Public records & community action · September 17, 2026
TCEQ declines Gerdes’s meeting request. Pacifico’s eligibility remains undecided.
Read TCEQ’s September 17 response, ask for answers before a decision, and help through community comments, the opposition map, volunteering or donations.
What TCEQ told Rep. Gerdes
On September 17, Rep. Stan Gerdes reported receiving TCEQ’s response 27 days after his office requested a public meeting. He said he was disappointed, would continue working for residents to be heard, and had asked for clarification about the decision timeline and a possible motion to overturn.
The two-page response is signed by Kelly Keel, TCEQ’s Executive Director, and concerns Pacifico CCK Energy 1, LLC, Registration 185019 / Project 413471. The letter confirms:
- The application is still under review. TCEQ has not decided whether Pacifico qualifies for the electric-generating-unit standard permit.
- TCEQ is declining the requested meeting under this permitting route. It says this facility-specific registration is not subject to Chapter 39 public-participation requirements. It points instead to participation when the general standard permit was developed.
- Eligibility still matters. If Pacifico cannot qualify, TCEQ says it would need another authorization, such as a case-by-case New Source Review permit with Chapter 39 public participation.
- A challenge would be possible after approval. The letter identifies a motion to overturn under Chapter 50.
Read TCEQ’s full September 17 letter (PDF). Gerdes’s accompanying statement is summarized here from the message provided to Lost Pines Watch.
What this means in plain language
Pacifico is seeking permission to build its power plant through a streamlined air-permitting process. TCEQ says that process does not require a public meeting on this particular location. But TCEQ has not yet decided whether Pacifico is eligible to use that process. Residents can press for the evidence behind that decision now.
Lost Pines Watch’s position: Residents deserve answers about this site before a decision. Public participation when a general permit was created does not answer this community’s questions about Pacifico’s proposal. The letter explains TCEQ’s view of mandatory participation; it does not identify a rule that prevents staff from attending a voluntary public forum.
The standard-permit exclusion appears in 30 TAC §39.402(b)(2), in TCEQ’s 2026 adopted rules. That exclusion does not settle whether this project qualifies for the permit.
What residents can do now
- Ask Gerdes and Schwertner to press for answers before a decision. Thank them for their involvement and ask them to arrange a public forum with TCEQ technical staff and project representatives. Ask TCEQ to defer a decision until the underlying eligibility questions have been publicly addressed. This is a request for agency action, not an automatic right to a pause.
- Ask for the complete eligibility analysis. Request the current application and revisions, deficiency letters and responses, corrected emissions calculations, and the operating limits and compliance measures TCEQ would rely on. Ask how the entire project complies with major-source and anti-circumvention requirements under 30 TAC §116.610(b)–(c). The question is whether the proposal lawfully qualifies; its electrical capacity alone does not decide that.
- Request notice and exact challenge instructions. Ask TCEQ’s Chief Clerk how to receive notice of any action on Registration 185019, which notice would start a filing deadline, where to file, and how to request a stay. Keep copies and confirmation of your correspondence.
Open the Resident Action Center for agency and legislative contacts. Reference 185019 / 413471 in your message. A request or comment does not guarantee a meeting, hearing or delay.
A short message you can adapt
Regarding Pacifico CCK Energy 1, LLC, Registration 185019 / Project 413471: TCEQ’s September 17 letter says eligibility for the standard permit remains undecided. Please obtain and publish the current application, deficiency correspondence, emissions calculations and written eligibility analysis; arrange a public forum with TCEQ technical staff before a decision; and obtain clear written instructions for decision notification, a motion to overturn and any request to stay an approval. Residents should have answers before this application is decided.
If approval comes: what a motion to overturn does
A motion asks the commissioners to reverse the Executive Director’s action. Under §50.139, the ordinary deadline is 23 days after the agency mails notice of the signed action to the applicant and any required mailing list. Filing does not automatically pause the approval. Unless extended, the motion is denied if the commissioners do not act within 45 days of that mailing.
The September 17 letter is not an approval notice and does not start that clock. Any actual filing needs the decision, verified deadlines and specific grounds. Court deadlines may run separately; do not wait for a motion ruling to obtain legal advice. Sources: §50.139 and TCEQ’s participation guide.
Share a comment. Add yourself to the opposition map.
What would you like the companies behind the proposed Pacifico data center and power plant to answer—or understand about how this proposal affects you?
Lost Pines Watch is collecting community questions and comments to deliver to project representatives. Leave a comment, join the map, or do both using the same form. Already on the map? Just leave a comment.
A question, concern, personal experience or statement of your position is welcome. You don’t need technical expertise. We plan to deliver eligible comments in residents’ own words and request written answers to recurring questions. With separate permission, we may also publish your comment anonymously in a future update.
The map shows anonymous totals in broad areas. Your exact address and email stay private. Select Show local opposition on the community map to see the totals.
This form goes to Lost Pines Watch. It does not submit anything to TCEQ, file a motion or preserve an agency or court deadline.
Want to help beyond this form?
Help with neighbor outreach, research, public records, contacting officials, writing or other volunteer work. Occasional help is welcome too.
Apply to volunteer with Lost Pines Watch →Our first donation appeal
Support Lost Pines Watch
We’re asking our neighbors to help fund this work. If you’re able, please make a donation.
Donations support efforts such as printing more signs, fliers and bumper stickers for community use. They also help cover public-records request fees and other costs of our research, outreach and organizing. 100% of your donation is used for these purposes.
Donations are not currently tax-deductible. We’re working on options that could allow tax-deductible donations in the future and will update the donation page when we have confirmed details.
What happens to your comment and map entry?
We review comments before delivery or publication. Spam, personal attacks, threats, harassment and comments exposing private information will be excluded. Eligible comments will be delivered as written. Only comments with separate publication permission may appear anonymously in a future update. We cannot promise that the companies will answer every question.
Map entries are reviewed privately. Your readable address is deleted after approval and assignment to a broad area. Your contact email remains private for managing the entry and, only if you opt in, sending email alerts. Comments sent to companies or published online will not include map contact details.
Comments and map entries are voluntary submissions, not a representative poll. Leaving a comment does not add you to the map. This form does not replace a submission to TCEQ or preserve any filing deadline. The application status above is based on TCEQ’s September 17 letter.