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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 - (a) It is the purpose and policy of the Legislature...
§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 - (a) The Public Service Commission shall submit to the Legislature...
§24-1-1b. Supplemental Rule for Reorganization - The Public Service Commission shall, by general order, create a...
§24-1-1c. Legislative Findings - The Legislature finds: (1) Helping retail electric customers invest in...
§24-1-1d. Additional Legislative Findings Related to the Coal Industry - The Legislature finds that: (1) Over 600 coal-fired electric units...
§24-1-2. Definitions - Except where a different meaning clearly appears from the context,...
§24-1-3. Commission Continued; Membership; Chairman; Compensation; Quorum - (a) The Public Service Commission of West Virginia is continued...
§24-1-4. Appointment, Duties and Compensation of Secretary and Other Employees; Hearings Generally; Public Comment; Outside Employment by Certain Employees Prohibited - The commission shall appoint a secretary and such other employees...
§24-1-5. Seal to Be Adopted; Collection and Disposition of Fees - The commission shall adopt a seal which shall be affixed...
§24-1-6. Office of Commission; Time and Place of Hearings; Number of Commissioners Required for Taking Action - The general office of the commission shall be kept at...
§24-1-7. Rules of Procedure; Commission Not Bound by Rules of Evidence or Pleadings; Inscription On, Use of and Judicial Notice of Seal - The commission shall prescribe such rules and regulations as may...
§24-1-8. Legal Counsel for the Commission - The commission may employ counsel to represent it in proceedings...
§24-1-9. Recommended Decision by Hearing Commissioner, Hearing Examiner or Panel - (a) Any order recommended by a single hearing commissioner, a...
Article 2. Powers and Duties of Public Service Commission
§24-2-1. Jurisdiction of Commission; Waiver of Jurisdiction - NOTE: West Virginia Code 21-2-1 was amended by two bills...
§24-2-1a. Authority of Commission to Enter and Inspect Railroad Property - The commission or its duly authorized representatives are hereby authorized...
§24-2-1b. Additional Jurisdiction of Commission - (a) Effective July 1, 1988, in addition to all other...
§24-2-1c. Certificates of Need Required for Solid Waste Facilities - (a) Any person applying for a permit to construct, operate...
§24-2-1d. Future Electric Generating Capacity Requirements - (a) In order to maximize the use of electricity generated...
§24-2-1e. Rate Recovery for Construction of Electric Transmission Facilities - In order to encourage the construction of transmission facilities necessary...
§24-2-1f. Jurisdiction of Commission Over Solid Waste Facilities - Effective July 1, 1989, in addition to all other powers...
§24-2-1g. Rate Incentives for Utility Investment in Qualified Clean Coal and Clean Air Control Technology Facilities - (a) The Legislature hereby finds and declares that the State...
§24-2-1h. Additional Powers and Duties of Commission to Control Flow of Solid Waste - (a) Upon the petition of any county or regional solid...
§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 - (a) Notwithstanding any provision of this article, or any provision...
§24-2-1j. Special Rates for Energy Intensive Industrial Consumers of Electric Power - (a) The Legislature hereby finds that: (1) West Virginia enjoys...
§24-2-1k. Natural Gas Infrastructure Expansion, Development, Improvement and Job Creation; Findings; Expedited Process; Requirements; Rulemaking - (a) The Legislature hereby finds that: (1) West Virginia is...
§24-2-1l. Modernization and Improvement of Coal-Fired Boilers at Electric Power Plants; Findings; Expedited Process; Requirements; Rulemaking - (a) The Legislature hereby finds that: (1) West Virginia is...
§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 - Notwithstanding any other provision of this code, the jurisdiction of...
§24-2-1n. West Virginia Business Ready Sites Program - (a) The Legislature finds and declares that: (1) Presently, West...
§24-2-1o. Renewable Energy Facilities Program - (a) The Legislature finds and declares that: (1) West Virginia...
§24-2-1p. Middle-Mile Fiber Broadband Infrastructure Expansion Program - (a) Legislative findings. The Legislature finds: (1) That access to...
§24-2-1q. Base Fuel Supply Requirements for Electric Grid Resiliency - Any coal-fired power plant owned by a public electric utility...
§24-2-2. General Power of Commission to Regulate Public Utilities - (a) The commission may investigate all rates, methods, and practices...
§24-2-3. General Power of Commission With Respect to Rates - (a) The commission may enforce, originate, establish, change, and promulgate...
§24-2-3a. Advance Notice of Filing of General Rate Case Required - All public utilities subject to the provisions of section four...
§24-2-3b. Transitional Suspension of Schedule; Legislative Findings; Procedure - The Legislature finds that in anticipation of the operative date...
§24-2-3c. Cessation of Jurisdiction Over Rates for Certain Services Subject to Competition - (a) Upon the application of any telephone utility, the commission...
§24-2-4. Procedure for Changing Rates - No public utility subject to this chapter, except those utilities...
§24-2-4a. Procedure for Changing Rates After June 30, 1981 - NOTE: West Virginia Code 24-2-4a was amended by two bills...
§24-2-4b. Procedures for Changing Rates of Electric and Natural Gas Cooperatives, Local Exchange Services of Telephone Cooperatives, and Municipally Operated Public Utilities - (a) The rates and charges of electric cooperatives, natural gas...
§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 - (a) Before granting any rate increase to a natural gas...
§24-2-4d. Procedures for Intrastate Rail Carrier Rate-Making and Compliants - Inasmuch as the commission retains authority over intrastate rail rates...
§24-2-4e. Environmental Control Bonds - (a) Legislative findings. -- The Legislature hereby finds and declares:...
§24-2-4f. Consumer Rate Relief Bonds - (a) Legislative findings. - The Legislature hereby finds and declares...
§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 - (a) The Legislature finds that: (1) Many West Virginia publicly...
§24-2-5. Supervision of Public Utilities Licensed by Municipalities, County Courts or Otherwise; Right to Enter Premises, Inspect and Correct Meters - The commission shall have general supervision of all public utilities...
§24-2-6. Power as to Connecting Telephone and Telegraph Services - Whenever, after hearing, upon notice, the Public Service Commission shall...
§24-2-7. Unreasonable, etc., Regulations, Practices and Services; Receivership; Procedures Respecting Receivership; Appointment and Compensation of Receiver; Liquidation - (a) Whenever, under the provisions of this chapter, the commission...
§24-2-8. System of Accounts to Be Kept by Public Utilities; Uniform Accounting System for Public Service Districts and Municipally Owned Public Utilities - (a) The commission may establish a system of accounts to...
§24-2-9. Information Concerning Rates, etc., of Public Utilities May Be Required and Published by Commission - The commission may at any time require persons, firms, companies,...
§24-2-10. Power to Subpoena Witnesses, Take Testimony and Administer Oaths; Contempt; Self-Incrimination - The commission shall have power, either as a commission or...
§24-2-11. Requirements for Certificate of Public Convenience and Necessity - (a) A public utility, person or corporation other than a...
§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 - (a) No public utility, person or corporation may begin construction...
§24-2-11b. Continuing Prudence Reviews - (a) If, in granting a certificate of convenience and necessity...
§24-2-11c. Siting Certificates for Certain Electric Generating Facilities or Material Modifications Thereof - (a) Notice of an application for a siting certificate required...
§24-2-11d. Revocation of Certificate of Public Convenience and Necessity; Acquisition of Facilities by Capable Public Utility - (a) In addition to the powers conferred by section seven,...
§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 - Unless the consent and approval of the Public Service Commission...
§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 - The power of public utilities to issue stocks and stock...
§24-2-13. Enforcement of Federal Acts - In addition to all other powers and duties conferred upon...
§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 - (a) On a monthly basis and within thirty days of...
§24-2-15. Automatic Adjustment Clauses or Fuel Adjustment Clauses Prohibited - The commission shall not enforce, originate, continue, establish, change or...
§24-2-16. Anticompetitive Clauses in Natural Gas Contracts Prohibited - (a) Unenforceable clauses: Any provision of any contract for the...
§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 - (a) In addition to all other powers and duties conferred...
§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... - (a) The Legislature hereby finds that: (1) Electric service is...
§24-2-19. Integrated Resource Planning Required - (a) Not later than March 31, 2015, the Public Service...
§24-2-20. Direct Use of Natural Gas - (a) The Legislature hereby finds that: (1) Consumers of natural...
§24-2-21. Required Notice for Power Plant Closure or Sale - (a) The Legislature hereby finds that: (1) Coal-fired power plants...
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 - The commission shall order each gas and electric utility subject...
§24-2A-2. Recovery of Revenue Deficiencies - In order to provide the special reduced rates mandated or...
§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...
§24-2A-4. Definitions - As used in this article, the term: (a) "Billing cycle"...
§24-2A-5. Special Rates for Certain Water, Sewer, or Combined Water and Sewer Utility Customers - (a) The commission may authorize a privately owned water, sewer...
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)...
§24-2B-2. Emergency Rate Increase; Financial Hardship Procedure - During the period of temporary suspension of rates generally, as...
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...
§24-2C-2. Tel-Assistance; Definitions - For purposes of this article, the following terms apply: (a)...
§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...
§24-2C-4. Availability of Tel-Assistance Service; Determination of Eligibility; Promulgation of Rules - (a) All eligible telecommunications carriers shall make tel-assistance services available...
§24-2C-5. Recovery of Revenue Deficiencies - (a) In order to provide the special reduced rate mandated...
Article 2D. Alternative Fuel Initiatives
§24-2D-1. Legislative Findings - The Legislature finds that there is growing concern about the...
§24-2D-2. Incentives for Use of Alternative Fuels in New Technologies - (a) For purposes of this section, "alternative fuel vehicles" shall...
§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...
Article 2E. Requirements for Phone Service Sales
§24-2E-1. Transfer of Phone Service Providers - (a) No telephone public utility may submit a change on...
§24-2E-2. Telephone Services Agreements - (a) Limitation on termination fees. -- On and after the...
§24-2E-3. Telephone Conduit; Prohibition; Rulemaking - (a) A telephone public utility may not prohibit, either by...
Article 2F. Alternative and Renewable Energy Portfolio Standard
§24-2F-8. Net Metering and Interconnection Standards - (a) "Net metering" means measuring the difference between electricity supplied...
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...
§24-2G-2. Requirements - (a) Each public water utility, public service district or municipal...
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...
§24-2H-2. Legislative Findings - (a) The provision of safe drinking water and the collection...
§24-2H-3. Definitions - (a) A "distressed utility" is a water or wastewater utility...
§24-2H-4. Preparation of List of Potentially Unstable Water and Wastewater Utilities - Annually, the commission shall prepare a list of water and...
§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,...
§24-2H-6. Notice to Distressed or Failing Utility and Formal Proceeding - (a) A proceeding under this article may be initiated by...
§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...
§24-2H-8. Commission Approval of Operating Agreement, Acquisition Price; Rates for Distressed and Failing Utilities; Improvement Plan; Debt Obligations; Cost Recovery - (a) After an order has been entered pursuant to 24-2H-7...
§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...
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...
§24-3-1a. Definitions; Telemetry Systems Required - (a) As used in this article: (1) "Head end device"...
§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...
§24-3-2. Discrimination Prohibited - No public utility subject to the provisions of this chapter...
§24-3-3. Connecting Carriers Generally; Sharing Use of Terminals; Discrimination by Railroad Main Lines Against Tap, etc., Lines - All common carriers subject to this chapter shall, according to...
§24-3-3a. Gas Utility Pipelines Declared as Common Carriers; Commission Approval of Certain Transportation - (a) As used in this section or in section eleven,...
§24-3-4. Free Transportation and Passes; Reduced Rates; Exchange of Services and Privileges - Nothing in this chapter shall be construed to prevent any...
§24-3-5. Schedule of Rates to Be Filed With Commission - Every public utility shall file with the commission, and keep...
§24-3-6. Special License Fee;"public Service Commission fund." - (a) All public utilities subject to the provisions of this...
§24-3-7. Permit to Abandon Service; Certificate; Hearing Upon Intervention by Consumer Advocate; Alternative Service; Recouping Costs of Converting Customers - (a) No railroad or other public utility shall abandon all...
§24-3-8. Deposits; Interest - (a) No public utility shall require any deposit of any...
§24-3-9. Easement and Right-of-Way - A public utility may not acquire an easement or right-of-way...
§24-3-10. Termination of Water Service for Delinquent Sewer Bills - (a) In the event that any publicly or privately owned...
Article 4. Violations of Provisions of This Chapter or Orders of Commission
§24-4-1. General Penalties for Violating Provisions of This Chapter - Every officer, agent, employee, or stockholder of any public utility...
§24-4-2. Penalty for Falsifying, Destroying or Altering Entries and for Making False Statements - Any person, officer, agent or employee of any public utility...
§24-4-3. Additional Penalties for Violating Certain Orders of Commission - If any public utility or other person shall fail or...
§24-4-4. Penalty for Violating Orders of Commission for Which No Other Penalty Is Provided - If any person, firm, corporation or officer of a corporation...
§24-4-5. Violation of Commission's Orders as Contempt Punishable by Commission - Any person or public utility who shall violate any of...
§24-4-6. Procedure Before Commission as to Violations - Any person, firm, association of persons, corporation, municipality or county,...
§24-4-7. Damages Recoverable for Violations - Any person, firm or corporation claiming to be damaged by...
§24-4-8. What Constitutes Separate Violation - Every day during which any person, firm or corporation, or...
Article 5. Review of Commission's Action
§24-5-1. Review of Final Orders of Commission - Any party feeling aggrieved by the entry of a final...
Article 6. Local Emergency Telephone System
§24-6-1. Legislative Findings - The Legislature hereby finds and declares that it is in...
§24-6-1a. Municipal Emergency Telephone Systems - Effective April 1, one thousand nine hundred eighty-eight, and thereafter,...
§24-6-2. Definitions - As used in this article, unless the context clearly requires...
§24-6-3. Adoption of Emergency Telephone System Plan - (a) The Public Service Commission shall develop, adopt, and periodically...
§24-6-4. Creation of Emergency Telephone Systems - (a) Upon the adoption by the Public Service Commission of...
§24-6-5. Enhanced Emergency Telephone System Requirements - NOTE: West Virginia Code 24-6-5 was amended by two bills...
§24-6-6. Enhanced Emergency Telephone System Proposed Requirement - (a) If a county commission decides to adopt an enhanced...
§24-6-6a. Alternate Procedure for Proposal by the Department of Public Safety - (a) In any county or counties which have areas thereof...
§24-6-6b. Wireless Enhanced 911 Fee; Public Safety Wireless Fee; Wireless Tower Fee - (a) All CMRS providers as defined in 24-6-2 of this...
§24-6-7. Resolution of Conflicts - In the event that a conflict arises between county commissions,...
§24-6-8. Limitation of Liability - A public agency or a telephone company participating in an...
§24-6-9. Prohibitions and Penalty - (a) No person may knowingly use the telephone number of...
§24-6-10. Prohibition Against Using "911" in Company Name - No person or organization of any kind may use "911"...
§24-6-11. Confidentiality of Proprietary Information - In recognition of the fact that information pertaining to numbers...
§24-6-12. Dispatching of Towing Services for Emergency Towing of Vehicles; Exceptions - (a) Every three years, the county commission of each county...
§24-6-13. Confidentiality of Certain Calls to County Answering Points and Records; Retention of Records - (a) Except as provided by the provisions of this section,...
§24-6-14. Notification of Mining Accidents - Each county answering point that receives a call reporting an...
§24-6-15. Commission to Implement Ng911 in West Virginia - (a) Legislative findings. (1) The Legislature finds that: (A) Communication...
Article 7. Headquarters
§24-7-1. Legislative Findings; Commission Authorized to Acquire Headquarters - (a) The Legislature hereby finds that the Public Service Commission's...
§24-7-2. Exclusive Authority for Purchase of Headquarters - The authority granted to the Public Service Commission in section...
§24-7-3. Management and Control of Public Service Commission Headquarters Building - Notwithstanding the provisions of section eleven, article six, chapter five...
§24-7-4. Legislative Findings; Authority to Acquire Further Properties - (a) The Legislature hereby finds that the Public Service Commission...
Article 8. 211 Information and Referral System
§24-8-1. Legislative Findings - The Legislature finds that it is in the best interest...
§24-8-2. Rule-Making Authority - The Public Service Commission shall propose rules for legislative promulgation...