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Texas utility commission challenges rulings on data center survey disclosures

The Public Utility Commission is asking a Travis County court to keep facility locations in its data center and cryptocurrency-mining survey confidential, arguing that the information could expose critical infrastructure to attack. The case tests how far Texas public-records exemptions extend as officials seek better data on the industry’s electricity and water demands.

Texas utility commission challenges rulings on data center survey disclosures
The Public Utility Commission of Texas has sued to prevent disclosure of two location details collected in a state survey of data centers and virtual-currency mines, arguing that the information could help hostile actors target infrastructure linked to the electric grid and water systems. Filed Monday in Travis County, the lawsuit challenges two rulings by Attorney General Ken Paxton’s office. The rulings found that the commission had not adequately shown the information was protected under the Texas Homeland Security Act. The case has not been decided, and a judge’s ruling will determine whether the requested records must be released. The disputed fields identify the county where a facility operates and the regional water-planning area it falls within. The commission argues those details become sensitive when combined with survey responses about electricity use, water consumption and sources, cooling systems, projected power demand, and the utilities and infrastructure serving each site. In its filing, the commission says linking operational information to a specific location could reveal weaknesses that could be exploited in a physical or cyberattack. It is seeking protection for the two geographic fields, not a ruling that the entire survey is confidential. The dispute began after a McLennan County resident and four journalists requested the survey records under Texas public-records law. The commission denied the requests and sought a ruling from the attorney general’s Open Records Division. The requesters can participate in the court dispute if they choose. Texas lawmakers directed the commission in 2025 to gather information on the energy and water use of data centers and cryptocurrency-mining facilities. The survey, developed with the Texas Water Development Board, was intended to help state officials understand how power demand and water consumption intersect and inform future planning. The commission sent the voluntary survey to 377 facilities. At a June legislative hearing, officials said 28 companies representing 92 facilities had responded. After the survey reopened for 10 additional days in July, an August tally showed responses from 77 data centers and 13 virtual-currency-mining facilities. Lawmakers have questioned whether the response level provides enough information for long-term policy decisions. The location information also matters for regional water planning, which uses projections of future demand to help determine how Texas can meet its needs and what infrastructure may be required. Data centers can use large amounts of electricity to run servers and, depending on their cooling systems, substantial water to manage heat. The lawsuit comes amid broader state efforts to scrutinize the fast-growing industry. Gov. Greg Abbott has ordered additional reviews of data centers seeking connections to the electric grid, including reviews of power and water use and cooling systems. He has also directed the Water Development Board to take enforcement action against data centers that fail to meet water-use reporting requirements. The commission has not said whether other survey information, including facility names or water-use figures, may be released. A commission spokesperson declined to comment on the pending litigation.

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