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by JENN WOOD
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The fight over the location of a proposed data center in Spartanburg County, South Carolina escalated this week as opponents of the project asked the S.C. Public Service Commission (SCPSC) to remove one of its members from the case.
In a motion filed on Tuesday (June 30, 2026), Concerned Citizens of Spartanburg County and the Southern Alliance for Clean Energy asked the commission to recuse one of its members – H. David Britt – from voting on the project. According to the group’s filing (.pdf), Britt’s public advocacy for the proposed data center and natural gas power plant — as well as disparaging comments about project opponents — make it impossible for him to fairly decide the matter.
The battle comes just over a week after these same groups petitioned the commission to intervene in the rapidly expanding project, arguing Valara Holdings – the owner of the facility – should be required to obtain approval under the Palmetto State’s siting and environmental protection laws prior to continuing construction.
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At the center of the recusal request is a December 2025 email sent by Britt from his official PSC account to Spartanburg County officials. In that message, the commissioner – who assumed his post in May of 2025 – described opponents of data center development as “a small vocal element that hates everything related to growth and opportunities” and dismissed their concerns.
“More than 95% of their negativity is bull and not fact based,” Britt wrote.
He also offered to discuss “Project Spero” — the codename previously used for the Valara project — and its financial impact on Spartanburg County.
According to the motion, these statements demonstrated that Britt – who hails from Spartanburg – has already reached conclusions about both the project and the citizens currently appearing before the commission.
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“The facts establish that commissioner Britt must be recused from this docket,” attorneys for the petitioners wrote.
The SCPSC is expected to determine whether Valara’s proposed facilities — including a 450-megawatt natural gas-fired power plant planned to serve the data center — must undergo the review process required under South Carolina’s utility siting law.
Because commissioners serve in a quasi-judicial capacity when deciding these questions, petitioners argued they are bound by the state’s code of judicial conduct, which requires both impartiality and the avoidance of even the appearance of impropriety.
The motion argued Britt’s previous public advocacy, combined with his recent email criticizing project opponents, undermines public confidence that he can impartially decide the dispute.
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THE UPCOMING FIGHT…
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The Valara project has become one of South Carolina’s most closely watched economic development projects, with supporters touting billions of dollars in private investment, hundreds of jobs and a major boost for Spartanburg County.
Opponents, however, argue the project deserves greater regulatory scrutiny because of its anticipated energy demands, water use, environmental impacts and the proposed natural gas-fired power plant.
Those concerns prompted a June 22, 2026 petition asking the SCPSC to determine whether the project must comply with the state’s utility siting law prior to construction continuing. The recusal motion filed this week does not address the project’s merits but instead argues that any decision should be made by commissioners the petitioners believe can evaluate the dispute impartially.
The SCPSC will now have to determine whether Britt should participate in the case before it addresses the underlying dispute over whether Valara’s project requires additional state approval.
If the motion is granted, Britt would be prohibited from participating in this proceeding — and, according to the motion, any subsequent Siting Act proceeding involving the project. If denied, he would remain eligible to participate in decisions that could shape the future of one of South Carolina’s largest proposed data center developments.
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THE MOTION TO RECUSE
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ABOUT THE AUTHOR …
As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.
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SOUND OFF…
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