Amazon has filed a complaint with Oregon regulators that accuses PacifiCorp of violating agreements to provide power to four data center campuses in the utility’s service territory.
Amazon Data Services (ADS) filed the complaint Oct. 30 with the Oregon Public Utility Commission, saying it had exhausted “all reasonable efforts for resolution with PacifiCorp.” Amazon said it invested in the data centers based on PacifiCorp’s agreement to provide service.
Amazon is asking the commission to require PacifiCorp to supply the agreed-upon power — or to move the data centers into the territory of another utility that’s willing to provide electricity.
“Despite ADS paying PacifiCorp … under binding contracts, PacifiCorp breached its statutory obligations and contractual duties by failing to supply ADS with the promised power,” Amazon said in the complaint.
In a statement provided to RTO Insider, PacifiCorp said it has been “acting in good faith to serve Amazon’s significant load in a manner that would achieve Amazon’s operational goals while protecting PacifiCorp’s existing customers from increased costs and reliability issues.”
“We are open to ongoing discussions with Amazon to reach a resolution that achieves these goals,” the utility said. “It is PacifiCorp’s policy position to avoid direct and indirect harms between customers. This is consistent with Oregon law, which ensures new data center loads do not jeopardize customer affordability.”
PacifiCorp’s response filing with the PUC is due Nov. 19; the company asked the commission to extend the deadline for filing a response and a potential motion to Dec. 19.
Amazon said it has been working since 2021 to develop four new data center campuses in PacifiCorp territory in Oregon.
For the first campus, called Specialized, PacifiCorp is “supplying significantly less power than promised,” Amazon alleged. A second campus, called Litespeed, hasn’t received any power from PacifiCorp, according to the complaint.
And for two other data center campuses, known as Pivot and Gray, PacifiCorp “has refused to even complete its own standard contracting process,” Amazon contended.
Amazon also accused PacifiCorp of trying to increase Amazon’s costs in the form of a 32.6% “tax gross-up” on capital contributions.
For the Specialized and Litespeed data centers, Amazon and PacifiCorp entered into a series of three agreements. The first two covered preliminary design and engineering work. The third agreement, known as a master electric service and facilities improvements agreement (MESA), required PacifiCorp to complete particular improvements and then deliver power as specified in the contract.
The Gray and Pivot campuses didn’t move beyond the first two agreements with PacifiCorp to a MESA agreement. According to Amazon, PacifiCorp told it to forfeit the contracts for the Specialized and Litespeed campuses if it wants agreements for Gray and Pivot.
The complaint, which was heavily redacted before being filed in the public docket, doesn’t show the amount Amazon has spent on capital improvements and development costs under the contracts with PacifiCorp. It also doesn’t give the exact location of the data centers, other than saying they’re in PacifiCorp territory.
Amazon said the four data centers in its complaint would complement existing data centers in the region. The company’s data center portfolio includes facilities in Morrow and Umatilla counties in Eastern Oregon.
