The subpoena fight is the reason the record is incomplete
The closing question in U-37882 is not only whether seven plants are needed. It is whether the Commission has enough evidence to decide that the plants, the contract, and the leftover-cost treatment are in the public interest. Advocacy parties asked Meta to produce the documents behind the investment, job, and electricity-demand claims Entergy is relying on.
Earthjustice, representing the Alliance for Affordable Energy and the Union of Concerned Scientists, says Chief Administrative Law Judge Melanie Verzwyvelt partially granted that subpoena on July 10, 2026. She ordered Meta to produce records supporting expected investment and permanent job creation, plus documents substantiating electricity needs. She rejected other categories, including detailed load-fluctuation data, sustainability-agreement communications, and Meta financial-guarantee files.
The Commission then reversed her. The American Press / Center Square report says commissioners voted 3-1 on August 12, 2026 to vacate the subpoena: Coussan, Skrmetta, and Francis in the majority, Lewis opposed, Campbell absent. The written reversal is order U-37882-A, dated September 17, 2026. LouisianAI's U-37882 record also notes a later confidentiality action: on September 16 the Commission accepted an attorneys'-eyes-only agreement and vacated an August 6 ALJ ruling, with written order U-37882-B dated October 16, 2026.
That sequence matters for closing. A utility certification can be granted on a compiled record. If the record omits the customer's own substantiation, opponents will argue the Commission cannot know whether the load, the jobs, or the residual-cost story is real. Supporters will argue the electric service agreement and collateral package already protect other customers. The Commission, not the parish, has to pick.