Commerce Department drops violation notice for Tucker County data center project

News Clip1:09WBOY 12 News·Tucker County, WV·7/2/2026

The State Commerce Department rescinded a "Notice of Violation" against Fundamental Data for its proposed power plant and data center in Tucker County, West Virginia. The dispute revolved around whether the "Ridgeline Project" qualifies as a "High Impact Data Center" under House Bill 2014. The Department concluded that because the project is still in its conceptual phase, it does not currently meet the definition, but clarified this does not exempt it from HB 2014.

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Gov: State Commerce Department, Commerce Department, Nicholas Preservati

The West Virginia State Commerce Department has rescinded a "Notice of Violation" that had been issued against Fundamental Data, the developers behind a proposed power plant and data center in Tucker County. The disagreement centered on whether Fundamental Data's "Ridgeline Project" met the criteria for a "High Impact Data Center" as outlined in House Bill 2014.

In a letter sent to Fundamental Data, the Commerce Department stated that the project, still in its conceptual phase, does not currently satisfy the definition of a High Impact Data Center. However, Deputy Commerce Secretary Nicholas Preservati emphasized that the rescission of the notice does not grant the project an exemption from the requirements of House Bill 2014.

Preservati's letter indicated that it is not yet clear that the project's power or data components will ultimately trigger the requirements of HB 2014, given its early stage. The department also encouraged Fundamental Data to continue engaging with both the Department of Commerce and the public as the project progresses.