Power & SitesUnited States
$165bn Project Jupiter: What Oracle’s force majeure notice means for AI data centre risk
Oracle has issued a force majeure notice over Project Jupiter, its flagship Stargate data centre campus in southern New Mexico, preserving the right to defer rent if the site misses its 2028 start because its power supply is not ready.
The notice, first reported by Bloomberg, went to a unit of Blue Owl Capital, which owns developer STACK Infrastructure. Oracle is not seeking to exit as anchor tenant. According to Bloomberg, if both sides accept that a force majeure event tied to power has occurred, Oracle could secure a three-year delay on rent once payments begin. It would still owe other costs in the interim, and the full lease term once rent starts.
Oracle maintains the project is on track. “Project Jupiter remains on our planned schedule,” the company said. Oracle spokesman Michael Egbert described such notices as “commonplace in developments of this scale”.
Flooding then reached the site on 30 September, although Oracle and STACK said in a joint statement that no critical infrastructure was damaged and the schedule is unchanged.
Why did Oracle issue a force majeure notice?
The data centre buildings are under construction. The power to run them is not yet approved.
Project Jupiter is designed to run on a private microgrid of Bloom Energy solid-oxide fuel cells supplying up to 2.45GW. That supply chain has three regulatory links, and none is complete.
The air permit. The New Mexico Environment Department has until 23 November to decide on the microgrid’s air quality permit, according to Source New Mexico. A state Supreme Court stay paused the proceeding in August and was lifted on 17 September. The original hearing officer recused himself in August, and no replacement had been named by late September. At a July scheduling meeting, a lawyer for microgrid developer Yucca Growth Infrastructure said the company stood to lose $325m a month from November without a decision.
The gas supply. Energy Transfer’s Green Chile pipeline, which would fuel the microgrid, still needs Federal Energy Regulatory Commission authorisation. Its start date has slipped by roughly six months to February 2027.
The land. The New Mexico State Land Office cancelled rights-of-way for parts of the pipeline route in March and rejected a request to reconsider in July, saying they were not in the state land trust’s best interests.
Who carries the risk?
In a 14 September statement, Oracle stressed that the campus and the microgrid are separate facilities on adjacent sites, run by separate companies. That structure, increasingly common as hyperscalers turn to on-site generation, spreads delivery risk across contracts that do not automatically move together.
The economics sit in the lease. According to a person familiar with the deal, quoted by Reuters, securing power is Oracle’s responsibility under the contract, Oracle covers the project’s debt costs and it cannot terminate the lease. Blue Owl, with about $3bn of equity in the project, earns a 9% development-stage yield that rises to around 11% once the campus is complete.
Invoking force majeure extends the period of lower development-stage rent. Blue Owl still collects full rent for the planned term, only later. The notice therefore delays the landlord’s return rather than shifting debt onto lenders, and it tests how far force majeure can stretch when the tenant itself holds the power obligation. Markets reacted anyway: Oracle shares fell more than 3% on the day, according to CNBC, and the Financial Times has reported the roughly $18bn construction loan trading at stressed levels.
Bloom Energy chief executive KR Sridhar told Bloomberg TV this week that its units are “fungible” and can be redirected if a project slips. A developer holding a single campus has no such option.
What does this mean for the data centre market?
Force majeure is now a negotiated clause, not boilerplate. Tenants on AI campuses will seek explicit protection against permitting delays on power and fuel. Developers will push for tighter definitions and shorter relief periods.
Behind-the-meter power moves risk rather than removing it. Bypassing the utility avoids interconnection queues, but adds air permits, pipeline approvals and emissions scrutiny, each with its own opponents. It also concentrates exposure to gas supply and prices, a risk Capacity examined after the Middle East supply shock.
Local opposition is now a balance-sheet issue. Permit challenges, land office decisions and state politics now feed directly into rent schedules and the cost of capital. Lenders have already started pricing community opposition into financing terms, and nearly $200bn of US data centre projects are stalled. New Mexico fits a wider US pattern that looks very different in Europe and Asia.
There is a fallback. Oracle executive vice president Mahesh Thiagarajan told Doña Ana County commissioners in late July that if the permit is unavailable, the project would turn to the grid, and Senator Martin Heinrich’s proposed GRID Savings Act would make hyperscale data centres fund their own grid upgrades. Either route adds time.
Dates to watch: the air permit decision by 23 November 2026, FERC authorisation of the Green Chile pipeline, and pipeline commissioning targeted for February 2027.
What is Project Jupiter? A $165bn AI data centre campus near Santa Teresa in Doña Ana County, New Mexico, developed by STACK Infrastructure and BorderPlex Digital Assets with Oracle as tenant. It is one of the flagship Stargate sites built for OpenAI.
What does Oracle’s force majeure notice do? It preserves Oracle’s right to pay lower development-stage rent for up to three years longer if power delays stop the campus opening in 2028. It does not end Oracle’s tenancy.
Is Project Jupiter delayed? Oracle says no. The 2028 target stands, but the microgrid air permit and the gas pipeline it depends on are both still awaiting approval.
Who is affected if Project Jupiter is delayed? Mainly Blue Owl Capital, owner of developer STACK Infrastructure, whose step-up to full rent would be postponed. According to a Reuters source, Oracle covers the project’s debt costs and cannot terminate the lease.
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