Wiscasset's non-disclosure agreement with whoever is eying putting a data center off Old Ferry Road obligates neither party to make further agreements, or to "proceed with any possible relationship or other project," the NDA states.

On a request to the town, Wiscasset Newspaper has received via email the NDA, redacted to protect the identity of the party interested in the town-owned acreage opposite the former Maine Yankee nuclear power plant. 

The document shows Town Manager Dennis Simmons signed it Aug. 19; the NDA ends in a year, or in 30 calendar days "following written notice by either Party to the other of its desire to terminate this Agreement, whichever occurs first. However, the obligations (in the NDA) shall remain in effect for (a year) from the date the Confidential Information was disclosed ..."

The NDA is still in effect, Simmons confirmed Oct. 20 in his responses to more than a dozen questions.

In his five years as Wiscasset's town manager, this was Simmons' first time signing an NDA. Asked about his authorization to sign it, he explained, town counsel advised that he could sign it, and the selectboard was informed. 

The NDA bars the parties from making public disclosures about each other, "the existence of this Agreement, or the subject matter ... without the prior written approval of the other Party."

In an Oct. 7 selectmen's meeting, Chair Sarah Whitfield noted the town’s signing of the NDA. The town got written approval to disclose this, Simmons said Monday.

Has the town informed the other party about the public feedback (which was largely in opposition to a data center) the board heard Oct. 7 from Wiscasset and Westport Island speakers? "Not in any detail," Simmons said. He said Economic Development Director Aaron Chrostowsky informed the party there is opposition.

Asked about public feedback, in any form, that is in favor of a data center at that site, Simmons said, "There are residents opposed, but it seems most of the opposition is from out of town. Several residents have expressed their support, but I find most of the comments, to me anyway, tend to support the idea, but want to see an actual proposal before making a decision."

Wiscasset Newspaper also asked Simmons, "For either or both parties, has the Oct. 7 or other public feedback impacted the likelihood of a data center at the town’s Old Ferry Road property reaching the proposal stage?"

Simmons replied, "The town’s position remains the same. There is a conceptual plan (idea) and both sides are gathering information to determine if the idea is feasible."

In other responses, Simmons confirmed the selectboard has had two executive, or closed door, sessions on the data center inquiry; an agent of the other party attended one of them; and no more are planned "at the moment."

Asked for any other comment, Simmons spoke about what the NDA does and does not represent. He said it is "not meant to allow us to make backroom deals. It lets town administration and outside parties share sensitive data that might not be available otherwise, so we can vet whether any concept is even feasible. Maine law already requires confidentiality for certain information and other categories of records; the NDA just keeps that sensitive material where it belongs while we do our homework.

"If a formal proposal ever exists, it must go through our normal permitting process and any required state process, both of which are public processes," Simmons said. "The NDA does not subvert nor take the place of that process. Some of the information obtained as a result of the NDA may be available at that time. In the meantime, we’ll report what we can, when we can, without compromising the town’s position or violating the law."