HB4012 HFA Anders et. al 2-9 #1

CR 3338

Delegates Anders, Dillion, Hillenbrand, Ridenour, and White moved to amend the com sub on page 9, section 11a, after line 62, by inserting the following:  

“(i) Notwithstanding any other provision of this code, the Public Service Commission shall not grant a certificate of public convenience and necessity for the construction of any electric transmission line operating at two hundred kilovolts or greater unless the applicant demonstrates, by clear and convincing evidence, compliance with all of the following requirements:

(1) In-State Access and Delivery Requirement.

Any electric transmission line operating at two hundred kilovolts or greater that traverses the State of West Virginia shall include two or more substations or interconnection facilities located within the state, of sufficient capacity to allow electric power transmitted on the line to be delivered directly to West Virginia electric utilities and West Virginia end users.

(2) Ratepayer Cost Protection and Proportional Allocation.

No portion of the cost of construction, operation, maintenance, or financing of any electric transmission line operating at two hundred kilovolts or greater may be recovered from West Virginia ratepayers except in direct proportion to the percentage of transmission capacity that is delivered to and consumed by West Virginia utilities or West Virginia end users through in-state substations or interconnection facilities. Any costs attributable to transmission capacity used primarily to serve out-of-state load shall not be recovered from West Virginia ratepayers.

(3) Prohibition on Eminent Domain.

The power of eminent domain shall not be exercised for the construction, expansion, or operation of any electric transmission line operating at two hundred kilovolts or greater.

(4) Burden of Proof and Enforcement.

Failure to satisfy any requirement of this subsection shall constitute grounds for denial of the certificate of public convenience and necessity.”

Adopted

Rejected