WV Official Says Fundamental Data Violated State Rule, Gives 10 Days to Comply

The West Virginia Department of Commerce has notified Fundamental Data that the company failed to meet a mandatory 30-day deadline to file for state certification as a high-impact data center. Deputy Secretary Nick Preservati stated that the requirement was triggered by a May 18 meeting in Tucker County where Fundamental Data discussed its plans for a large data center complex and associated power generation.

Fundamental Data promptly issued a three-page legal rebuttal, asserting that no such deadline applies because it is not pursuing a high-impact data center designation. Instead, the company indicated it might seek certification as a microgrid to supply power, emphasizing that the data centers themselves are still conceptual and their eventual users would determine the specific classification. The company also raised objections to the state's approach, arguing it was being penalized for its candor at a public forum.

This marks a significant setback for Fundamental Data, which has otherwise had a supportive relationship with other state regulators, including the West Virginia Department of Environmental Protection (DEP), which approved an air quality permit for the company's proposed power plant despite public opposition. Chris Morris, Director of the Data Economy Office, hinted at potential compliance issues for projects initiated before the state's deregulation law, noting the Department of Commerce's discretion in certifying projects based on factors like proximity to communities.

Local grassroots organization Tucker United has criticized Fundamental Data for not adhering to state rules, questioning the company's ability to follow stringent operational regulations if it cannot meet certification deadlines. The proposed power plant site, located between the communities of Davis and Thomas, has drawn community concerns that the Department of Commerce must consider.