Approving a deregulation plan submitted by the Public Service Commission whereby users of electricity in the state would have open access across existing and new utility delivery systems to a competitive market for power supply; but delaying implementation of the deregulation plan until necessary tax changes are enacted by the Legislature to satisfy the legislative findings regarding preservation of tax revenues for state and local governments and an implementation resolution is adopted so finding.

Whereas, Enrolled Committee Substitute for H. B. 4277 passed by the Legislature on March 14, 1998 (codified as W. Va. Code §24-2- 18) directed the Public Service Commission to determine whether it is in the public interest for West Virginia to adopt a plan, known as a deregulation plan, whereby users of electricity in the state would have open access across existing and new utility delivery systems to a competitive market for power supply; and
Whereas, In determining whether or not to make a finding of public interest that West Virginia should adopt a deregulation plan and in developing a deregulation plan, the Commission sought and secured in the manner specified in W. Va. Code §24-2-18(a)(5) and (6) and (b)(1) the involvement of, and consultation with, a wide spectrum of interests in the state, including, but not limited to, those interests designated "all interested parties" as specified in W. Va. Code §24-218(a)(4); and
Whereas, The Commission as a consequence of the involvement of, and its consultation with, "all interested parties" and others, made a finding that it is in the public interest for West Virginia to adopt a deregulation plan and subsequently developed a deregulation plan for submission to the Legislature for approval as provided in W. Va. Code §24-2-18; and
Whereas, The Commission's deregulation plan, which included its finding of public interest, is set forth in an order issued on January 28, 2000, denominated Case No. 98-0452-E-GI, and was submitted to each house of the Legislature on January 31, 2000, as provided in W. Va. Code §24-2-18(c); and
Whereas, The deregulation plan submitted by the Commission to the Legislature (a) includes the Commission's findings that the deregulation plan fairly balances the interests of the electric utilities, their customers, and the state's economy and that the deregulation plan is consistent with the legislative findings set forth in W. Va. Code §24-2-18(a)(6)(A)-(M); (b) prescribes procedures and standards for the marketing of power supply in the state; and (c) resolves all issues necessary to provide for an orderly transition from the current regulated structure to a system
of direct retail access in a fully workable competitive power supply market in a manner that is fair to customers, electric utilities and other affected parties; and
Whereas, Concurrently with the submission of its deregulation plan to the Legislature, the Commission issued a report to the Governor, the President of the Senate and the Speaker of the House of Delegates on the potential state or local tax consequences of implementing the deregulation plan, but that the necessary tax changes have not been enacted by the Legislature to satisfy the legislative findings regarding preservation of tax revenues for state and local governments, set out

in W. Va. Code §24-2-18(a)(6) and (7); therefore, be it
Resolved by the Legislature of West Virginia:
That the deregulation plan embodied in the Commission's order of January 31, 2000, denominated Case No. 98-0452-E-GI, and submitted to the Legislature on January 31, 2000, is hereby approved