Data Center Opponents Score Wins Even as Governor Signs ‘Microgrid’ Bill
Plus, Chamber of Commerce award winners announced
Opponents of a proposed power plant and data center near Davis and Thomas appear to be gaining traction, with the development of the facility running into headwinds on multiple fronts.
As expected, Gov. Patrick Morrisey on Wednesday signed a deregulatory bill intended “to Make West Virginia the Best State in the Country for Data Centers,” his office stated in a press release. The “microgrid” legislation, along with another bill Morrisey signed Wednesday, creates a “one-stop shop” for companies to get all the approvals needed to build data centers, the release states.
That expedited approval process, centralized at the state level, means that local governments have no authority to stop data centers from springing up in their communities. In addition, most of the property tax revenue from such facilities would be diverted to state coffers instead of going to local schools and municipalities, as would typically be the case.
The legislation drew widespread condemnation in Tucker County, largely uniting a community where long-time locals are often at odds with newer residents and vacation homeowners.
Many in the community quickly mobilized to express their opposition to the legislation, as well as a proposed data center near Davis and Thomas. Some early signs that they are making headway include:
Opposition slows permit application
Fundamental Data, a Virginia-based company, is seeking to build a facility between Davis and Thomas and needs an air quality permit to proceed. The company’s permit application is for a large, self-contained power plant on about 300 to 500 acres. The plant would produce electricity for what is widely believed to be a data center or multiple data centers, although Fundamental Data has not publicly explained why it wants to build a power plant.
The company’s permit application includes extensive redactions, citing “confidential business information.”
The state Department of Environmental Protection (DEP) determined that the permit application submitted was “incomplete” because the state needs further justification for the redactions. The DEP stated in an April 25 letter that its determination was triggered by “hundreds of public comments,” many of which raised concerns about the redactions in the permit application.
Fundamental Data has 15 days to respond.
Legislative backtracking?
The state’s regular legislative session has ended, but Morrisey has said he expects to call lawmakers back to Charleston this year to deal with a variety of issues.
Thomas Mayor Jody Flanagan said he expects the microgrid legislation will be amended in that session to restore some measure of local control. Flanagan said his assessment is based on his conversation with “a few people in Charleston.” He declined to provide specifics.
Success in winning more local control from Charleston “will come down to us going down there and fighting for it,” Flanagan said.
He added, “The next time that bill comes up, I’m going to be in Charleston for the duration. I won’t come home until it’s finished.”
Flanagan said he’s certain that the outpouring of local concern about the microgrid bill and the proposed local facility has had a big impact in the state capital, even if most of the calls don’t get returned.
“It does help to call down there. They’re hearing you,” he said.
Davis Mayor Al Tomson said he hasn’t heard about efforts to alter the microgrid law, but added, “that would be great.”
Flanagan said he doesn’t have enough information about Fundamental Data’s proposal to have a position on it, but he’s well aware of the vociferous local opposition. He said he expects the facility likely will end up near Mount Storm.
“I think Grant County really wants this thing, and they’re probably going to get it,” Flanagan said. “It wouldn’t hurt my feelings if it did.”
Randy Smith reconsiders
Republican State Senator Randy Smith, whose district includes Tucker County, was a strong supporter of the microgrid bill, and played a key role in getting it enacted. He initially dismissed concerns about the proposed data center near Davis and Thomas, saying those complaints were primarily from people who own vacation homes.
However, Smith’s stance appears to be shifting.
In response to a constituent who contacted him via social media, Smith said he does not support the location of the proposed project and has conveyed that information to one of its investors. “There’s not much I can do other than encouraging them to move the location. I have told them they will have a huge fight from the people who live and visit Tucker County,” he stated.
Smith did not return calls seeking comment.
John Paul Hott, a Republican who represents Tucker County in the West Virginia House of Delegates and voted for the microgrid bill, did not return a call and an email seeking comment.
More News
Chamber of Commerce Announces Award Winners
The Tucker County Chamber of Commerce has announced its 2025 award winners.
The lineup includes Jodi Jones, Educator of the Year; Olivia Triplett, Student of the Year; Joni Felton, Employee of the Year; Erika Smith, Business Person of the Year; Ed Rader, Community Service Person of the Year; Paula Stahl, Cultural Heritage and Arts Person of the Year; April Miller and the Family Resource Network, Nonprofit of the Year; Trevan Bonner, Athlete of the Year; and the boys and girls basketball teams.
Events
May 23-25, ArtSpring Festival, with exhibits, art walks, a pint tour, live music, an arts market, and more.
June 12-15, Canaan Mountain Bike Festival, with group rides, skill training sessions, a fundraiser party, and the always thrilling “Run What Ya Brung” trials event. Registration required for some events.
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