| Opening Note
The Well is where conversations happen at the Capitol — where legislators, lobbyists, and staff compare notes, test the mood, and figure out what matters. This briefing is built the same way: a fast, disciplined read on what is moving in West Virginia government before the day begins.
FROM THE WELL | MORNING BRIEF
West Virginia’s early-morning briefing for people who need to know what matters in government before the day begins.
Tuesday, September 1, 2026
Rotunda Roundup
West Virginia’s governing picture is increasingly being shaped by the sheer scale of the state’s data-center push. The Morrisey administration formalized more than $81 billion in new data-center investment Thursday, while Appalachian Power simultaneously warned that prospective large-load customers could absorb all of its planned generation expansion. That economic story is now becoming a utility, transmission and ratepayer story — just as Jim Justice is openly weighing a return to the Governor’s Office and a new federal lawsuit tests one of the Legislature’s major 2026 regulatory laws.
What Matters Today
Morrisey formalizes more than $81 billion in data-center investment, including two projects requiring more than 4 gigawatts of power.
Gov. Patrick Morrisey announced High Impact Data Center certification for NScale and Starwood Digital Ventures. NScale’s first phase is projected at $69.2 billion, with roughly 2 gigawatts of demand, 4,375 construction jobs and 645 permanent jobs; Starwood plans a $12 billion Mason County project requiring about 2.16 gigawatts and supporting roughly 1,500 jobs. The administration says both developers will bear project-related infrastructure costs rather than passing those costs to West Virginia ratepayers.
The certifications are the material new development: they move the projects beyond previously announced data-center investment plans and put specific capital, power-demand and employment projections behind the state’s High Impact Data Center framework.
Why it Matters: More than 4 gigawatts of prospective demand from these two projects alone will put generation, transmission, utility tariffs, environmental permitting and local infrastructure at the center of West Virginia’s economic-development strategy.
What to Watch: Utility service agreements, large-load tariff filings, project sites and permitting, transmission requirements and the timing behind the enormous capital projections.
Source: Office of Gov. Patrick Morrisey
Appalachian Power says four prospective large-load customers could consume all of its announced generation expansion.
Appalachian Power President and CEO Brian Abraham told the West Virginia Chamber of Commerce Business Summit that four large-load customers are “very close” to agreements with the utility and that their combined demand could absorb all of the output from generation expansion projects now being pursued. He said another group of prospective customers is waiting behind them and contrasted their gigawatt-scale demand with Nucor’s roughly 450-megawatt peak load.
Abraham also said Appalachian Power is developing a new large-load tariff intended to place the generation and transmission costs associated with those customers on the large users rather than existing customers. That remains the company’s position and will face a regulatory test when tariff terms are formally presented.
Why it Matters: West Virginia’s data-center strategy is rapidly becoming a power-supply strategy, and the structure of large-load rates will determine whether existing customers are insulated from — or exposed to — billions of dollars in new infrastructure needs.
What to Watch: The actual large-load tariff filing, Public Service Commission scrutiny and whether the four prospective customers convert into binding service agreements.
Source: WV MetroNews
Justice moves 2028 governor speculation into the open, saying he is “100 percent” considering another run.
U.S. Sen. Jim Justice said Thursday he is “100 percent” considering a run for governor in 2028 and suggested West Virginia may have “lost our spark” since he left office. Justice, whose Senate term runs through 2030, said he intends to make a decision rather than allow the speculation to linger.
The statement is a material escalation from earlier speculation because Justice himself is now publicly entertaining a return to the office he held for two terms. If Gov. Patrick Morrisey seeks reelection, a Justice candidacy could create an unusually early and consequential contest for political, donor and business-community support.
Why it Matters: Justice remains one of West Virginia’s most recognizable political figures, and an active 2028 consideration can begin influencing alliances and political positioning long before candidate filing.
What to Watch: Whether Justice moves beyond public consideration into fundraising, polling or organization — and how Morrisey and Republican political stakeholders respond.
Source: WV MetroNews
West Virginia’s Vape Safety Act faces a new federal constitutional challenge.
Two vape-shop operators representing nearly 30 retail locations and manufacturer Blue Ridge Extractions have sued in U.S. District Court in Charleston challenging provisions of the state’s 2026 Vape Safety Act. The plaintiffs allege violations of the First, Fifth and 14th amendments and challenge provisions involving citizenship requirements for licensing, business-location restrictions and rules governing labeling, marketing, advertising and product displays.
The plaintiffs are seeking temporary, preliminary and permanent injunctive relief against enforcement of the law, which places significant licensing and enforcement authority with the West Virginia Alcohol Beverage Control Administration.
Why it Matters: An injunction could disrupt implementation of a major new state regulatory regime affecting retailers, manufacturers and the enforcement authority of the ABCA.
What to Watch: Whether the court schedules expedited proceedings or grants temporary or preliminary relief, and whether the state alters enforcement while the challenge proceeds.
Source: WV MetroNews
The PSC granted interim relief in 20 separate Kanawha Falls PSD customer complaints in a single day.
The Public Service Commission’s Sept. 3 docket shows 20 separate procedural orders granting interim relief in complaints involving Kanawha Falls Public Service District. One of those complaints also names West Virginia American Water.
The concentrated action comes against a utility that has faced a lengthy regulatory dispute over service, management and a proposed transfer of assets to West Virginia American Water. The PSC opened a broader investigation earlier this year, and Kanawha Falls subsequently moved toward participating in the proposed sale.
Why it Matters: Twenty interim-relief orders in one day underscore the continuing customer-service and regulatory pressure surrounding the Fayette County system while larger questions about its long-term operation remain unresolved.
What to Watch: Substantive rulings in the customer cases and further PSC, court or acquisition action that could determine who ultimately operates the system.
Source: West Virginia Public Service Commission
Martinsburg is racing to document enough flood damage to make a case for federal disaster assistance.
Martinsburg officials said Thursday that 127 damage surveys had been completed following the Aug. 27 flash flooding that dropped more than 5 inches of rain in part of the city in less than an hour. City Manager Andy Blake said officials are working to document approximately $650,000 in damage to support the next stage of the assistance process, with damage reported at public buildings and schools as well as homes and businesses.
The city is waiving permit fees for roughly 30 days during recovery and is pressing residents and larger institutions to document losses so state officials can determine whether an on-the-ground assessment is warranted.
Why it Matters: The completeness of the damage assessment could determine whether residents, businesses and public entities gain access to additional federal recovery resources.
What to Watch: Whether the damage documentation clears the required threshold and triggers state and federal assessment teams or a broader disaster-assistance request.
Source: WV MetroNews
What to Watch
- MARL remains at a procedural crossroads. NextEra used the Business Summit Thursday to make the economic case for the Mid-Atlantic Resiliency Link, but the more important action is at the PSC, where developers have requested a 77-day delay after staff raised due-process concerns over route changes. The existing schedule had direct testimony due Sept. 8.
- The Supreme Court must reset postponed oral arguments. Justice Bill Wooton returned to work Thursday after treatment for dehydration, but the cases canceled during Wednesday’s medical incident still must be rescheduled and posted to the court docket.
- Interim agendas will begin defining the Legislature’s September work. Lawmakers return to Charleston Sept. 13-15, creating the next formal venue for emerging issues involving energy, data centers, health and human services, education, public safety and agency oversight.
Dates Ahead
- Sept. 8 — MARL: The existing procedural schedule in PSC Case No. 26-0075-E-CN calls for staff and intervenor direct testimony. NextEra and other parties have asked the commission to delay the case, so PSC action could alter that deadline.
- Sept. 9 — Oil and gas pooling hearings: The West Virginia Oil and Gas Conservation Commission has an Antero Resources pooling hearing scheduled for 10 a.m. and an EQT Production Co. pooling hearing scheduled for 11:30 a.m. involving requests to establish drilling units and pool unleased interests.
- Sept. 9 — Mountaineer Gas: The PSC has extended the deadline for the statement of issues remaining in Case No. 26-0079-G-42T to Sept. 9.
- Sept. 11 — Substance-use policy: Public online feedback closes for development of West Virginia’s 2027 Substance Use Response Plan, following the final virtual town hall held Thursday.
- Sept. 13-15 — Legislative interims: The West Virginia Legislature returns for its next round of interim committee meetings.
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