“We Were the Guys That Basically Wrote the Bill,” Data Center Consultant Says
The Fundamental Data representative also said the company's proposed facility near Davis and Thomas is "in the middle of nowhere"
A representative for Fundamental Data, the Virginia-based company seeking to build a power plant and data center complex in Tucker County, said the company wrote the legislation that deregulated the data center industry in West Virginia.
“We were the guys that basically wrote the bill and got it through the legislature in 2024 and early ’25. That gave us the opportunity to generate and set out the rules for what’s called a microgrid,” said Ted McGavran, an engineer working for Fundamental Data.
McGavran said Fundamental Data’s proposed facility in Tucker County, which would be about a mile from the towns of Davis and Thomas, is “in the middle of nowhere. It’s in Tucker-Grant Counties, West Virginia.” He added that the combined population of the two counties is less than 12,000 people.
According to U.S. census data, the two counties have about 17,500 people combined.
A spokesman for West Virginia Governor Patrick Morrisey offered a different take on how the deregulatory bill, HB 2014, became law.
“HB 2014 was the Governor's bill, and its drafting was deliberately limited to the governor's office to ensure the legislation reflected Governor Morrisey’s vision and priorities,” said Lars Dalseide, a spokesman for the governor. “While we can't speak to Fundamental's interactions with legislators once the bill was introduced, HB 2014 was shepherded through the legislative process by the governor and his staff.”
Roger Hanshaw, the Speaker of the West Virginia House of Delegates, also distanced himself from the comments made by the Fundamental Data representative. “In the House of Delegates, Fundamental Data did not participate in writing any version of the bill, nor in the process of amending the bill, nor in any early discussions of microgrids,” said Ann Ali, a spokesperson for Hanshaw.
Fundamental Data recently hired Hanshaw to represent the company, an arrangement that is legal in West Virginia, although some government ethics experts say it shouldn’t be.
Speaking for his hometown
McGavran, the Fundamental Data representative, made his comments at a July 6 meeting of the city council in Belmont, North Carolina, where he lives. McGavran, an electrical engineer, is the chairman of Belmont’s Environmental Sustainability Board and was invited to the Belmont City Council to provide information about data centers.
During that presentation, McGavran also addressed:
Noise. He said noise typically isn’t a big problem with modern data centers, except crypto-mining operations. McGavran advised the Belmont City Council to draft a noise ordinance as a precaution in case data centers take an interest in the area. He also said data center developers should pay for whatever new infrastructure they need, especially water and sewer services.
Employment. A large AI data center typically employs 100 to 200 people, mostly engineers and others with expertise in technology, McGavran said. A small data center might need only one or two employees, “just to keep tabs on it, make sure stuff is running. There’s not a lot of employment there,” he said.
Crypto-mining. McGavran referred to crypto-mining as “about as low-rent as you can get” in terms of data center facilities. He said crypto-mining operations “are noisy. They don’t stay around for a long time, and they’re kinda painful to have around.”
Security. A large concentration of data centers in one place makes a tempting target for terrorism, McGavran said.
Tucker United, a grassroots organization opposed to the power plant and data center complex, alerted the media and the public to McGavran’s comments, noting that he urged his hometown city council “to adopt safeguards his company never sought in West Virginia.”
“They don’t care about us or our home,” said Tucker United Executive Director Amy Margolies. “They see Tucker County and the surrounding areas as a place where, with limited government oversight, they can make the rules and do whatever they want to turn a profit.”
Disgusting. Mr McGavran's statements prove, once again, that West Virginia is the nation's sacrifice zone whether it's coal, timber, water, power lines, or data farms. Looks like under Governor Tater Tot's leadership WV is an all you can eat buffet for data farm developers.
The comment FD made about low data center noise is marginal at best. In the case of the Ridgeline project, we are talking about the noise of four or so 150' tall GE Turbines blasting hot exhaust, diesel generators running 1/4 to 1/3 of the time, and the constant din of fuel and construction trucks. In addition to light, air, water, traffic and economic impacts, there most certainly will be noise pollution.