West Virginia, data center developer clash over Tucker-Grant County project
West Virginia officials and Fundamental Data LLC are in a regulatory standoff over the proposed multi-gigawatt Ridgeline data center and power plant project in Tucker and Grant counties. State officials claim Fundamental Data missed a mandatory certification deadline for a "High Impact Data Center," while the developer argues the state is misinterpreting the law and lacks authority to impose the requirements.
West Virginia Department of Commerce officials and Fundamental Data LLC, a Virginia-based technology developer, are engaged in a regulatory dispute regarding a proposed multi-gigawatt data center and power plant complex, known as the Ridgeline project, in Tucker and Grant counties.
The state's deputy secretary of the Department of Commerce and director of the Office of Energy, Nicholas S. Preservati, sent a letter to Fundamental Data on June 18, asserting that the company failed to seek required certification for a "High Impact Data Center" within 30 days, as mandated by West Virginia Rule 145 CSR 20-10.1 and House Bill 2014. State officials calculated the deadline as June 17, based on information presented by the company at a public meeting in Tucker County on May 18, where a two-phase development with significant IT load was outlined.
Fundamental Data, represented by Casey L. Chapman, swiftly rejected the state's allegations, calling the violation finding "incorrect as a matter of law." The company argued that the state was confusing mandatory data center requirements with voluntary microgrid programs. Fundamental Data stated that as an energy developer building generation assets, not a technology company operating servers, the strict reporting requirements do not apply to it. Chapman also contended that the state's 90-megawatt threshold for a High Impact Data Center applies to "critical IT load," not raw generation capacity, and that the state failed to identify any actual IT load figures. The developer expressed frustration that its transparency at a state-convened public meeting was being used as the basis for an enforcement action.
While the Department of Commerce gave Fundamental Data a 10-day deadline to file a combined application, the company countered that the state lacks the legal authority to impose such a deadline and arbitrarily combined two distinct regulatory processes. Fundamental Data has formally requested written confirmation that no official violation has been found and that no compliance deadlines are running against the company, reiterating its willingness to engage with officials in good faith.