🏛️ Issues and Advocacy Training
Courses › Data Centers in Your Community: Power, Water, Land, Money

Lesson 7 of 9 · about 18 minutes

Secrecy and Process: Who Is Behind It and How to Find Out

You'll be able to

  • Explain why developers use code names, LLCs and NDAs, and the public-accountability concerns they raise
  • Trace an LLC to its parent using business filings, deeds and permit applications
  • List the public records to request and the agencies that hold them
  • Apply Idaho's open meeting and public records timelines to a data center proposal

Data center site selection is competitive and quiet. A company may scout dozens of sites in several states at once. It does not want land prices to jump when sellers learn a trillion-dollar firm is buying, and it does not want rivals to know where it is expanding. So projects arrive with code names, generic LLCs and confidentiality agreements. That secrecy has a business logic. It also means residents can find themselves arguing about a building without knowing who will own it, how much power and water it needs, or what officials already promised.

The usual layers

  • Code name. "Project Blue," "Project Falcon," "Project Juniper." Says nothing about the end user.
  • Site-selection consultant or developer. A firm that negotiates on the end user's behalf. In Tucson, Beale Infrastructure fronted Project Blue.
  • Special purpose LLC. Holds the land, files permits, signs the utility contract. Meta's Idaho site appears in utility filings as Brisbie LLC, which the 2022 Idaho Power application identified as a Meta affiliate.
  • NDAs with officials. Signed by economic development staff, sometimes by elected officials, utilities or procurement directors.

Tucson shows how this plays out. KJZZ reported that Pima County, Tucson Electric Power and the City of Tucson signed early NDAs with the developer. Pima County Supervisor Matt Heinz told KOLD that the county's NDA, signed by its procurement director, covered all 7,000 county employees and the five supervisors. Amazon's connection surfaced when the county administrator sent out a document showing it, and Arizona Luminaria later obtained an NDA naming Amazon Web Services. The council rejected the city's part of the project on August 6, 2025, and residents later pressed the county over its June approval of the land sale.

An NDA signed by a staffer does not override your state's public records law. Records are open unless a specific exemption applies. Ask the agency to name the exemption it relies on.

How to find out who is behind it

Work from the documents that a project cannot avoid filing.

RecordWhereWhat it can reveal
Deed and purchase contractCounty recorderBuyer LLC, signer, law firm, price per acre
Business filingSecretary of stateRegistered agent, organizer, manager, mailing address
Rezone or permit applicationCounty planning and zoningApplicant, engineer, site plan, building size, phasing
Will-serve lettersCity water and sewer, utilityWater and power quantities requested
Utility special contract or filingState utility commissionCustomer name, MW, terms, sometimes parent company
Air permit applicationState DEQResponsible official, engine count, fence-line modeling
Incentive applicationState commerce or tax agencyInvestment and job pledges
Federal filingsFAA (tall structures), FERC (if connected to transmission)Coordinates, heights, corporate names

Look for repeated names. The same law firm, engineering firm or registered agent across several LLCs often points to the parent. Compare the LLC's mailing address to addresses on other filings. Check whether the "LLC 4" in the name implies LLCs 1 through 3 elsewhere. And read the utility filing: a commission usually needs to know who the customer is to judge credit risk, even if the name is confidential in the public version.

Example: tracing an LLC in an afternoon

Invented Basalt Ridge 2 LLC buys 380 acres in Pell County. Here is the paper trail, in the order anyone could follow it.

  1. Deed. Signed by a "manager" whose name you search. The deed was prepared by a law firm in another state.
  2. Secretary of state. Basalt Ridge 2 LLC is a foreign LLC registered in your state, formed in Delaware. The registered agent is a national service company, which tells you little. But the annual report lists a mailing address: a suite in an office tower.
  3. Same address search. Searching that address in business records in three states turns up Basalt Ridge 1 LLC, which owns a campus already operating elsewhere. Its utility contract, filed publicly in that state, names the end user.
  4. Local filings. The Pell County pre-application packet lists a civil engineering firm. Its website portfolio shows recent work for the same end user.
  5. Confirm. You now have a strong inference. Ask the end user, the developer and the law firm, in writing or at a public hearing, to confirm or deny what the documents show. Keep the documents either way, and note whether anyone declined to answer.

When you raise this at a meeting, in testimony or online, show the documents and label the link as inference. "Records link the LLC to" is accurate. "The company is building" requires confirmation.

Public records to request

In Idaho, Idaho Code 74-103 gives an agency three working days to grant or deny a resident's request, extendable to 10 working days with written notice. No response by the deadline counts as a denial. Nonresidents get 21 days and 35 with extension. The Idaho FOIA / Public Records Letter Generator builds request letters that cite the statute.

Checklist

  • All NDAs or confidentiality agreements signed by any official or employee regarding the project
  • Emails and texts between officials and the developer, consultant or LLC, by date range and keyword (code name, LLC name, parcel number)
  • Calendars of the economic development director and commissioners for the period
  • Will-serve letters and water or sewer capacity studies
  • Draft development agreements, PILOTs and term sheets
  • Executive session minutes or recordings where your state allows release
  • Incentive applications and the agency's evaluation
  • Road use and haul route agreements

Open meetings

Idaho's Open Meeting Law requires five calendar days' notice for regular meetings and a 48-hour agenda (Idaho Code 74-204). Closed executive sessions are allowed only for listed purposes and need a two-thirds roll call vote that cites the specific subsection (74-206). Subsection (1)(e) allows preliminary negotiations on trade or commerce where the body competes with governing bodies in other states or nations, which is how early data center talks often get closed. Subsection (1)(c) covers acquiring real property not owned by a public agency. No final action may happen in executive session.

If a body breaks the law, an action taken can be declared void, but suit to void must be filed within 30 days; other suits have 180 days. Members can face civil penalties up to $250, or $1,500 for a knowing violation (74-208). Track a body's meetings with the Idaho Open-Meetings Compliance Tracker.

The approval path

Land use Pre-application P and Z hearing Board decision Building permit Utility Service request Studies PUC docket Air and water DEQ application Comment period Permit issued The tracks run in parallel. The first public filing is often on the utility or air track, not land use.
Three approval tracks. Watch all of them.

Texas now requires large-load customers to disclose duplicate interconnection requests elsewhere in the state under SB 6. Even where no such rule exists, ask the developer directly whether the project has applied for service in other counties or states.

Common mix-ups

  • Claim: Officials who signed an NDA cannot release any records. What the evidence shows: State records law controls. A contract cannot create a new exemption. Agencies must cite a statutory exemption, such as for trade secrets.
  • Claim: Secrecy proves something sinister. What the evidence shows: Confidential site selection is routine in industry. The accountability question is what officials committed to before the public could weigh in.

Reporting angle

  • Search the secretary of state for the LLC and every LLC sharing its registered agent.
  • Pull the deed and the plat. Note the law firm on the documents.
  • Check the utility commission and DEQ weekly for filings naming the LLC or parcel.
  • Request NDAs and communications early. The clock starts when the agency receives the request.
  • Read executive session motions in minutes. Was the subsection cited? Was a two-thirds roll call recorded?

Research angle

Check yourself

1. In the Tucson Project Blue case, which public bodies signed early nondisclosure agreements with the developer, according to KJZZ?

2. Under Idaho Code 74-103, an agency must grant or deny a resident's public records request within how long, absent an extension?

3. Which Idaho executive session purpose most often gets cited for early economic development talks?

4. An LLC named 'Sagebrush Holdings 4 LLC' buys 400 acres. Which record is most likely to show a connection to a larger company?

5. Under Idaho Code 74-208, how long does someone have to file suit to have an action declared void for an open meeting violation?

6. Why does an air permit application often reveal more than a zoning application?

Terms in this lesson

Nondisclosure agreement (NDA)
A contract promising to keep information confidential. Public officials sometimes sign them during site selection.
Code name
A project label such as 'Project Blue' used to keep the end user's identity private during negotiations.
Special purpose LLC
A company created to hold one property or project, often with a generic name that hides the parent.
Registered agent
The person or firm a business names to receive legal papers. Often a law firm or service company that handles many related LLCs.
Executive session
A closed portion of a public meeting allowed only for purposes listed in law, with no final action taken.

Full glossary

Sources