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WV Code § 24-2H-2 (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-2. Legislative Findings

(a) The provision of safe drinking water and the collection and treatment of wastewater has resulted in a drastic reduction in the incidence of disease, increase in life expectancy, and other major public health advancements.(b) Development of water and wastewater infrastructure has advanced economic development through increased production and productivity within West Virginias economic sectors and commercial expansion geographically throughout the state.(c) A number of water and wastewater utilities face substantial capital investment needs to maintain and replace aging infrastructure with limited financial resources.(d) For some water and wastewater utilities, adequately addressing infrastructure needs may adversely affect their ability to maintain reasonable rates and ability to borrow funds to address such needs.(e) Many water and wastewater utilities have experienced a loss of customers resulting from decline in populations served which has created an additional rate burden on the remaining population.(f) Failure to timely address infrastructure needs has resulted in the inability of water and wastewater utilities to adequately serve customers and maintain regulatory compliance, thereby threatening human health and hindering economic growth.(g) West Virginia needs a comprehensive plan to confront the financial, organizational, and regulatory challenges faced by water and wastewater utilities in the state to ensure that all citizens of West Virginia have access to safe drinking water and adequate and safe wastewater treatment.
WV Code § 24-2H-3 (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-3. Definitions

(a) A "distressed utility" is a water or wastewater utility that, for financial, operational, or managerial reasons:(1) (A) Is in continual violation of statutory or regulatory standards of the Bureau for Public Health, the Department of Environmental Protection, or the commission, which affect the water quality, safety, adequacy, efficiency, or reasonableness of the service provided by the water or wastewater utility; (B) Fails to comply within a reasonable period of time with any final, nonappealable order of the Department of Environmental Protection, Bureau for Public Health, or the commission concerning the safety, adequacy, efficiency, or reasonableness of service, including, but not limited to, the availability of water, the potability of water, the palatability of water, or the provision of water at adequate volume and pressure, and the collection and treatment of wastewater; (2) Is no longer able to provide adequate, efficient, safe, and reasonable utility services; or(3) Fails to timely pay some or all of its financial obligations, including, but not limited to, its federal and state tax obligations and its bond payments to the West Virginia Water Development Authority, the United States Department of Agriculture, or other bondholders; fails to maintain its debt service reserve; or fails to submit an audit as required by its bond or loan documents or state law.(b) "Failing water or wastewater utility" means a public utility that:Meets the definition of a distressed water or wastewater utility, and either:(A) Has not, after a reasonable time period, been stabilized and improved by corrective measures put in place under 24-2H-7 of this code; or(B) Has had the requirements of 24-2H-7 of this code suspended for good cause shown by an order of the commission.(c) "Capable proximate water or wastewater utility" means a public utility which regularly provides adequate, safe, and reasonable service of the same type as the distressed utility and is situated close enough to the facilities of a distressed utility that operational management is reasonable, financially viable, and nonadverse to the interests of the current customers of the nondistressed utility.
WV Code § 24-2H-4 (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-4. Preparation of List of Potentially Unstable Water and Wastewater Utilities

Annually, the commission shall prepare a list of water and wastewater utilities that appear to be financially unstable by reviewing annual reports, rate case filings and other financial data available to it. Commission staff shall contact each utility placed on the list and provide advice and assistance in resolving any financial instability or managerial or operational issues that are contributing to the utilitys financial instability.
WV Code § 24-2H-5 (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-5. Determination of Whether a Utility Qualifies as a Distressed Utility , Failing Utility , or a Capable Proximate Utility

(a) In determining whether a utility is distressed or failing, the commission shall consider the following factors:(1) The financial, managerial, and technical ability of the utility;(2) The level of expenditures necessary to make improvements to the water or wastewater utility to assure compliance with applicable statutory and regulatory standards concerning the adequacy, efficiency, safety, or reasonableness of utility service and the impact of those expenditures on customer rates;(3) The opinion and advice, if any, of the Department of Environmental Protection and the Bureau for Public Health as to steps that may be necessary to assure compliance with applicable statutory or regulatory standards concerning the adequacy, efficiency, safety, or reasonableness of utility service; (4) The status of the utilitys bond payments and other financial obligations; (5) The status and result of any corrective measures previously put into place under 24-2H-7 of this code; and (6) Any other relevant matter.(b) In determining whether a utility is a capable proximate utility, the commission shall consider the following factors:(1) The financial, managerial, and technical ability of all proximate public utilities providing the same type of service;(2) Expansion of the franchise or operating area of the acquiring utility to include the service area of the distressed utility; (3) The financial, managerial, operational, and rate demands that may result from the current proceeding and the cumulative impact of other demands where the utility has been identified as a capable proximate utility; and(4) Any other relevant matter.
WV Code § 24-2H-6 (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-6. Notice to Distressed or Failing Utility and Formal Proceeding

(a) A proceeding under this article may be initiated by the commission on its own motion, or by the staff of the commission, or any other person or entity having a legal interest in the financial, managerial or operational condition of the utility, by filing a petition with the commission. In any such petition, the utility shall be named as the respondent. The commission shall include as additional parties any capable proximate public and private utilities that may be able to acquire the utility. (b) The commission shall hold an evidentiary and public hearing(s) in the utilitys service area. The commission shall give notice of the time, place and subject matter of the hearing as follows:(1) A Class I legal publication in a qualified newspaper pursuant to 59-3-2(a) of this code in the county or counties where the utility is located to take place no more than 10 days before the date of the hearing;(2) Issuance of a press release;(3) Written notice by certified mail or registered mail to:(A) The utility;(B) The Consumer Advocate Division; (C) Capable proximate public or private utility(s) that were made parties to the proceeding; and(D) The county commission if the utility is a public service district; or(E) The municipality if the utility is owned and operated by the municipality.(4) The utility shall give notice to its customers of the time, place and subject matter of the hearing either as a bill insert or printed on its monthly bill statement as ordered by the commission.(c) The public hearing shall be conducted to receive public comments, including, but not limited to, comments regarding possible options available to bring the distressed or failing utility into compliance with appropriate statutory and regulatory standards concerning actual or imminent public health problems or unreasonable quality and reliability service standards. At the evidentiary hearing, the commission shall receive evidence to determine if the utility is a distressed or failing utility and whether a capable proximate utility should acquire the utility. If there is more than one capable proximate utility, then sufficient evidence should be presented to allow the commission to determine the appropriate capable proximate utility to acquire the distressed or failing utility.
WV Code § 24-2H-7 (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-7. Commission Order for Acquisition of Failing Utility; List of Distressed and Failing Utilities to Legislature

(a) Following the evidentiary hearing, the commission shall enter a final order stating whether the utility is a distressed or failing utility and identifying the capable proximate utilities, if any, as defined in 24-2H-3 of this code. If the commission determines that a utility is a distressed utility, then the commission may make an order consistent with subsection (b) of this section. If the commission determines that the utility is a failing utility, then the commission may order the acquisition of the failing utility by the most suitable capable proximate water or wastewater utility, if there is more than one. (b) Before the commission may designate a water or wastewater utility as failing and order acquisition by a capable proximate utility it shall determine whether there are any alternatives to an ordered acquisition. If the commission determines that an alternative to designating a utility as failing and ordering an acquisition is reasonable and cost effective, it may order the distressed utility and, if applicable to the alternative a capable proximate utility, to implement the alternative. Commission staff shall work with the utility to implement the alternative, as necessary. Alternatives that the commission may consider include, but are not limited to, the following:(1) Reorganization of the utility under new management or a new board, subject to the approval of the applicable county commission(s) or municipal government;(2) Operation of the distressed utility by another public utility or management or service company under a mutually agreed arms-length contract;(3) Appointment of a receiver to assure the provision of adequate, efficient, safe and reasonable service and facilities to the public pursuant to 24-2-7(b) of this code;(4) Merger of the water or wastewater utility with one or more other public utilities, subject to the approval of the applicable county commission(s) or municipal government; (5) The acquisition of the distressed utility through a mutual agreement made at arms-length; and(6) Any viable alternative other than an ordered acquisition by a capable proximate utility.(c) The commission shall provide a list of utilities designated by a final order of the commission as a distressed or failing utility to the Legislature as part of its annual Management Summary Report beginning in the 2021 reporting period and annually thereafter. The commission shall provide the same list to the Water Development Authority and the Infrastructure and Jobs Development Council on or before January 31 of each year beginning in 2021.
WV Code § 24-2H-9 (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-9. Recovery of Costs for Acquisition, Operation, Repairs and Improvements to Distressed or Failing Utility Facilities

The commission may approve an appropriate and reasonable cost recovery mechanism to allow the capable proximate utility to recover its acquisition costs and projected cost of service of operating, maintaining and improving the facilities of the failing water or wastewater utility or its net costs incurred for operating, maintaining and improving the distressed utility under an operating agreement. The cost recovery mechanism may include a surcharge or surcharges on both acquired and existing customers if approved by the commission in a separate rate or tariff proceeding which shall be considered by the commission on an expedited basis without the need for a full base rate proceeding. Rate increments and surcharges established pursuant to this section shall be subject to adjustment on an annual basis to reflect changes in costs, additional projected capital and operating costs and true-up of any over or under recoveries of costs. Cost recovery mechanisms may also include:(1) A surcharge above existing rates that allows recovery of additional incremental cost increases, net of contributions necessary to operate, maintain and improve the failing utilitys service level to an acceptable level and into compliance with all applicable regulatory standards;(2) An acquisition adjustment to private for-profit utilities as an incentive to acquire a failing utility;(3) An increased return on investment as an incentive to acquire a failing utility; or(4) Any other incentive method proposed by the acquiring utility if the method is determined by the commission to be appropriate, reasonable and in the public interest.
WV Code § 24-3-1 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 3. Duties and Privileges of Public Utilities Subject to Regulations of Commission|§24-3-1. Adequate Facilities; Safety Appliances; Reasonable Rates; Railroad Switch Connections; Discontinuing Service

Every public utility subject to this chapter shall establish and maintain adequate and suitable facilities, safety appliances or other suitable devices, and shall perform such service in respect thereto as shall be reasonable, safe and sufficient for the security and convenience of the public, and the safety and comfort of its employees, and in all respects just and fair, and without any unjust discrimination or preference. All charges, tolls and rates shall be just and reasonable, and no change shall be made in any tariffs, rates, joint rates, tolls, schedules or classifications except as herein provided. Every railroad shall permit switch connections for intrastate business to be made with its tracks at suitable and safe points by other carriers or shippers, upon such terms and conditions as the commission may prescribe, whenever, in the judgment of the commission, the business to be offered by the connecting company of shipper justifies it. Every railroad and other transportation company may be required by the commission to establish and maintain such suitable public service facilities and conveniences as may be reasonable and just, to make reasonable connections with trains on branch lines of such railroads and with all connecting railroad lines; to require any passenger trains to stop at junctions or intersections with other railroads; and may prescribe the number of men required to constitute safe crews for the handling of trains on any railroad in this state or any division of any such railroad. No railroad or other public utility shall discontinue any regular passenger train, or other public service facility, or change any regular passenger train schedule or timetable, without first obtaining authority from the commission so to do, unless the same be done under uniform rules and regulations filed by such railroad or public utility with the Public Service Commission and approved by said commission.
WV Code § 24-3-1a (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 3. Duties and Privileges of Public Utilities Subject to Regulations of Commission|§24-3-1a. Definitions; Telemetry Systems Required

(a) As used in this article:(1) "Head end device" means a device located on the lead locomotive of a railroad train designed to receive information from the rear end device. It may also be used to transmit information to the rear end device;(2) "Mainline" means a railroad track extending through railroad yards and between stations which must not be occupied without authority or protection;(3) "Rear end device" means a device located on the rear car of a railroad train designed to transmit information to the head end device and equipped with a rear marker light, red in color, and at least one hundred, but not more than one thousand, candela. It may also be used to receive information from the head end device;(4) "Telemetry system" means a radio transmitter and receiver system between a front end device and a rear end device which indicates through a display at the head end device the following:(i) Brake pipe pressure at the rear of the train, displayed in increments of one pound per square inch;(ii) Rear car movement;(iii) Whether the rear marker light is operating;(iv) Remaining battery life powering the system;(v) Any interruption in radio transmission as established by a distance measuring device at the rear end device; and(vi) The location of the rear of the train as established by a distance measuring device at the rear end device.(b) It is unlawful to operate a railroad train over one thousand five hundred feet in length on any mainline track within any railroad yard, without an occupied caboose as the rear car of such train unless it is equipped with an operable telemetry system.(c) No train may depart any crew change point or its point of origin unless the train is equipped with telemetry system as required by this article. Any inoperable system shall be repaired or replaced before leaving the point of origin or at crew change point.(d) The rear marker light required by this article shall be flashing during the period from one hour before sunset until one hour after sunrise.(e) Beginning July 1, 1991, all telemetry devices shall be equipped so that an emergency application of the brakes of the train can be initiated at the rear car of the train either by the engineer in the lead or controlling locomotive or by a crew member riding on the rear car.It is unlawful to institute any disciplinary action or other adverse administrative or employment action against any person who reports a violation or acts to enforce the provisions of this article. Such person's remedies under this chapter shall be in addition to any other remedies that might be available to such person.
WV Code § 24-3-1b (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 3. Duties and Privileges of Public Utilities Subject to Regulations of Commission|§24-3-1b. Locomotive Power Units; Helper Units; One Person Crew Prohibited; Engineer Requirement; Restrictions on Selection of Crew; Definitions; Promulgation of Rules

(a) Except for operation in its yards or terminals, and except where a train is being moved as an actual movement into or from another state not having a requirement of at least two persons controlling a locomotive as is required in this state pursuant to this section, no railroad may permit or require any crew-controlled locomotive power unit, including helper units, that is not attached to a train to be operated by a crew of fewer than two persons. At least one crew member shall be a federal railroad administration certified and licensed locomotive engineer within the meaning of applicable federal statutes and regulations. The second crew member shall be selected from either train service or engine service personnel: Provided, That the selection does not violate federal statutes or regulations or local collective bargaining agreements.(b) As used in this section:(1) "Crew-controlled locomotive" means a locomotive power unit, single or in multiple, which is operated by on-board personnel, but does not include units controlled by radio or other remote control by a crew on another locomotive power unit.(2) "Helper unit" means a locomotive power unit placed at some point in a train for the purpose of supplementing the power available from the locomotive power unit controlling a train.(c) It is unlawful to institute any disciplinary action or other adverse administrative action against any person who reports a violation of or acts to enforce the provisions of this section or this article. The person's remedies under this section are in addition to any other remedies that may be otherwise available.(d) The Public Service Commission shall, on or before July 1, 1993, promulgate rules to implement the provisions of this section.
WV Code § 24-3-2 (2021)
2021 West Virginia Code|Chapter 24. Public Service Commission|Article 3. Duties and Privileges of Public Utilities Subject to Regulations of Commission|§24-3-2. Discrimination Prohibited

No public utility subject to the provisions of this chapter shall, directly or indirectly, by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person, firm or corporation, a greater or less compensation, for any service rendered or to be rendered, than it charges, demands, collects, or receives from any other person, firm or corporation for doing a like and contemporaneous service under the same or substantially similar circumstances and conditions.It shall be unlawful for any public utility subject to the provisions of this chapter to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation or locality, or any particular character of traffic or service, in any respect whatsoever, or to subject any particular person, firm, corporation, company or locality, or any particular character of traffic or service, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.Nothing in this section shall be construed to prevent the commission from: (a) Authorizing or requiring any rate design consistent with the purposes and policies set forth in §24-2A-1 et seq. of this code; or (b) Authorizing a private water, sewer, or combined water and sewer utility to voluntarily implement a rate design featuring reduced rates and charges for service to qualifying low-income residential customers.