There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 24. PUBLIC SERVICE COMMISSION
ARTICLE 1. GENERAL PROVISIONS.
- §24-1-1 Legislative purpose and policy; plan for internal reorganization; promulgation of plan as rule; cooperation with joint committee on government and finance.
- §24-1-1a Supplemental rule for reorganization; certain reports to be made to the Legislature; filing of such rule and reports and the procedure therefor.
- §24-1-1b Supplemental rule for reorganization
- §24-1-2 Definitions.
- §24-1-3 Commission continued; membership; chairman; compensation.
- §24-1-4 Appointment, duties and compensation of secretary and other employees; hearings generally; outside employment by certain employees prohibited.
- §24-1-5 Seal to be adopted; collection and disposition of fees.
- §24-1-6 Office of commission; time and place of hearings; number of commissioners required for taking action.
- §24-1-7 Rules of procedure; commission not bound by rules of evidence or pleadings; inscription on, use of and judicial notice of seal.
- §24-1-8 Legal counsel for the commission.
- §24-1-9 Recommended decision by hearing commissioner, hearing examiner or panel.
- §24-1-10 Continuation of commission.
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
- §24-2-1 Jurisdiction of commission; waiver of jurisdiction.
- §24-2-1a Authority of commission to enter and inspect railroad property.
- §24-2-1b Additional jurisdiction of commission.
- §24-2-1c Certificates of need required for solid waste facilities.
- §24-2-1d Future electric generating capacity requirements.
- §24-2-1e Rate recovery for construction of electric transmission facilities.
- §24-2-1f Jurisdiction of commission over solid waste facilities.
- §24-2-1g Rate incentives for utility investment in qualified clean coal and clean air control technology facilities.
- §24-2-1h Additional powers and duties of commission to control flow of solid waste.
- §24-2-1i Commission authorized to issue emergency certificate of need to certain commercial solid waste facilities; division of environmental protection to modify facility permit; criteria for emergency certificates.
- §24-2-2 General power of commission to regulate public utilities.
- §24-2-3 General power of commission with respect to rates.
- §24-2-3a Advance notice of filing of general rate case required.
- §24-2-3b Transitional suspension of schedule; legislative findings; procedure.
- §24-2-3c Cessation of jurisdiction over rates for certain services subject to competition.
- §24-2-4 Procedure for changing rates.
- §24-2-4a Procedure for changing rates after June 30, 1981.
- §24-2-4b Procedures for changing rates of electric and natural gas cooperatives, local exchange services of telephone cooperatives and municipally operated public utilities.
- §24-2-4c Rate increases for natural gas public utilities relating to purchase of natural gas from suppliers.
- §24-2-4d Procedures for intrastate rail carrier rate-making and compliants.
- §24-2-4e Environmental control bonds.
- §24-2-5 Supervision of public utilities licensed by municipalities, county courts or otherwise; right to enter premises, inspect and correct meters.
- §24-2-6 Power as to connecting telephone and telegraph services.
- §24-2-7 Unreasonable, etc., regulations, practices and services; receivership; procedures respecting receivership; appointment and compensation of receiver; liquidation.
- §24-2-8 System of accounts to be kept by public utilities; uniform accounting system for public service districts and municipally owned public utilities.
- §24-2-9 Information concerning rates, etc., of public utilities may be required and published by commission.
- §24-2-10 Power to subpoena witnesses, take testimony and administer oaths; contempt; self-incrimination.
- §24-2-11 Requirements for certificate of public convenience and necessity.
- §24-2-11a Requirement for certificate of public convenience and necessity before beginning construction of high voltage transmission line; contents of application; notice; hearing; criteria for granting or denying certificate; regulations.
- §24-2-11b Continuing prudence reviews.
- §24-2-11c Siting certificates for certain electric generating facilities or material modifications thereof.
- §24-2-11d Revocation of certificate of public convenience and necessity; acquisition of facilities by capable public utility.
- §24-2-12 What acts may not be done without consent of commission; consent in advance of exemption of transactions; when sale, etc., of franchises, mergers, etc., void.
- §24-2-12a Issuance of stock; requirement of applying to commission for orders authorizing issuance; hearing and investigation on application; order; when issuance is void.
- §24-2-13 Enforcement of federal acts.
- §24-2-14 Reports required to be filed by generating electric utilities; contents; powers of commission to obtain information; availability to the public; certain studies required.
- §24-2-15 Automatic adjustment clauses or fuel adjustment clauses prohibited.
- §24-2-16 Anticompetitive clauses in natural gas contracts prohibited.
- §24-2-17 Registry of electric customers on life support systems; notification prior to scheduled outages; priority of service restoration; limitation of liability; life support defined.
- §24-2-18 Legislative findings on electric service; jurisdiction of the commission to determine public interest in permitting retail access to competitive power supply markets; participation of interested parties; development of deregulation plan; legislative approval or rejection of plan; certain reports required or permitted; continuing jurisdiction.
ARTICLE 2A. REDUCED RATES FOR LOW-INCOME RESIDENTIAL CUSTOMERS OF ELECTRICITY AND GAS.
- §24-2A-1 Special rates for gas and electric utility customers receiving Social Security Supplemental Security Income (SSI), Aid to Families with Dependent Children (AFDC), Aid to Families with Dependent Children--Unemployed (AFDC-U) or food stamps.
- §24-2A-2 Recovery of revenue deficiencies.
- §24-2A-3 Limitation on and exemption from local business and occupation or privilege taxes and local public utility excise taxes.
- §24-2A-4 Definitions.
ARTICLE 2B. TEMPORARY SUSPENSION OF RATE INCREASES.
- §24-2B-1 Temporary suspension of rate increases.
- §24-2B-2 Emergency rate increase; financial hardship procedure.
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.
- §24-2C-2 Tel-assistance; definitions.
- §24-2C-3 Monthly rate set by public service commission; prohibited and permissible charges.
- §24-2C-4 Availability of tel-assistance service; determination of eligibility; promulgation of rules.
- §24-2C-5 Recovery of revenue deficiencies.
ARTICLE 2D. ALTERNATIVE FUEL INITIATIVES.
- §24-2D-1 Legislative findings.
- §24-2D-2 Incentives for use of alternative fuels in new technologies.
- §24-2D-3 Limitation on commission jurisdiction over sales by nonutilities of alternative fuel for certain purposes.
ARTICLE 2E. REQUIREMENTS FOR PHONE SERVICE SALES
ARTICLE 2F. ALTERNATIVE AND RENEWABLE ENERGY PORTFOLIO STANDARD.
- §24-2F-1 Short title.
- §24-2F-2 Legislative findings.
- §24-2F-3 Definitions.
- §24-2F-4 Awarding of alternative and renewable energy resource credits.
- §24-2F-5 Alternative and renewable energy portfolio standard; compliance assessments.
- §24-2F-6 Alternative and renewable energy portfolio standard compliance plan; application; approval; and progress report.
- §24-2F-7 Cost recovery and rate incentives for electric utility investment in alternative and renewable energy resources.
- §24-2F-8 Net metering and interconnection standards.
- §24-2F-9 Interagency agreements; alternative and renewable energy resource planning assessment.
- §24-2F-10 Portfolio requirements for rural electric cooperatives, municipally owned electric facilities or utilities serving less than thirty thousand residential electric customers in West Virginia; and alternative and renewable energy resource credits for nonutility generators.
- §24-2F-11 Alternative and renewable energy resources grant program.
- §24-2F-12 Rule-making authority.
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.
- §24-3-1a Definitions; telemetry systems required.
- §24-3-1b Locomotive power units; helper units; one person crew prohibited; engineer requirement; restrictions on selection of crew; definitions; promulgation of rules.
- §24-3-2 Discrimination prohibited.
- §24-3-3 Connecting carriers generally; sharing use of terminals; discrimination by railroad main lines against tap, etc., lines.
- §24-3-3a Gas utility pipelines declared as common carriers; commission approval of certain transportation.
- §24-3-3b Access to privately owned railroad track and adjoining facilities.
- §24-3-4 Free transportation and passes; reduced rates; exchange of services and privileges.
- §24-3-5 Schedule of rates to be filed with commission.
- §24-3-6 Special license fee;"public service commission fund."
- §24-3-7 Permit to abandon service; certificate; hearing upon intervention by consumer advocate; alternative service.
- §24-3-8 Deposits.
- §24-3-9 Easement and right-of-way.
- §24-3-10 Termination of water service for delinquent sewer bills.
ARTICLE 4. VIOLATIONS OF PROVISIONS OF THIS CHAPTER OR ORDERS OF COMMISSION.
- §24-4-1 General penalties for violating provisions of this chapter.
- §24-4-2 Penalty for falsifying, destroying or altering entries and for making false statements.
- §24-4-3 Additional penalties for violating certain orders of commission.
- §24-4-4 Penalty for violating orders of commission for which no other penalty is provided.
- §24-4-5 Violation of commission's orders as contempt punishable by commission.
- §24-4-6 Procedure before commission as to violations.
- §24-4-7 Damages recoverable for violations.
- §24-4-8 What constitutes separate violation.
ARTICLE 5. REVIEW OF COMMISSION'S ACTION.
ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.
- §24-6-1 Legislative findings.
- §24-6-1a Municipal emergency telephone systems.
- §24-6-2 Definitions.
- §24-6-3 Adoption of emergency telephone system plan.
- §24-6-4 Creation of emergency telephone systems.
- §24-6-5 Enhanced emergency telephone system requirements.
- §24-6-6 Enhanced emergency telephone system proposed requirement.
- §24-6-6a Alternate procedure for proposal by the department of public safety.
- §24-6-6b Wireless enhanced 911 fee.
- §24-6-7 Resolution of conflicts.
- §24-6-8 Limitation of liability.
- §24-6-9 Prohibitions and penalty.
- §24-6-10 Prohibition against using "911" in company name.
- §24-6-11 Confidentiality of proprietary information.
- §24-6-12 Dispatching of towing services for emergency towing of vehicles; exceptions.
- §24-6-13 Confidentiality of certain calls to county answering points and records; retention of records.
- §24-6-14 Notification of mining accidents.
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