West Virginia Officials, Fundamental Data Clash Over Project Certification Deadline
The West Virginia Department of Commerce and Fundamental Data are in a dispute over the company's "Ridgeline Project" and its compliance with state regulations for "High Impact Data Center" certification. The state claims Fundamental Data missed a deadline to register the project, while the company argues the interpretation of the law and deadlines are incorrect. The project involves a microgrid data center with significant gas-fired and solar power generation in Tucker and Grant Counties.
The West Virginia Department of Commerce is locked in a dispute with Fundamental Data, LLC regarding the company's "Ridgeline Project," a proposed microgrid data center slated for Tucker and Grant Counties. Deputy Secretary Nicholas S. Preservati sent a letter to Casey Chapman, Responsible Person for Fundamental Data, alleging that the company failed to register the project as a "High Impact Data Center" by a June 17th deadline, thereby violating state code 145 CSR 20-10.1.
Preservati's letter cited a May 18th meeting in Tucker County, organized by the West Virginia Office of Energy, where Fundamental Data representatives detailed the project's plans. These plans reportedly included a microgrid data center with a gas-fired power plant in Tucker County and data center facilities spanning both Tucker and Grant Counties. Phase 1 projected 800 MW of gas-fired power, 1.3 GW of solar electricity, and 14 data center buildings, while Phase 2 would add another 3.1 GW of gas-fired generation and corresponding data centers.
Chapman swiftly refuted the state's claims, arguing that Preservati had conflated the definitions of a "High Impact Data Center" and a "Certified Microgrid District." Chapman asserted that the obligation to register as a High Impact Data Center attaches to the end-user entity, not the generation developer, and that certification as a Certified Microgrid District is voluntary with no associated filing deadline. He also challenged the state's authority to combine two distinct certification processes into a single 10-day deadline of its own creation. Fundamental Data maintains its full compliance with West Virginia law and seeks a finding in its favor.