Luther Data Center Proposal Prompts NDA Questions, Open Discussion

A dozen or so Luther residents attended Thursday’s Special Board of Trustees Meeting, seeking clarity on a Non-Disclosure Agreement (NDA) signed by Mayor Terry Arps with Beltline Energy, a company eyeing a data center east of the OG&E Red Bud Plant in town limits. Sparked by chatter on Next Door and the Rope Report podcast, Mayor Terry Arps read a statement at the beginning of the meeting between the prayer, Pledge of Allegiance, and the first order of business.

The signed NDA was included in a bundle of FOIA (Freedom of Information Act) documents regarding communications between Beltline and the town around the time of the Georgia company’s presentation at a May 29, 2025, board meeting. While the signed NDA was in the documents, it did not include any context, which led some to suspect that the town was involved in secret dealings behind the public’s back. After asking a couple of questions, an explanation was provided to the public at the meeting and to  Luther Register News.

The short version: Although pre-signed, the narrowly scoped NDA would not be effective without the board’s approval in a public meeting if Beltline ever applies, and would not usurp any provision of the Open Meetings Act and the public’s right to know. 

Read on for the longer version.

No application for a data center has reached the Town of Luther since Beltline first came to town. Since then, Beltline has gone silent and it’s unknown whether they are preparing the feasibility study they mentioned. It leaves the project “hypothetical,” as Trustee Cindy Harris commented at the meeting, acknowledging the concerns. “It’s great to learn everything you can, but everyone’s getting up in arms about something that’s not happening.”

Whether this one happens or not, actions on the federal level combined with the state’s decisions, and the apparent attractiveness of the Red Bud plant’s power generating capacity all likely mean that a similar pitch might be coming as President Donald Trump just this week released his “America’s AI Action Plan” to “expedite rapid buildout of data centers modernizing permits and creating national incentives.”

Rural Living Under Attack?

“That should scare the crap out of us,”  said one of the residents who mentioned the president’s plan during Thursday’s meeting. She is among those concerned about the strain on natural and local resources, as well as pollution concerns, that AI data centers require for cooling, and their power usage. Other citizen concerns include protecting their own rural way of life, preserving farmland, starry skies, and wildlife.

While there is public backlash regarding the proposal, the rights of private landowners to lease or sell their property should also be part of the current societal conversation.

The NDA Explained | Excerpts from the Town of Luther’s Public Statement

“On May 29, 2025, prior to the scheduled Board of Trustees meeting, Beltline Energy (Beltline) representatives met with Mayor Terry Arps, Town Manager Scherrrie Picock, and Town Attorney Beth Anne Childs. Beltline presented a Non-Disclosure Agreement (NDA). The NDA was reviewed by Beth Anne Childs, and Mayor Terry Arps signed the NDA.

The NDA only pertains to proprietary information and sets out a number of exceptions, including anything required to be released pursuant to the Open Records Act. It requires ratification by the Board of Trustees, but this has not been placed on the agenda because Beltline has made no additional contact. If that occurs, it will be considered by the entire Board in an Open Meeting.”
Read the full statement here: http://townoflutherok.com/data-center-status-update/

Q&A with Mayor Terry Arps

Mayor Arps addressed the issue further with Luther Register News. 

LRN: What prompted the Town of Luther to enter an NDA with Beltline Energy, and what opportunity does this agreement aim to bring to our community?
Arps: The NDA was at the request of Beltline Energy to formalize an agreement that, should the Town request or receive Proprietary Information, they would treat it the way they should any private information obtained as a result of official business with the Town.

The BoT has not approved the NDA. If approved it would only apply to designated Proprietary Information.

Mayor Terry arps

LRN: Residents are upset about the NDA—questioning its purpose and feeling that a company’s demands usurp openness—shielding the company from all manner of things such as liability, water/power usage, and the life expectancy of the large facility.
Arps: I welcome residents’ interest in Town affairs and I understand they have concerns, but do not believe there is cause for upset. The BoT has not approved the NDA. If approved it would only apply to designated Proprietary Information. Beltline is unlikely to share such information. No proprietary information has to date been shared with Town Administration or Government.

LRN: Has there been any indication that school land, instead of private land, might be considered?
Arps: The Data Center (DC) is conceptual at this point. I am unaware of land purchases. So, a location, if a plan proceeds, is speculative.

LRN: What research have you conducted on AI data centers since the May 29, 2025, meeting, and do you have any concerns about their potential impact on the area?
Arps: I have been flooded with information relative to Data Centers in general. Yes, as a property owner in Luther I share all the concerns of my fellow residents, and do my best to both empathize with their particular situations, while I also think about how our concerns might be mitigated or eliminated.

LRN: What communications or updates have you received from Beltline Energy since the May 29 meeting? They had indicated it might be in July/Aug before they enter a SUP application. So mid-July, it’s a good time for an update regardless.
Arps: Beltline Energy has not communicated with the Town (Manager, Trustees or employees) since 29 May. We have no indication of their future plans.

LRN: If the data center is a transformative financial opportunity for Luther, how do you weigh this potential against ample community concerns about transparency, resource strain, and environmental impacts? (In the alternative, what community support have you received?)
Arps: The community has shared their thoughts and questions, positive and negative, with both their favorite Trustee and the Town Manager. A DC could indeed be financially transformative, but contrary to some accusations, it is not all about the money. Luther’s semi-rural atmosphere is the reason people want to live here, the reason people want to come here to visit and move here to live.

LRN: How many individual conversations have you had with residents about the Beltline proposal since May, and what key insights or sentiments have you gleaned from them? Also, what benefits have there been from the opportunity to visit with residents of Luther?
Arps: Three individual conversations; one very negative toward the DC, one positive and one concerned but informed. I have determined that peoples’ attitudes about a DC are heavily influenced by their location and what they have heard or read about DCs in the past. Getting to know the individuals better was a benefit, and I learned something(s) from all three conversations.

LRN: What’s your vision for ensuring Luther’s future balances economic growth with preserving our small-town character and natural resources?
Arps: Luther’s charm and attraction are based on its historical small town, semi-rural character, and I feel it is essential to maintain it. My goal has always been to provide an environment that is Safe, Prosperous, and Pleasant (SPP). The Town’s economic lifeblood is income from retail tax on sales within the municipality so, the trick to fulfilling the vision is to have a community that businesses believe will allow them to be successful, and to attract those businesses that will provide jobs and revenue and find a home in Luther.

LRN: Anything else we should add?
Arps: The Trustees on the BoT are elected and serve effectively without compensation. They are your neighbors and are doing their best to serve in the best interests of the Town of Luther.

Stay in the Loop

Sign up for meeting email notifications on the Town of Luther website. You’ll receive an email when agendas are posted. This week, the email signups jumped by 45 email addresses to a total of 266, with a 50% open rate on the meeting agenda sent this week, according to town officials. The Board of Trustees meets every second Tuesday at 7 pm, and on many fourth Thursdays at 6:30 pm. The Luther Planning Commission generally meets on the Monday prior to the regular board meeting.