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Resident advocate says about 600 people were removed from PUC case; commissioners press for state action on data centers

ERAD / Somerville sub regional commission · April 22, 2026

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Summary

An advocate for a volunteer group told the commission approximately 600 people were dismissed from a PUC proceeding and described outreach limits; commissioners discussed limited local authority over data centers and said they will pursue resolutions and letters to state leaders.

At the April 21 meeting the commission heard public comment from Emily Martin Howe, who identified herself and said she helps people through a "no 765" volunteer group. Howe said she has been contacting people removed from a pending case and that roughly "600 ish" people were dismissed from the case last week.

Howe told the commission she had begun sharing a map and a list showing where people had been removed, and that many former interveners had been given no notice that additional testimony or procedural steps were required in materials they received from Encore. "They completed their form that was asked of them in their Encore packet. Encore never said in their packet that they needed to do additional steps, that they had a testimony requirement, or they were gonna be removed from the case," she said. Howe said her group maintains a 330-person email contact list and described technical limits on sending mass email, which has constrained outreach.

Commissioners and participants urged more public input to the PUC and discussed writing supporting comments or an appeal. A meeting participant asked the commission to extend time for testimony and to remove facilities from an Austin-centered process so that local people have more time to prepare. The chair acknowledged the request and said the commission was preparing letters and resolutions to send to the governor, representatives and subcommittee members asking them to consider agriculture, land use, water use and local control in any further legislative action.

During discussion commissioners noted legal constraints on local action. The chair stated they had "4 different lawyers advise us against a moratorium because a moratorium, can get a lawsuit brought against us," and said the commission is instead preparing resolutions and letters requesting state-level action. Commissioners emphasized their limited local regulatory authority, especially on property and water-use matters, but said they will continue seeking legislative relief.

The chair also announced a U.S. Fish and Wildlife Service meeting scheduled for April 28 at 1:00 PM in Stephenville and asked staff to follow up on court scheduling and other procedural items. The meeting adjourned at 2:30 PM.

The transcript records public comment and commissioners' discussion; the transcript does not record a formal PUC response or follow-up from Encore during the meeting.