Hilliard challenges state permit for 228 natural gas fuel cells at Amazon’s Ohio data center

A dispute over local authority, air permits, and on-site power for data centers

The City of Hilliard has initiated a legal challenge aimed at stopping a proposed six-acre installation of 228 natural gas-powered fuel cell units intended to supply electricity to an Amazon data center campus in northwest Franklin County. The project is planned at Amazon’s roughly 142-acre data center site along Scioto Darby Road and would provide about 73 megawatts of power through an on-site, “behind-the-meter” generation system designed to serve the data center directly rather than feed the regional grid.

The fuel cell project is being developed by Ohio Power Company, a subsidiary of American Electric Power (AEP), under a private arrangement in which Amazon would cover the costs while AEP owns and operates the generation equipment. The fuel cell technology identified for the project is supplied by Bloom Energy and is described as generating electricity via an electrochemical process rather than combustion.

Regulatory pathway and why the city says it was sidelined

Hilliard’s challenge follows state-level approvals that, in the city’s view, limited municipal oversight. City officials have said the project proceeded under Ohio law that assigns primary jurisdiction for certain major utility facilities to the Ohio Power Siting Board, reducing or eliminating local planning and zoning review.

City Council authorized outside legal counsel in late October 2025 to pursue an appeal. A notice of appeal was filed in early November 2025 in connection with an Ohio Environmental Protection Agency air permit to install and operate the fuel cell facility.

Safety and emissions concerns raised by local governments and residents

Hilliard and nearby Norwich Township have raised concerns focused on air quality, emergency response planning, and proximity to homes and community infrastructure. Township leaders have cited questions about the delivery and storage of pressurized natural gas and the potential consequences of mechanical failure, fire, or explosion hazards in a dense suburban area.

Separately, residents have also objected to a related permitting effort involving a large set of backup generators at the same campus. Amazon has sought permission to operate 158 diesel backup generators, and community members have questioned how often those generators could be run and what the associated air impacts would be in nearby neighborhoods and around public spaces.

• Fuel cell proposal: 228 units, approximately 73 MW, occupying roughly six acres on the data center campus.
• Ownership/operation: AEP subsidiary would own and operate the system; Amazon would be the customer and fund the project under a private agreement.
• Related equipment under scrutiny: 158 diesel backup generators proposed for operation at the site.

What the companies say

AEP has described fuel cells as a safe option that can help meet customer demand while reducing emissions compared with some conventional alternatives. Amazon has emphasized its broader clean-energy development in Ohio and described the on-site power approach in Hilliard as temporary support while larger grid and infrastructure upgrades are completed.

The case now moves through state administrative and regulatory processes, where the central questions include the scope of state authority, the adequacy of air permitting, and how risks and emissions are assessed for large on-site generation serving data centers.

No construction timeline changes were publicly confirmed in the materials reviewed, and the outcome will depend on decisions in the pending appeals and any subsequent regulatory actions.