commission (PSC) to reconsider its recent ruling. The PSC had voted on August 27th that the state's Siting Act, which requires entities generating more than 75 megawatts of power to obtain commission permission, does not apply to data centers that generate power for their own use.
This decision specifically exempts the NorthMark and Valara data center in Spartanburg, which plans to feature an attached 457-megawatt natural gas power plant. The PSC ruled on September 14th that because the data center's power plant was not a utility selling power to the public, the 1971 Siting Act did not apply. SELC senior attorney Kate Mixson stated the commission's order contradicts the plain language of the Siting Act and could allow future private power plants of any size to be built without oversight, raising concerns amidst an influx of data center proposals in South Carolina.
The Office of Regulatory Staff, responsible for enforcing state utility regulations, concurred with SELC's interpretation. Eddy Moore, decarbonization director for the Southern Alliance for Clean Energy, emphasized that a potentially significant polluter like the Spartanburg County facility should not be exempt from environmental oversight. Despite neighbor concerns about air pollution, NorthMark has received permits for its natural gas turbines, with construction expected to continue until 2028.
The PSC has 30 days to decide on SELC's petition for reconsideration. If the petition is denied, SELC could appeal the case to the S.C. Court of Appeals, potentially reaching the state Supreme Court.