Opposition to Data Center Dominates Legislative Update
Tucker County's two state senators got an earful from constituents at a public event Tuesday
By Mat Cloak, contributing writer
Plans for multiple power plants and acres of data centers near Davis and Thomas dominated the discussion at a town hall event Tuesday with Tucker County’s two state senators, Randy Smith and Jay Taylor.
Tensions briefly ran high between the crowd and Smith, who serves as president of the state Senate, but most of the conversation was civil.
While billed as a general update on state legislation, the crowd of about 50 people at the Parsons Senior Center quickly made clear that the conversation would be dominated by the proposed power plant and data center complex.
A wide range of attendees spoke against the development plans. A 75-year-old, third-generation West Virginian, pleaded, “Please don’t make me sick, my grandchildren sick, my children sick, my air sick, my water sick.” A 25-year-old compared the data center plans to West Virginia’s history with extractive industries: “We are really selling ‘Almost Heaven, West Virginia.’ We’re selling it and we’ll never get it back.”
No one in the audience spoke in favor of the power plant and data center development plans.
‘Do you think I want this problem?’
Smith wavered between defending the data center complex and absorbing the concerns expressed by the crowd. He said he has received numerous calls from Tucker County constituents in support of the development plans. “I get calls from people because they don’t want to be harassed for supporting them,” Smith said.
The crowd scoffed when Smith said many parts of West Virginia want data centers. “A lot of counties are fighting for these data centers,” Smith said.
As he has previously, Smith spoke in favor of amending HB 2014, the state law that deregulated the data center industry. He said he was unable to garner enough support from fellow legislators for a bill that would restore local control over data centers.
At times, Smith seemed confused and exasperated by the controversy. “I don’t decide where a data center goes,” Smith said. “Do you think I want this problem?”
Smith said his main goal as a representative of Tucker County is to bring economic development that suits the region, and he asked for recommendations on other types of industries to pursue in the area.
Taylor supportive
Taylor, who was mostly silent during the discussion, briefly spoke positively about the newer generation of data centers, citing reduced water use and lower noise and light pollution.
Taylor focused his comments on the potential revenue from data center development. He reiterated Governor Patrick Morrisey’s argument that bringing data centers to the state will allow West Virginia to eliminate its state income tax, while also helping local jurisdictions.
“It’s not going to take too many of these data centers and we won’t have an income tax anymore,” Taylor said. “The home county that is going to get one of those is going to really benefit. They are going to have the nicest ambulances, the nicest fire trucks.”
Both senators seemed unaware that Fundamental Data recently announced plans for a far more expansive data center complex than the company initially disclosed. The latest plans call for a 10,000-acre development that includes a second natural gas power plant, a nuclear power plant, and a large solar field.
Special vote?
Tucker County resident Robin McClintock proposed that Smith and Taylor explore action at the state level that might allow the residents of Tucker County to hold a binding vote on whether they want power plants and a data center developments within the county.
“We are asking for the power to be returned to the people, to determine our future long after you leave office,” McClintock said.
However, it was not clear if such an option exists or how it might work. Smith said he would look into the proposal.
‘I wouldn’t do it’
Davis Town Council member Carrie Hawkins asked Smith why the governor has not visited Tucker County to discuss the local controversy. Smith replied, “If you can figure what this governor is thinking, you please tell me.”
Morrisey hasn’t held any public events in Tucker County since he took office.
In response to an audience comment, Smith also questioned the ethics of House Speaker Roger Hanshaw’s decision to sign on as a lawyer representing Fundamental Data, the company seeking to build the data center complex in Tucker County. Hanshaw works for Bowles Rice, a prominent Charleston law firm.
“I can tell you I wouldn’t do it. A lot of things are legal, but not ethical in my opinion,” Smith said.
More News
Fundamental Data Backtracks on Smokestack Height
During a May 18 meeting with a select group of local residents and elected officials, Fundamental Data told participants that the smokestack height for its proposed power plant near Davis and Thomas would not exceed 110 feet.
The day after Country Roads News published a story about that event, a spokesperson for Fundamental Data issued a statement with revised information about smokestack height. The statement says, “While the currently expected height is not inconsistent with the approximately 110-foot figure previously reported, engineering analysis, regulatory review, and final project design are still ongoing, and the company will not publicly commit to final specifications until that process is complete.”
Click here to read the revised story, which includes the full statement from Fundamental Data.
Editor’s Note: Talking About Data Centers
Please join me June 15 at the Davis fire hall where I will moderate a panel discussion about the future of data centers in West Virginia. The doors open at 6 p.m. and the discussion starts at 6:30 p.m.
The event is a collaboration between Mountain State Spotlight, a statewide nonprofit news outlet, and Country Roads News.
Confirmed guests include Chris Morris, director of the state’s Data Economy Office; Nick Preservati, the West Virginia deputy secretary of commerce; and Amy Margolies, Executive Director of Tucker United. We’re still working to add one or two more panelists to the lineup. Fundamental Data has not responded to invitations for a company representative to appear on the panel.
The event is timed to coincide with a West Virginia legislative “interim” session, which will bring state lawmakers to Canaan Valley State Park June 14 through June 16.
I’m honored that Mountain State Spotlight reached out to me with the idea for this event. Mountain State Spotlight is a statewide nonprofit news organization run by esteemed West Virginia journalist and MacArthur Foundation “genius grant” winner Ken Ward.
The June 15 panel will be an opportunity for you to hear from key state officials working to implement Gov. Patrick Morrisey’s push to make West Virginia a top destination for data center development, as well as those who are concerned about the impact of these facilities on their communities.
I hope to see you there.
Dan






Jay Taylor is endorsed by Friends of Coal, so I'm not surprised that maybe one of the most indulgently ignorant quotes come from his lips:
“It’s not going to take too many of these data centers and we won’t have an income tax anymore,” Taylor said. “The home county that is going to get one of those is going to really benefit. They are going to have the nicest ambulances, the nicest fire trucks.”
If Smith is the Senate president, and he thinks HB2014 should be amended to allow local input, why did he let it pass with absolutely no regulation to start with? What industries have no regulation? Especially industries that we have no understanding of to begin with?