10/23/2025
NBC4 posted a story online today about the AWS fuel cell project at their Scioto-Darby Rd campus.
The main issue I have concerns jurisdiction: is it the State of Ohio or the City of Hilliard. Jurisdiction is important because it determines who decides if this fuel cell facility gets built, and if so, who will determine the conditions, especially how the more than 1 million pounds per day of CO2 that will be emitted will be handled.
AEP and AWS claim this is a "Major Utility Facility" which is defined in Ohio Revised Code 4906.01(B)(1)(a) as "Electric generating plant and associated facilities designed for, or capable of, operation at a capacity of fifty megawatts or more," which AWS and AEP claim places its approval under the Ohio Power Siting Board (OPSB), which is a state agency created by ORC 4906.
4906.13(B) goes on to say "(B) No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code."
In other words, what the OPSB decides is it when it comes to siting and constructing large scale utility infrastructure. No city, town or township can overrule the OPSB.
I haven't researched the legislative history of ORC 4906 and the Ohio Power Siting Board, but the reasonable assumption would be that it was enacted as a way to keep Not-In-My-Back-Yard (NIMBY) objections from stopping the development of critical energy infrastructure. After all, pretty much all of us use electricity, and it has to be generated somewhere, and there has to be transmission lines and substations to move the electricity from the generating plants to our homes. If every small town and township could say "yeah I want the power, but none of the ugly stuff near me," we'd not have have our electrical power grid. As Mr. Spock says, sometimes the needs of the many outweigh the needs of the few.
In this case, the proposed AWS fuel cell facility will be capable of generating 93 megawatts (MW) of electrical power, placing well over the threshold of ORC 4906.01(B)(1)(a).
But that's not the whole story.
This AWS fuel cell is not designed to provide power to the grid. The reason AWS needs their own electricity generating plant is that there's not enough electrical power available from the grid to power all the AI servers and support gear they plan to put in those massive buildings.
That's a reasonable solution. It's one I would have taken back when I was involved in the construction of large scale data centers. Other large data center operators in the region are facing the same constraint, and are also making plans to generate their own power, e.g. the 200MW gas turbine facility purportedly for Meta/Facebook in New Albany, which has been submitted to the OPSB as case 25-302-EL-BGN.
When presenting to the City of Hilliard Planning and Zoning Commission on October 9. 2025 for case PZ-25-59, representatives of Bloom Energy, who makes the fuel cells, emphatically made the point that this facility at their Scioto-Darby Rd campus will be "behind the meter." In other words, it's not part of the public infrastructure - it's to make power for just the buildings and machines on the AWS parcel.
If that is so, then I believe the OSPB has no role to play in the approvals of this fuel cell facility, no more so than the OSPB has jurisdiction over approving the dozens of diesel engine powered generators AWS has on this site, which in total certainly generate more than the 50MW threshold of 4906.01(B)(1)(a).
But there is a nuance that I won't claim to understand: the drawings provided to the Hilliard P&Z Commission show interconnections between the AEP substation and the fuel cell facility. I'm not an electrical engineer, and won't claim to understand the purpose of this interconnection. It could be something as simple as to ensure that should the fuel cell array have some kind of catastrophic failure, that there is sufficient power to the array to operate critical safety equipment like valves, fans and pumps.
Or it could be a connection that enables the fuel cell array to indeed send power to the utility grid. Maybe this is a strategy to make it so that the OPSB has jurisdiction, even if AWS never intends to sell even one watt-second to AEP. But maybe they intend to sell a significant amount of power to AEP if the fuel cell array is built out before all the servers and other gear gets installed in the datacenter buildings. Exploiting a technicality.
For me, all this circles around the CO2 emissions. Will the people of our community be harmed physically or economically by CO2 emissions of this magnitude? Will it create a "death bubble" onsite that could be fatally dangerous to workers on the AWS campus. Will there be higher CO2 levels on I-270 that could affect drivers? Beacon Elementary is only 1,000 yards from where the fuel cells will sit. Does the OPSB give a hoot about these questions?
My hope is that the Hilliard city leaders will file a court action to stop any further development of the AWS fuel cell facility until the question of jurisdiction can be answered. It's not cheap to hire a lawyer to draft and file such a lawsuit. The City has the funds, and is definitely a party to the matter. It's a question of whether or not the City Council wants to engage.
HILLIARD, Ohio (WCMH) — Amazon Web Services’ contested proposal to power Hilliard data centers with a fuel cell system is now expected to move forward without city approval. “In m…