2020 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-4 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.
