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WV Code § 24-2-21 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2. Powers and Duties of Public Service Commission|§24-2-21. Required Notice for Power Plant Closure or Sale

(a) The Legislature hereby finds that: (1) Coal-fired power plants owned by public electric utilities in West Virginia provide electric utility customers in the state with reliable and affordable energy; (2) West Virginias access to coal reserves has provided the citizens of the state with access to an energy resource that is affordable and accessible to coal-fired power plants in West Virginia; and(3) Matters generally related to homeland security and national defense are of paramount importance to West Virginia and its residents and coal-fired power plants provide optimal protection and resiliency toward state security and uninterrupted power supplies for household, industrial, and military applications.(b) It is the purpose of the Legislature to: (1) Require the West Virginia Public Service Commission to consider all economics associated with its actions regarding the in-state plants operated by a public electric utility, including impacts on local communities and surrounding counties, and all impacts on employment; and(2) Require public electric utilities to provide adequate notice before plant closure or permanently idling.(c) Before any public electric utility announces the retirement of an electricity-generating unit, the proposed shutdown of an electricity-generating unit, or the proposed sale of and electricity-generating plant to another operator, the public electric utility shall give notice to the West Virginia Office of Homeland Security and Emergency Management, Public Service Commission of West Virginia, and the Legislatures Joint Committee on Government and Finance. (d) Nothing in this section shall restrict or impede the commissions ability to act on future rate cases or other matters coming before the commission that ultimately affect electrical rates.
WV Code § 24-2A-2 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2A. Reduced Rates for Low-Income Residential Customers of Electricity and Gas|§24-2A-2. Recovery of Revenue Deficiencies

In order to provide the special reduced rates mandated or authorized by sections one and five of this article and still maintain the integrity of the earnings of the utilities offering service under these rates, the commission shall each year, determine, upon application by any affected utility, that utility's revenue deficiency resulting from the special reduced rates. Upon determining any utility's revenue deficiency, the commission shall issue an order certifying the amount of that deficiency. Certified revenue deficiencies shall be recovered by the affected utilities as follows:(1) A utility's certified revenue deficiency, if any, resulting from the special reduced rates shall be allowed as a tax credit against the liability of the utility pursuant to the provisions of article thirteen-f of chapter eleven of this code.(2) After allowance of a tax credit pursuant to the provisions of article thirteen-f of chapter eleven, a utility's remaining revenue deficiency, if any, resulting from the special reduced rates, shall be allowed as a tax credit against the liability of the utility pursuant to the provisions of section eleven, article twenty-four of chapter eleven.
WV Code § 24-2A-3 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2A. Reduced Rates for Low-Income Residential Customers of Electricity and Gas|§24-2A-3. Limitation on and Exemption From Local Business and Occupation or Privilege Taxes and Local Public Utility Excise Taxes

(a) Any municipality which presently or hereafter imposes a business and occupation or privilege tax under section five, article thirteen of chapter eight or a public utilities excise tax under section five-a, article thirteen of chapter eight shall be restricted, in the case of utility services rendered to a customer under the special reduced rates, to levying such taxes on (1) in the case of a local business and occupation or privilege tax, the gross revenues derived under the special reduced rates for any period during which that customer receives service under the special reduced rates, and (2) in the case of a local public utilities excise tax, to the gross amount of that customer's utility bill as calculated under the special reduced rates.(b) No recovery of revenue deficiencies provided in section three of this article shall be subject to tax under sections five or five-a, article thirteen of chapter eight.
WV Code § 24-2A-4 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2A. Reduced Rates for Low-Income Residential Customers of Electricity and Gas|§24-2A-4. Definitions

As used in this article, the term:(a) "Billing cycle" shall mean a period of time during the course of which a utility either bills for or measures, by meter- reading or any other means, the usage of its utility services by all of its customers a single time. A utility may elect whether it wishes to determine its billing cycles by date of measurement or by date of billing. A utility which employs twelve billing cycles per year shall be deemed to employ monthly billing cycles. A utility which employs more or fewer than twelve billing cycles per year shall be deemed to employ nonmonthly billing cycles. For a utility employing monthly billing cycles, a billing cycle identified by the name of a particular calendar month must include at least twelve days of that calendar month.(b) "Billing month" shall have two meanings:(1) As applied to a utility employing nonmonthly billing cycles and to its customers, a particular "billing month" shall mean the calendar month to which that billing month correlates under section one of this article.(2) As applied to a utility employing monthly billing cycles and to its customers, a particular "billing month" shall mean the period of customer usage reflected on any bill which, in the case of a utility with billing-date billing cycles, is issued during that particular monthly billing cycle, or for which, in the case of a utility with measurement- date billing cycles, the measurement of usage is made during that particular monthly billing cycle.
WV Code § 24-2B-1 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2B. Temporary Suspension of Rate Increases|§24-2B-1. Temporary Suspension of Rate Increases

Pursuant to the findings contained in subsections (h) and (i) of section one, article one of this chapter and in order to permit the Public Service Commission to implement the provisions of Enrolled Committee Substitute for S.B. 117 enacted by the Legislature during the regular session thereof in the year one thousand nine hundred eighty-three and notwithstanding any other provision of this chapter, upon the effective date of this article, the commission shall authorize no increase of rates charged by any utility for natural gas to any customer of any class for a period of twelve months. With respect to cases for rate increases which are pending before the commission on the effective date of this section, such cases may be suspended by the commission and held in abeyance by the commission during the pendency of the period of suspension mandated by this section or any such cases may proceed to completion and the commission may rule thereon upon the same to the same extent as if this section had not been enacted, all within the sound discretion of the commission.The commission may authorize such gas rate increases during the period of suspension of rate increases mandated by this section as it may deem proper by reason of increased costs of purchased gas. The commission may consider in determining whether to authorize such rate increases the purchase and use of West Virginia gas by such utilities if such gas were available at a cheaper rate than other gas actually purchased by such utilities.
WV Code § 24-2B-2 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2B. Temporary Suspension of Rate Increases|§24-2B-2. Emergency Rate Increase; Financial Hardship Procedure

During the period of temporary suspension of rates generally, as provided herein, the commission may upon petition by a utility allow an emergency rate to take effect, subject to future modification by the commission and subject to refund to the customers of such utility, if it is determined that such emergency rate is necessary to protect the utility from extreme financial hardship and if that financial hardship is attributable solely to the temporary suspension of rate increases. The commission shall provide by rule and regulation criteria for determination of extreme financial hardship within the meaning of this section. Such petition shall be subject to the same notice requirements as set forth in article two, section four-a of this chapter.
WV Code § 24-2C-1 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2C. Reduced Rates for Certain Low-Income Residential Customers of Telephone Service|§24-2C-1. Legislative Findings; Utilities Subject to Public Service Commission to File New Rates

(a) The Legislature finds that universal telephone service contributes to the state's economic, social and political integration and development. The preservation of universal telephone service is therefore of utmost importance to the state and its citizens.(b) Recent changes in the telecommunications industry, however, both in its structure and in the national policy which governs it, have begun to exert a general, upward pressure on the rates for basic telephone service. Although neither the extent to which basic telephone rates may rise in the future, nor the effect of any such future increases on the general affordability of telephone service can be ascertained at this time, the Legislature finds that anticipatory action should nonetheless be taken to preserve the universal telephone service which has been substantially achieved in this state.(c) All eligible telecommunications carriers providing local exchange dial access line service subject to the jurisdiction of the Public Service Commission shall file with the commission tariffs providing for the offering of a new class of basic residential service, at a special reduced rate, to certain low-income households. Such tariffs shall be filed after the adoption of the rules mandated by subsections (b) and (c), section four of this article.
WV Code § 24-2C-2 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2C. Reduced Rates for Certain Low-Income Residential Customers of Telephone Service|§24-2C-2. Tel-Assistance; Definitions

For purposes of this article, the following terms apply:(a) "Eligible telecommunications carrier" means a common carrier that offers telephone services that are supported by federal universal service support mechanism, advertises the availability of such services and the charges for the services using media of general distribution, and that otherwise is qualified as an eligible telecommunications carrier pursuant to the provisions of 47 U.S.C. Section 214.(b) "Qualifying low-income consumer" means a consumer who is a recipient of Medicaid, food stamps, supplemental security income, federal public housing assistance, low-income home energy assistance program benefits, temporary assistance to needy families benefits or other income-related state or federal programs.(c) "Tel-assistance service" means a wholly measured or message individual, residential local exchange dial access line offered through the provisions of this article and that provides for an allowance for usage not to exceed $2 in value.(d) "Usage" means the local exchange service and the long distance service provided by the eligible telecommunications carrier furnishing the tel-assistance service.
WV Code § 24-2C-3 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2C. Reduced Rates for Certain Low-Income Residential Customers of Telephone Service|§24-2C-3. Monthly Rate Set by Public Service Commission; Prohibited and Permissible Charges

(a) The monthly rate for tel-assistance service shall be set initially by the commission at the lower of: (1) The lowest priced service available to the consumer at the time of his or her application; or (2) $7.50. All usage exceeding $2 in value shall be charged for at the otherwise applicable tariff rate. No other local voice telephone service may be provided to the dwelling place of a tel-assistance consumer, nor may individual line foreign zone or foreign exchange service be provided to a tel-assistance consumer. An eligible telecommunications carrier may not impose an order processing charge or line charge when an existing consumer who is eligible for tel-assistance service changes to such service, nor may any charge be made when a tel-assistance service consumer loses his or her eligibility and changes to another class of residential service: Provided, That charges for the initial installation of service for a new consumer, or charges for moving a consumer's service from one dwelling place to another shall be made at the otherwise applicable tariff rate. (b) The commission may, upon having set the rate initially for tel-assistance service as herein provided, change such rate from time to time upon a finding that is reasonable to do so, and may, in connection therewith increase or decrease the amount of local service usage provided as a part thereof.
WV Code § 24-2C-5 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2C. Reduced Rates for Certain Low-Income Residential Customers of Telephone Service|§24-2C-5. Recovery of Revenue Deficiencies

(a) In order to provide the special reduced rate mandated by section one of this article and still maintain the integrity of the earnings of the eligible telecommunications carriers offering tel-assistance service, the commission shall determine, upon application by any affected eligible telecommunications carrier, that eligible telecommunications carrier's revenue deficiency for the eligible telecommunications carrier's taxable year resulting from the special reduced rates. Upon determining any eligible telecommunications carrier's revenue deficiency, the commission shall issue an order certifying the amount of that deficiency. Certified revenue deficiencies shall thereafter be recovered by the affected eligible telecommunications carrier as follows:(1) An eligible telecommunications carrier's certified revenue deficiency, if any, resulting from the provision of tel-assistance service shall be allowed as a tax credit against the liability of the eligible telecommunications carrier pursuant to the provisions of article thirteen-g, chapter eleven of this code.(2) After allowance of such a tax credit pursuant to the provisions of article thirteen-g, chapter eleven of this code, an eligible telecommunications carrier's remaining certified revenue deficiency, if any, resulting from the provision of tel-assistance service shall be allowed as a tax credit against the liability of the eligible telecommunications carrier pursuant to the provisions of section eleven-a, article twenty-four, chapter eleven of this code.(b) An eligible telecommunications carrier's revenue deficiency under the provisions of section five of this article shall be limited to the amounts generated from providing tel-assistance service to qualified low-income consumers who are either disabled or age sixty or older. The agreements or tariffs required by this article shall specify the methodology by which the eligible telecommunications carrier will calculate the revenue deficiency, and may include a provision to freeze the revenue deficiency at certain levels as determined by the Public Service Commission. No such agreement or tariff by an eligible telecommunications carrier may be effective unless first approved by the Public Service Commission.(c) In determining such revenue deficiency in the case of resale of tel-assistance service, the commission shall allocate the revenue deficiency between the eligible telecommunications carrier that physically provided the tel-assistance line, and the eligible telecommunications carrier that provided the tel-assistance service at retail to an eligible consumer. Such allocation shall be based on the wholesale resale discount applicable to such tel-assistance service.
WV Code § 24-2D-1 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2D. Alternative Fuel Initiatives|§24-2D-1. Legislative Findings

The Legislature finds that there is growing concern about the environment and our state's and nation's dependence on foreign oil.The Legislature further finds that this state has an abundant supply of alternative fuels and an extensive supply network, and that by encouraging the use of alternative fuels in new demonstration technologies such as alternative fuel vehicles, the state will be reducing dependence on foreign oil and promoting improved air quality. Accordingly, the Legislature finds that it is in the public interest to have the Public Service Commission develop and implement programs designed to encourage the use of West Virginia alternative fuels as vehicle fuels and in other new demonstration technologies.
WV Code § 24-2D-2 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2D. Alternative Fuel Initiatives|§24-2D-2. Incentives for Use of Alternative Fuels in New Technologies

(a) For purposes of this section, "alternative fuel vehicles" shall mean motor vehicles whose primary source of fuel is natural gas, methanol, and/or electricity.(b) Upon a finding that it is in the public interest of this state to authorize the same, as provided in section one, article one of this chapter, the Public Service Commission shall authorize ratemaking allowances for public utilities to encourage the use of alternative fuel in new demonstration technologies, including alternative fuel vehicles, which provide incentives to encourage investments in such technologies.
WV Code § 24-2D-3 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2D. Alternative Fuel Initiatives|§24-2D-3. Limitation on Commission Jurisdiction Over Sales by Nonutilities of Alternative Fuel for Certain Purposes

Notwithstanding any provision of this chapter to the contrary, the Public Service Commission shall have no jurisdiction over the ultimate sale by nonutilities of alternative fuel to be utilized solely as fuel for motor vehicles.
WV Code § 24-2E-2 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2E. Requirements for Phone Service Sales|§24-2E-2. Telephone Services Agreements

(a) Limitation on termination fees. -- On and after the effective date of this section, no telephone public utility may, in connection with its continued provision of landline telephone service pursuant to an automatic renewal provision contained in a customer service agreement with a business customer, impose a termination fee that is greater than the charges for one month's service, which fee shall be computed by averaging the service charges invoiced to the terminating customer during the preceding four months.(b) Service agreements already automatically renewed. –- If, as of the effective date of this section, a telephone public utility is providing landline telephone service to a customer pursuant to an automatic renewal provision contained in a customer service agreement with a business customer, the telephone public utility may not impose a termination fee that is greater than the charges for two months' service, which fee shall be computed by averaging the service charges invoiced to the terminating customer during the preceding four months.(c) Limitation on applicability. --(1) Nothing herein shall be construed as preventing a telephone public utility and its business customers from entering into customer service agreements, governing, among other matters, any termination fee that may be imposed on the customer for terminating the service agreement during its initial term.(2) The provisions of this section do not apply to service agreements between one telephone public utility and another telephone public utility.
WV Code § 24-2E-3 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2E. Requirements for Phone Service Sales|§24-2E-3. Telephone Conduit; Prohibition; Rulemaking

(a) A telephone public utility may not prohibit, either by contract or service tariff, a customer who has provided conduit or other underground construction provided at the customers expense from using the conduit or other underground construction for purposes other than services provided by the telephone company. A customer who provides the conduit or other underground construction is the owner of that apparatus: Provided, That the customer and all occupants of the conduit or other underground apparatus shall comply with the national electrical safety code and all other reasonable standards and practices to be established by the Public Service Commission.(b) The Public Service Commission shall promulgate rules pursuant to article three, chapter twenty-nine-a of this code necessary to effectuate the purpose of this section.
WV Code § 24-2G-1 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2G. Public Water Utilities Monitoring Requirements|§24-2G-1. Public Water Utilities Required to Install Monitor for Contaminants

All public water utilities that provide water to more than one hundred thousand customers, including public service districts providing water service and municipally owned and operated utilities, subject to the requirements and limitations of this article, shall implement a regular monitoring system as specified to the same technical capabilities for detection as utilized by the Ohio River Valley Water Sanitation Commission.
WV Code § 24-2G-2 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2G. Public Water Utilities Monitoring Requirements|§24-2G-2. Requirements

(a) Each public water utility, public service district or municipal water system, as set forth in section one of this article, shall provide testing for contamination of its water supply by the following contaminants:(1) Salts or ions;(2) Metals, including heavy metals;(3) Polar organic compounds;(4) Nonpolar organic compounds;(5) Volatile compounds, oils and other hydrocarbons;(6) Pesticides; and(7) Biotoxins.(b) Each public water utility is empowered to determine at its discretion which of the contaminants listed in subsection (a) of this section are most likely to contaminate its water supply, and shall provide a monitoring system which shall detect the three of the listed contaminants deemed most likely to affect that water system: Provided, That each public water utility shall file its list with the commission: Provided, however, That any public water system serving over one hundred thousand customers from any one treatment plant is requested to test for all listed contaminants at each treatment plant: Provided further, That if technology to adequately detect contaminants as required by this section proves to be not feasible to implement, the public water utility shall report by January 1, 2015, such to the Joint Committee on Government and Finance with the reasons why such technology is not feasible to obtain or use, and suggest alternatives.
WV Code § 24-2H-1 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 2H. Power of Commission to Order Measures Up to and Including the Acquisition of Distressed and Failing Water and Wastewater Utilities|§24-2H-1. Short Title

This article shall be known and cited as the Distressed and Failing Utilities Improvement Act.