West Virginia Code
Article 2. Powers and Duties of Public Service Commission
§24-2-11. Requirements for Certificate of Public Convenience and Necessity


(a) A public utility, person or corporation other than a political subdivision of the state providing water or sewer services and having at least 4,500 customers and annual gross combined revenues of $3 million dollars or more may not begin the construction of any plant, equipment, property or facility for furnishing to the public any of the services enumerated in section one, article two of this chapter, nor apply for, nor obtain any franchise, license or permit from any municipality or other governmental agency, except ordinary extensions of existing systems in the usual course of business, unless and until it shall obtain from the Public Service Commission a certificate of public convenience and necessity authorizing the construction franchise, license or permit.
(b) Upon the filing of any application for the certificate, and after hearing, the commission may, in its discretion, issue or refuse to issue, or issue in part and refuse in part, the certificate of convenience and necessity: Provided, That the commission, after it gives proper notice and if no substantial protest is received within 30 days after the notice is given, may waive formal hearing on the application. Notice shall be given by publication which shall state that a formal hearing may be waived in the absence of substantial protest, made within 30 days, to the application. The notice shall be published as a Class I legal advertisement in compliance with 59-3-1 et seq. of this code. The publication area shall be the proposed area of operation.
(c) Any public utility, person or corporation subject to the provisions of this section other than a political subdivision of the state providing water and/or sewer services having at least 4,500 customers and combined annual gross revenue of $3 million dollars or more shall give the commission at least 30 days notice of the filing of any application for a certificate of public convenience and necessity under this section: Provided, That the commission may modify or waive the 30-day notice requirement and shall waive the 30-day notice requirement for projects approved by the Infrastructure and Jobs Development Council.
(d) The commission shall render its final decision on any application filed under the provisions of this section or 24-2-11a of this code within 270 days of the filing of the application and within 90 days after final submission of any such application for decision following a hearing: Provided, That if the application is for authority to construct a water and sewer project and the projected total cost is less than $10 million, the commission shall render its final decision within 225 days of the filing of the application.
(e) The commission shall render its final decision on any application filed under the provisions of this section that has received the approval of the Infrastructure and Jobs Development Council pursuant to 31-15A-1 et seq. of this code within 180 days after filing of the application: Provided, That if a substantial protest is received within 30 days after the notice is provided pursuant to subsection (b) of this section, the commission shall render its final decision within 270 days or 225 days of the filing of the application, whichever is applicable as determined in subsection (d) of this section.
(f) If the projected total cost of a project which is the subject of an application filed pursuant to this section or 24-2-11a of this code is greater than $50 million, the commission shall render its final decision on any such application filed under the provisions of this section or 24-2-11a of this code within 400 days of the filing of the application and within 90 days after final submission of any such application for decision after a hearing.
(g) If a decision is not rendered within the time frames established in this section, the commission shall issue a certificate of convenience and necessity as applied for in the application.
(h) The commission shall prescribe rules it considers proper for the enforcement of the provisions of this section; and, in establishing that public convenience and necessity do exist, the burden of proof shall be upon the applicant.
(i) Pursuant to the requirements of this section, the commission may issue a certificate of public convenience and necessity to any intrastate pipeline, interstate pipeline or local distribution company for the transportation in intrastate commerce of natural gas used by any person for one or more uses, as defined by rule, by the commission in the case of:
(1) Natural gas sold by a producer, pipeline, or other seller to the person; or
(2) Natural gas produced by the person.
(j) A public utility, including a public service district, which has received a certificate of public convenience and necessity after July 8, 2005, from the commission and has been approved by the Infrastructure and Jobs Development Council is not required to, and cannot be compelled to, reopen the proceeding if the cost of the project changes but the change does not affect the rates established for the project.
(k) Any public utility, person, or corporation proposing any electric power project that requires a certificate under this section is not required to obtain the certificate before applying for or obtaining any franchise, license, or permit from any municipality or other governmental agency.
(l) Water or sewer utilities that are political subdivisions of the state and having at least 4,500 customers and combined gross revenues of $3 million dollars or more desiring to pursue construction projects that are not in the ordinary course of business shall provide adequate prior public notice of the contemplated construction and proposed changes to rates, fees, and charges, if any, as a result of the construction to both current customers and those persons who will be affected by the proposed construction as follows:
(1) Adequate prior public notice of the contemplated construction by causing a notice of intent to pursue a project that is not in the ordinary course of business to be specified on the monthly billing statement of the customers of the utility for the month immediately preceding the month in which an ordinance or resolution approving the proposed construction and proposed changes to rates, fees, and charges, if any, is to be before the governing body for the public hearing on the ordinance or resolution approving the proposed construction and proposed changes to rates, fees, and charges, if any.
(2) Adequate prior public notice of the contemplated construction by causing to be published as a Class I legal advertisement of the proposed public hearing on the ordinance or resolution approving the proposed construction and proposed changes to rates, fees, and charges, if any, in compliance with 59-3-1 et seq. of this code. The publication area for publication shall be all territory served by the political subdivision. If the political subdivision provides service in more than one county, publication shall be made in a newspaper of general circulation in each county that the political subdivision provides service.
(3) The public notice of the proposed construction shall state the scope of the proposed construction; a summary of the current rates, fees, and charges, and proposed changes to said rates, fees, and charges, if any; the date, time and place of the public hearing on the ordinance or resolution approving the proposed construction and proposed changes to rates, fees, and charges, if any; and the place or places within the political subdivision where the ordinance or resolution approving the proposed construction and proposed changes to rates, fees, and charges, if any, may be inspected by the public. A reasonable number of copies of the ordinance or resolution shall be kept at the place or places and be made available for public inspection. The notice shall also advise that interested parties may appear at the public hearing before the political subdivision and be heard with respect to the proposed construction and the proposed rates, fees, and charges, if any.
(4) The ordinance or resolution on the proposed construction and the proposed rates, fees, and charges shall be read at two meetings of the governing body with at least two weeks intervening between each meeting. The public hearing may be conducted prior to, or at, the meeting of the governing body at which the ordinance or resolution approving the proposed construction is considered on second reading.
(5) Enactment or adoption of the ordinance or resolution approving the proposed construction and the proposed rates, fees, and charges shall follow an affirmative vote of the governing body and the approved rates shall go into effect no sooner than 45 days following the action of the governing body. If the political subdivision proposes rates that will go into effect prior to the completion of construction of the proposed project, the 45-day waiting period may be waived by public vote of the governing body only if the political subdivision finds and declares the political subdivision to be in financial distress such that the 45-day waiting period would be detrimental to the ability of the political subdivision to deliver continued and compliant public services: Provided, That, if the political subdivision is a public service district, in no event may the rate become effective prior to the date that the county commission has entered an order approving or modifying the action of the public service district board.
(6) Rates, fees, and charges approved by an affirmative vote of the public service district board shall be forwarded in writing to the county commission with the authority to appoint the members of the public service board of the public service district. The county commission shall, within 45 days of receipt of the proposed rates, fees, and charges, take action to approve, modify, or reject the proposed rates, fees, and charges, in its sole discretion. If, after 45 days, the county commission has not taken final action to approve, modify, or reject the proposed rates, fees, and charges, the proposed rates, fees, and charges, as presented to the county commission, shall be effective with no further action by the board or county commission. In any event this 45-day period may be extended by official action of both the board proposing the rates, fees, and charges and the appointing county commission.
(7) The county commission shall provide notice to the public by a Class I legal advertisement of the proposed action, in compliance with 59-3-1 et seq. of this code, of the meeting where it shall consider the proposed increases in rates, fees, and charges no later than one week prior to the meeting date.
(8) A public service district, or a customer aggrieved by the changed rates or charges who presents to the circuit court a petition signed by 25 percent of the customers served by the public service district when dissatisfied by the approval, modification, or rejection by the county commission of the proposed rates, fees, and charges under the provisions of this subsection may file a complaint regarding the rates, fees, and charges resulting from the action of, or failure to act by, the county commission in the circuit court of the county in which the county commission sits: Provided, That any complaint or petition filed hereunder shall be filed within 30 days of the county commissions final action approving, modifying or rejecting the rates, fees, and charges, or the expiration of the 45-day period from the receipt by the county commission, in writing, of the rates, fees, and charges approved by resolution of the board, without final action by the county commission to approve, modify or reject the rates, fees, and charges, and the circuit court shall resolve said complaint: Provided, however, That the rates, fees, and charges so fixed by the county commission, or those adopted by the district upon which the county commission failed to act, shall remain in full force and effect, until set aside, altered, or amended by the circuit court in an order to be followed in the future.

Structure West Virginia Code

West Virginia Code

Chapter 24. Public Service 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

§24-2-1j. Special Rates for Energy Intensive Industrial Consumers of Electric Power

§24-2-1k. Natural Gas Infrastructure Expansion, Development, Improvement and Job Creation; Findings; Expedited Process; Requirements; Rulemaking

§24-2-1l. Modernization and Improvement of Coal-Fired Boilers at Electric Power Plants; Findings; Expedited Process; Requirements; Rulemaking

§24-2-1m. Commission Jurisdiction Does Not Extend to Materials Recovery Facilities, Mixed Waste Processing Facilities, and Certain Mixed Waste Processing and Resource Recovery Facilities

§24-2-1n. West Virginia Business Ready Sites Program

§24-2-1o. Renewable Energy Facilities Program

§24-2-1p. Middle-Mile Fiber Broadband Infrastructure Expansion Program

§24-2-1q. Base Fuel Supply Requirements for Electric Grid Resiliency

§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; Obtaining New Supplies of Natural Gas to Meet Obligations

§24-2-4d. Procedures for Intrastate Rail Carrier Rate-Making and Compliants

§24-2-4e. Environmental Control Bonds

§24-2-4f. Consumer Rate Relief Bonds

§24-2-4g. Establishing the Value of Utility Assets in the Context of the Acquisition of a Utility or Utility Assets and Providing for the Combination or Allocation of Water and Wastewater Revenue Requirements

§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; Jurisdictionof the Commission to Determine Public Interest Inpermitting Retail Access to Competitive Power Supply Markets; Participation of Interested Parties; Development of Deregulation Plan; Legi...

§24-2-19. Integrated Resource Planning Required

§24-2-20. Direct Use of Natural Gas

§24-2-21. Required Notice for Power Plant Closure or Sale