H. B. 2004
(By Delegate Collins)
[Introduced February 12, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article three, chapter
twenty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the public
service commission; and providing for strict liability on
electric utilities for power surges.
Be it enacted by the Legislature of West Virginia:
That section one, article three, chapter twenty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
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. Every electric
utility company subject to this chapter shall maintain adequate
safety appliances or other suitable devices to prevent a power
surge. Any electric utility company responsible for a power
surge through the acts of its agents, servants and employees is
strictly liable for the damages caused by the power surge and any
customer, person or individual damaged by a power surge may
recover pursuant to the provisions of section seven, article four
of this chapter or other remedies provided by law: Provided,
That strict liability does not apply to power surges caused by
lightning. 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 or 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.
NOTE: The purpose of this bill is to create strict
liability for power surges caused by electric utilities.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.