“It’s about protecting the town in every way,” said Luther Town Manager Rian Harkins during an interview with Luther Register News. Last Wednesday afternoon, a day after the June Luther Board of Trustees meeting was postponed, Harkins, a certified professional planner with the American Planners Association, and Mayor Terry Arps agreed to sit down with me for a check-in.

Harkins assumed the role of Luther Town Manager less than 90 days ago. He brings his planning expertise to the wide-ranging role of managing a small town with a small staff. His role also includes flood plain administrator, clerk and treasurer, HR director, supervisor, and all the other daily duties that come with the operation of a municipality. 

With his planning experience and propensity to champion “good land use” at the local level through zoning, Harkins began work in Luther just in time to guide the town through an unprecedented and historic process related to the Beltline Data Center Application.  “Congratulations and condolences,” I teased when I met him.  

The undeveloped land next to the Red Bud power plant was bound to draw the interest of savvy “wildcatters” of the rural data center boom, as companies study the grid for opportunities. On social media, it’s become a battle for small-town preservation, transparency, and a criticism of data centers everywhere. 

Beltline Energy of Georgia let us know over a year ago that it was interested in building a data center and handing it off to a company to operate. It’s been a long year. 

Whether it’s a zoning change or the Special Use Permit, Beltline Energy’s applications officially started the process on June 5, 2026. The process has barely begun. 

Incidentally, just as there was increased police presence and metal detectors at last week’s meeting that was ultimately postponed because of intense interest, expect those measures again this Wednesday as the meeting will be held outside on Main Street at 5 pm for the non-data center-related items, and at 7 pm for the data center agenda items.  Threats, including a call for a “firing squad” on the trending social media topic, have escalated. I wish I were kidding. A town board meeting on the street? Here we go! It’s accessible and will accommodate a large crowd. It is not a street party or a neighborhood get-together. It’s a public meeting of the local government on a serious issue.

Plenty of opportunities for public comment are scheduled as the town staff accommodates the high level of interest. Over the last year, several nearby residents have faithfully attended meetings and spoken against having a data center in Luther.  

Nationwide, awareness about data centers has escalated. In Kansas, the state’s Commerce Department issued a “Myth-Busting Reference Guide.” Many of us are getting our hands on as many white papers and research documents as we can, and refining our own discernment as we take in the information for understanding. (Learning never ends).

Oklahoma’s “Data Center Consumer Ratepayer Protection Act of 2026” (House Bill 2992), signed into law by Gov. Kevin Stitt on May 11, 2026 (effective July 1), aims to shield residential, commercial, and traditional industrial utility customers from bearing the infrastructure and grid upgrade costs driven by large data centers, AI facilities, and crypto mining operations. Critics of the new law say it is not strong enough and fails to address water consumption, noise, traffic, environmental impacts, or effects on rural character and property values.

Harkins said the best way to engage and shape things is at the local level.  “If you want the maximum amount of leverage as citizens at the local level, if this were to move into Oklahoma City, we would have no say. If this were to move out into the county, we’d be a few fish in a very large pond. That’s the reality. So being inside the town limits of Luther gives us control because it goes through our ordinances.”

The opening quote of this article continues …

“It’s about protecting the town in every way, from every perspective. And ensuring every decision stays within the bounds of the law. So the code that we have is what we have to operate with. We could have changed the code from last summer to now. We could have tried to discuss getting those questions together. And when it was attempted, at times, the idea of ‘We don’t want it, just say no’ became so loud and so aggressive, the town staff and the town board just backed off the discussion and said, “We’ll wait until we see an application to do anything”

Again. It’s go time. With the application in hand, I thought Beltline might be further along with their plans or try to sweeten the deal a bit, given they faced intense public concern from the jump, but apparently, that’s not how it goes. “I’m not surprised. Many applications start with a few details and then go through a negotiation process to finalize those details before approval,” Harkins said.

On water

Harkins said he would recommend a hard no if the company doesn’t secure an agreement to use “non-potable” (grey wastewater) for cooling.

Beltline’s application said they haven’t secured that agreement yet. 

Beltline application documents: “Facilities shall require potable water to meet domestic, landscaping and fire protection needs. Potable water supply shall not be used for the cooling of the facilities. Private wells shall not be used for the project’s cooling needs. Developer and City of Oklahoma City may enter in to one or more Utility Agreement(s), which wil lallow the Project to use City of Oklahoma City wastewater (grey water) to cool facilities on the Project site. It is contemplated that the wastewater would be purchased and returned to the City of Oklahoma City via a separate Utility Agreement. All grey water used, purchased or returned to the City of Oklahoma City will be as set forth in a separate negotiated Utility Agreement with the City of Oklahoma City. The City of Oklahoma City Utility Agreement will call out the required quality of the grey water purchased and returned to comply with all Oklahoma Department of Environmental Quality laws and regulations.”

Harkins said, “Normally, one would have had their due diligence far enough along the process. They would have had some of those concerns answered when they applied, which tells me they’re either still working on it or they’re close enough that they’re keeping things to their chest because they don’t have the agreements finalized. So to me, that’s one of those we would like to see the written agreement before we say yes. … I would have a hard time as zoning administrator and town manager recommending approval if they didn’t have that.”

On Town  Water and Sewer Expansion to the Site

Harkins: “They can pay for the line extensions, and then we’re happy to let them connect. And they can pay for the impacts of additional need for water capacity, as well as help pay for the impact of sewage treatment,” said Harkins.

On Power

Residents and businesses are concerned about the electricity load that might strain service. One Luther friend who works at home said it’s typical to lose power, briefly though frustratingly, during the workday, affecting productivity. The Red Bud Power Plant is operated largely by OGE. The power company has not weighed in specifically about the impact of Beltline’s proposed project on service to all nearby customers. 

On Fire Protection

Beltline’s application refers to the Luther Fire Department, but does not mention that it is a volunteer fire department. Will the company offer sustained funding for specialized training, equipment, and facilities? 

The Catch

Typically, the contractors (Beltline) build a data center, and another company operates it. Which company? Will the new company honor agreements, and will it be a good steward of the community? Many remember the construction of the Red Bud Energy plant, which began construction in 2001. Operational in 2004, ownership changed to OGE and groups like OMPA by 2008. Many remember enticements and promises made for the community. They remember those promises were not kept. 

The Impact

Harkins said Beltline’s SUP application provides leverage to the town. “That gives us the ability to negotiate conditions and provide the town leverage to address a lot of the concerns. Right now, the zoning ordinance allows industrial uses on more than 40 acres in an agricultural district with a Specific Use Permit. So that gives us a negotiating tool, and again, leverage. Luther’s proposed data center ordinance (to be considered at the June 17 meeting) was designed to provide additional baseline guidance for the application of that use so that there is at least a set of bare minimums that have to be established. that we would need to see for an application to even have a chance to be approved.”

Harkins also said he will seek impact fees, particularly during the anticipated five-year construction phase. “Those are fees paid by the developer based on the impact of the road, the infrastructure, plan review, inspections, all of those things, as well as other issues like how they deal with water for cooling.”

The NDA 

Mayor Arps received widespread criticism last week when the wider media grabbed hold of a copy of a non-disclosure agreement, as the LRN reported last July. I asked him if he regretted signing it. “Knowing now … It seemed like a good thing to do at the time, and it proved not to be. Because of the public perception,”  Arps told The Oklahoman, “After hearing concerns from residents regarding transparency, the board chose not to approve the agreement,” Arps said. “As a result, no NDA was ever executed or put into effect. To be clear, the Town of Luther has never entered into an NDA with Beltline Energy.”

The document was pre-signed and was narrowly scoped, and did not prohibit transparency.

From the 2025 LRN article: “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.” 

The Process

In addition to two public hearings, Wednesday’s meeting, and possibly one more meeting with the planning commission and board of trustees combined,  the Planning Commission and the Board of Trustees will vote on the application, possibly as soon as July 13, 2026.

“Their options would be to approve as presented, approve as amended, to deny, or to defer to a later date if they feel additional discussion is needed, said Harkins.

“There’s nothing that says they can’t reapply. Maybe with a better application, if they want it. Which, yes, if an applicant, any applicant wants to choose to reapply, I would encourage them to sit down with us, a staff, and we can walk through it. We can share all of that. And hopefully they do that. If not, we might be back in the same boat. The other option (for the applicant)  is to appeal to district court. and ask the court to provide relief and overturn the decision. Now, they can ask for just that, or they can ask for monetary damages as well.”

The Board, on Wednesday, will also consider a data center moratorium. The proposed moratorium echoes actions from other municipalities to take a pause while the information, impacts, and regulatory quagmire is better understood.

Speaking of Lawsuits

A lawsuit was filed last week in Oklahoma County District Court by plaintiff Kelly Finn, naming Arps, the Board of Trustees, and the town manager as defendants. Finn’s suit, unrelated to the data center,  seeks a PETITION FOR DECLARATORY JUDGMENT, WRIT OF MANDAMUS, AND INJUNCTIVE RELIEF. Finn applied for “rezoning and subsequent rezoning ordinance from A-1 Agricultural to I-Industrial and Manufacturing for a property located on the southeast corner of 164th Street and N. Luther Road.” The public hearing on the application was held at the May Board of Trustees meeting. Finn is the property owner. TylerKauk with Blackmon Metal Works of Oklahoma City is also on the application.

Finn’s parcel backs up to the Kickapoo Turnpike on Luther Road at 164th. His application sought to use two acres of his 38.5-acre parcel, purchased five years ago, for a steel fabrication operation in a roughly 60-by-120-foot building. He said he changed his plans to move the building to the far corner of the property, resulting in increased costs due to a longer drive, to accommodate residents’ complaints raised during previous Planning Commission meetings. 

Several neighbors spoke against the landowners’ request to use their property for a private business during the May Board of Trustees meeting, citing increased traffic on Luther Road, noise, and other concerns.

From the meeting minutes to be considered at the June 17 meeting, “Terry Arps opened the public hearing. Multiple residents spoke regarding the item. Terry Arps closed the public hearing. Carla Caruthers moved to deny the rezoning application, seconded by Cindy Taylor. The Vote: Three (3) Yes. Terry Arps abstained from the vote.” Trustee Jerrod Davis was absent.

The lawsuit was filed on June 8, 2026.

On Good Land Use

Harkins said one of the best protections of property rights, for any property owner, is good land planning and land use controls, “because it is only one of the few guaranteed ways that any community has to help balance out the interests of competing property owners and developers.”

The Luther Planning Commission serves as an advisory body to the Town Board of Trustees on land use, development, and zoning matters. With a recent resignation, the Board will consider applicants to fill the vacancy on Wednesday. Applicants are: Nick Hutchins, Larry Brady, Tyler Slawson, and Chris Carlsen.

Wednesday’s Meeting

Due to the uniqueness of Wednesday’s rescheduled meeting being held outside on Main Street, the Town of Luther posted the following:

“We will be doing the meeting on Main Street in front of Town Hall to accommodate the larger crowd.

Please plan to leave your ice chest and coolers at home as they will not be allowed in the area.

No grills or other food preparation will be allowed in the area, but you may bring prepared food in with you.

Please expect very warm temperatures so dress lightly and stay hydrated before you arrive. Personal fans will be allowed.

You may bring a water bottle with you into the area.

Seating will not be provided, but you may bring a blanket or chair. The buildings on the west side of the street will provide some shade as well.

Be prepared for a lengthy meeting the number of speakers we had signed up last Tuesday amounted to just over four hours.

You can enter the area at the intersection of first and Main surrounding alleys and streets will be blocked off and attendees will have to be enter the area through a metal detector.

If you wish to speak on an item, please make sure you sign up at one of the tables in the assembly area after you enter.

We will have a relief area for cooling in the media room inside Town Hall, so that people can cool off whilst still watching and listening to the meeting .

Only service animals will be allowed. We love your animals but please keep them at home.

Limited availability for food trucks is available, provided they have a current business license with the Town of Luther.” Other businesses, including Main Street Nutrition, said they will open for the meeting.

Options

Four hours to accommodate those who signed up for last week’s postponed meeting. If they sign up again, and more sign up, at two-minute increments without pauses or questions, that’s 30 speakers an hour. That points to the seriousness of this issue, but it also requires consideration of practical challenges and cumulative fatigue. Each Board of Trustees member has a dedicated email address. They read them. It’s a valuable communication tool that benefits elected officials and the community.

Luther Town Trustee emails:

Arps, Trustee1@townoflutherok.com

Davis, Trustee2@townoflutherok.com

Caruthers, Trustee3@townoflutherok.com

Schwarzmeier, Trustee4@townoflutherok.com

Taylor, Trustee5@townoflutherok.com

Helpful Links

• Data Center SUP Application
• Agreement from Beltline
• BLE Landholdings Statement
• June 9, 2026, Luther Board of Trustees Agenda and Packet
• July 13, 2026, Public Hearing for Luther Planning Commission
• Beltline’s project website