BRIEFINGS · POWER · NEW MEXICO
Oracle sent a force majeure notice on a Stargate site. It is a fight about timing, not about whether the money is owed.
A gas pipeline in New Mexico is six months late, and the tenant of a 2.45-gigawatt campus wants the right to delay rent. Oracle says the schedule holds.
On Thursday 24 September, Bloomberg reported that Oracle had sent a force majeure notice to the developer of Project Jupiter, the data center campus being built in Dona Ana County, New Mexico. The developer is Stack Infrastructure, a unit of Blue Owl Capital. Oracle is the main tenant. The campus is designed for about 2.45 gigawatts, is due to come online in 2028, and is one of the sites in the Stargate programme Oracle runs with OpenAI and SoftBank.
A force majeure notice is a contractual step. It tells the other side that something outside your control may stop you performing, and it preserves your right to be excused if that happens. Oracle is not walking away. According to Bloomberg, it wants the right to delay rent if the campus misses its opening, rather than give up its place as tenant.
The stakes are specific, and they are smaller than the word suggests. One person familiar with the matter told Bloomberg that if both sides agree a force majeure event tied to power has occurred, Oracle could win a three-year delay on rent once payments begin. It would still pay other costs in the meantime, and it would still owe rent for the full lease term. This is a fight about timing, not about whether the money is owed.
The thing outside Oracle's control is gas. The campus is meant to run on fuel cells burning natural gas, and the Energy Transfer pipeline meant to bring that gas was due to start this month. After the New Mexico State Land Office refused permits in March and again in July, its start date moved to 1 February 2027, a delay of nearly six months.
Here the story gets less comfortable for Oracle. According to a source quoted by Reuters, securing power for the site is Oracle's responsibility under the contract. If that is right, the tenant is pointing to a failure in the one thing it promised to deliver. Both can be true at once: a pipeline blocked by a state regulator can still be outside anyone's control. Whether it counts is exactly what the two sides may now argue about.
Oracle's own statement pushes firmly the other way, and it deserves quoting. The company said force majeure notices are commonplace in developments of this scale, are often used to preserve contractual rights, and do not by themselves establish a delay or change delivery expectations. It says Project Jupiter remains on its planned schedule. Blue Owl said the notice does not change the financial commitments to the project.
Large construction contracts generate notices like this, and a notice is not a cancellation. Nothing we have read says a single server, order or lease has been cut, and the details beyond the notice itself come from people speaking without their names attached.
So why put it on the map at all? Because of what kind of constraint it is. One of the nine conditions this map tracks is whether announced compute becomes working compute on time. That condition was never mainly about chips. It is about generation, gas supply, permits and water, and in New Mexico a state office has now said no twice. What is new is a tenant formally reserving the right to act on it, at a named Stargate site.
The second reason is who carries the risk while everyone waits. About twenty banks lent 18 billion dollars for construction. Reuters' source says Blue Owl has put in around 3 billion dollars of equity and that Oracle is responsible for the debt costs. A tenant winning years of rent relief would move timing risk toward the developer and its lenders. That is the kind of arrangement another of the nine conditions exists to watch: who actually pays for the build-out, and when.
The same day brought a second detail on that question. Anthropic committed 11.6 billion dollars over seven years to Akamai for computing capacity, and Akamai handed Anthropic warrants for about 5 percent of its own shares, more of which vest the more Anthropic spends. That is demand, but demand the supplier is partly paying for. We file it as minor: spending is an obligation for the buyer, not revenue, so it colors nothing.
Now the argument against reading too much into the Oracle notice. The completion date is 2028. Gas arriving in February 2027 leaves time. A tenant protecting itself with paperwork is ordinary prudence, and a well-run company would do it whether or not it expected a delay. If Jupiter opens on schedule, this notice becomes a footnote and we will say so.
What would change that is observable. The other side accepting or disputing the notice. A further slip in the pipeline date. A decision on the site's remaining permits. A confirmed change to the 2028 date. Oracle describing the notice in a filing, where it would become disclosure rather than reporting.
On the map, this keeps Oracle yellow rather than turning it red, because nothing has actually been delayed. Energy and the grid was already yellow from the California and Maryland actions and stays yellow; data centers were already red from the Texas and Virginia actions and stay red. OpenAI does not change color, because OpenAI did nothing. And none of this says anything about AI demand. It is about whether power arrives on time, and who pays if it does not.
What this evidence does not establish
- The notice has not been published. Its existence is reported by Bloomberg and Reuters from people familiar with the matter, and addressed on the record by Oracle and Blue Owl without denial.
- The three-year rent delay, the full-lease-term obligation, Blue Owl's roughly 3 billion dollars of equity and Oracle's responsibility for power and debt costs all come from unnamed sources. None is confirmed by either company.
- A force majeure notice is not a cancellation, a delay or a default. Oracle says Project Jupiter remains on its planned schedule. No order, lease, payment or capex line has changed as of 25 September 2026.
- OpenAI is not a party to the notice. This tells us nothing about OpenAI's demand, payments or plans for the site.
- The Akamai agreement is a spending commitment by Anthropic, not revenue for anyone on the map. Akamai is not on the map. No 2026 revenue impact was disclosed.
- The trading level of the construction loan and all share-price moves on the day are market prices. They are not reported here and are not the basis of any color.
- Sources give the campus's power as 2.45 or 2.5 gigawatts; we use 2.45. The 165 billion dollar figure some outlets cite is an upper cost estimate and is not used.
What to watch next
- Stack Infrastructure or Blue Owl accepting or disputing the notice.
- Any change to the pipeline's 1 February 2027 start date.
- A decision on the site's remaining permits in New Mexico.
- A confirmed change to the 2028 opening date.
- Oracle describing the notice in a filing or on its December earnings call.
- Anthropic committing any of the optional 9 billion dollar Akamai expansion.
Sources
- Oracle Cites Force Majeure to Shield Itself on Data Center24 September 2026
- Oracle Cites 'Force Majeure' on Controversial New Mexico Data Center25 September 2026
- Oracle triggers 'force majeure' on data centre project over power delays, source says24 September 2026
- Oracle sends 'force majeure' notice to Project Jupiter developers to protect itself from liability24 September 2026
- Oracle invokes 'force majeure' on Project Jupiter, but says data center still on track24 September 2026
- Akamai Announces $11.6 Billion Multi-year Agreement with Anthropic to Support Growing Demand24 September 2026
Every figure above comes from these sources. Nothing here is a recommendation to buy or sell anything, and Acts of Evolution is not an investment adviser. See the disclosures.
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