The City of Hilliard announced today that it has withdrawn its appeal before the Ohio Environmental Review Appeals Commission (ERAC) challenging the Ohio Environmental Protection Agency’s Permit to Install and Operate (PTIO) issued for the 72.9-megawatt solid oxide fuel cell facility at the Amazon Web Services data center campus on Scioto Darby Road.
The facility is being constructed, owned and operated by Ohio Power Company (AEP Ohio) using 228 Bloom Energy fuel cell units to serve the data center’s onsite electricity demand.
The City filed the appeal in November 2025 after Hilliard City Council unanimously directed the administration to retain outside environmental counsel and challenge the permit.
“Withdrawing this appeal is not an endorsement of this project,” said Hilliard City Council President Emily Cole. “From the beginning, we knew this would be an uphill battle because state law intentionally gives local communities very limited authority over facilities like this. Even so, we believed we owed it to our residents to pursue every available option.
“We retained outside counsel, filed the appeal, commissioned independent air quality reviews, and evaluated every legal avenue available to us,” she said. “While we did not achieve the outcome many residents hoped for, we obtained important information about the project’s impacts and established a path for future air quality monitoring.”
Independent Air Quality Analysis
At the City’s request, Bloom Energy and AEP completed an air dispersion study in February 2026 to evaluate carbon dioxide emissions from the proposed fuel cells. The study found that projected increases in carbon dioxide concentrations would remain well below levels generally considered a health concern.
The City later commissioned an independent review by Pinyon Environmental, which confirmed the methodology and conclusions of the original analysis. Together, the studies indicate that air quality impacts from fuel cell operations are expected to remain below established health and safety thresholds.
The City also plans to conduct air quality testing after the fuel cells become operational to compare actual conditions with modeled projections.
Review of the City’s Legal Position
Outside counsel advised the City that the legal grounds available through an ERAC appeal are narrow.
After reviewing the applicable law and the results of the independent air quality analyses, City Council and the administration concluded there was no realistic path to achieving the outcome residents sought through continued litigation.
With this decision, the City has exhausted the available legal remedies under current law.
Concern About the Loss of Local Review
Under Section 4906.13(B) of the Ohio Revised Code, the Ohio Power Siting Board holds exclusive jurisdiction over electric generation facilities larger than 50 megawatts. No local government may require a permit for, or otherwise condition, the construction and operation of a facility holding an OPSB certificate. AEP Ohio withdrew its application to the City’s Planning and Zoning Commission in October 2025, citing that provision.
“Through this process, we obtained independent scientific review, greater transparency around the project, and a commitment to future air quality monitoring,” Cole said. “Those are meaningful outcomes. At the same time, we remain disappointed that residents and local governments have so little ability to review or influence major power generation projects proposed within their own communities.”
Support for Norwich Township’s Safety Review
The City of Hilliard supports Norwich Township’s ongoing review of safety and emergency response procedures for the fuel cell installation and the natural gas service that will supply the site.
Norwich Township’s review of site drawings, shutoff and emergency shutdown procedures, pre-incident planning, and responder training is exactly the type of oversight this installation requires, Cole said.
AEP Ohio has stated that project drawings will be presented to area fire departments, that field staff will walk fire inspectors through the site, and that fire prevention and emergency response training will be made available to local first responders.
The City expects those commitments to be fulfilled and will continue to make its staff and resources available to support Norwich Township throughout that process.
