Call to Action: PSC sets public meeting date to hear concerns regarding data center construction

By Jennifer Hevey, BBG Folk Reporter

The PSC (Public Service Commission) of West Virginia will hold a public hearing later this month regarding House Bill 2014 – otherwise known as the “Certified Microgrid Program” – a widely debated piece of legislation passed during the 2025 legislative session.  

Many local residents are sounding the alarm over HB 2014, as it cuts through formerly established legislation, rewriting the regulations written to prevent corporate overreach with regard to the establishment of microgrids and data centers in West Virginia.  

Included within HB 2014 are rules pertaining to land approved for development, as well as property tax disbursement and allocation. Local authority over such projects has been significantly altered by the bill, seemingly to the benefit of prospecting corporations. Projects established after the bill’s effective date – July 11, 2025, – are also exempt from ordinances pertaining to land use, noise and light pollution.

The bill amends West Virginia code that formerly empowered individual counties and municipalities to enforce municipal restrictions on data centers, and hold them accountable to the same commercial codes as other county businesses.  According to wvpolicy.org, This new legislation preempts prior held local control, meaning, “…data centers are not subject to any legal jurisdiction of the county or municipality in which they are located.”

With the Trump Administration’s seemingly unwavering support of data center construction, West Virginia’s adoption of the Certified Microgrid Program through the passage of HB 2014 has positioned the Mountain State as an attractive target for data center development.

HB 2014 places West Virginia front-and-center for potential data center growth, as the state is home to some of the most weakened environmental restrictions in the nation.  However, the bill makes clear that environmental concerns are secondary to the importance of “national security goals.”

Under the “findings and purpose” section of HB 2014, “West Virginia is strategically positioned as the best location in the United States to place data centers due to : (A) its close proximity to Washington D.C., and the federal government; (B) its proximity to the majority of the Nation’s population; (C) its low tax rates; (D) it having the least restrictive regulatory environment in the Nation; (E) its supply of abundant energy and natural resources to power the data centers; and (F) its skilled and loyal workforce that has some of the lowest turnover rates in the nation.”

A Call to Action

The PSC is an entity with significant authority regarding the approval of data centers and other power-related infrastructure.  In a call to action, all West Virginians are urged to attend the public hearing on Monday, Sept, 28 at 9:30 a.m.  The meeting will be held at PSC’s Charleston offices, located at 201 Brooks Street.

Comments already submitted have included demands to repeal HB 2014, and concerns regarding impact to local communities.  Water usage from data centers is also a worry reflected in comments, as several million gallons of water are required daily for cooling.  An overwhelming number of comments point to concerns around increased electric bills, asking for revision of the proposed rules to protect ratepayers.

Frank Muth, of Inwood, implored, “Why were local communities offered zero meaningful input before HB2014 removed local control?  Interestingly, the data center proponents are requiring our elected officials to sign non-disclosure agreements.  This is not only a huge conflict of interest, but it reduces local trust to near zero.  Local communities would know the “best” place to locate these data centers (if one exists).  Rather, Charleston has decided to dictate to local communities without regard to local concerns.  Nearly half of the land for the Bedington Data Center is in a flood-prone area.  How will this be mitigated?  The Jefferson/Berkeley Data Center (aka “project Carmel”) is located next to Hospice.  Will the noise generated from this facility impact Hospice patients?  Has anyone bothered to evaluate that impact?”

Rodney Cox, of Walton, comments, “…I respectfully encourage the Commission to adopt a balanced approach that protects ratepayers, preserves access to reliable and cost-effective electricity, and supports responsible investment in West Virginia’s energy future.”

To submit a comment, visit the Public Service Commission of West Virginia website, Public Service Commission of West Virginia, and choose the option “Submit a Comment” in the top right section under “Inside the PSC.”  From there, choose the option “Formal Case,” and enter your contact information.  You will then be prompted to request authorization to submit comment.  Use the Case number, 26-0633-E-GI, to ensure your comment is correctly routed.  

Those who wish to participate in the public comment section during the public hearing must notify the commission by September 18^th, with additional comments, testimony, or written materials for presentation by September 23^rd, according to the Public Service Commission of West Virginia.  To register, call the PSC coordinators at 304-340-0822.  You may also email aweimer@psc.state.wv.us with your name, email and phone number.