HB4012 S EIM AM 3-12
Kraus 7502
The Committee on Energy, Industry, and Mining moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) The commission may enforce, originate, establish, change, and promulgate tariffs, rates, joint rates, tolls, and schedules for all public utilities any:
(1) Public utility; except for municipal power systems and water and/or sewer utilities that are political subdivisions of this state providing a separate or combined services and having at least 4,500 customers and annual combined gross revenues of $3 million or more: Provided, That the commission may exercise such rate authority over
(2) Municipally owned natural gas utilities or a utility; and
(3) Municipally owned water and/or sewer utility having less than 4,500 customers or annual combined gross revenues of less than $3 million only under the circumstances and limitations set forth in §24-2-4b of this code, and subject to the provisions set forth in §24-2-3(b) of this code. And whenever the commission, after hearing,
(b) When, And whenever the commission, after hearing, the commission finds any existing rates, tolls, tariffs, joint rates, or schedules enacted or maintained by a utility regulated under the provisions of this section to be unjust, unreasonable, insufficient, or unjustly discriminatory, or otherwise in violation of any of the provisions of this chapter, the commission shall, by an order, fix reasonable rates, joint rates, tariffs, tolls, or schedules to be followed in the future in lieu of those found to be unjust, unreasonable, insufficient, or unjustly discriminatory or otherwise in violation of any provisions of law, and the commission, thereof. In fixing the rate of any railroad company, the commission may fix a fair, reasonable, and just rate to be charged on any branch line thereof, independent of the rate charged on the main line of that railroad.
(b) Any complaint filed with the commission by
(c) The commission may not enforce, originate, establish, change, nor promulgate tariffs, rates, joint rates, tolls, or schedules for any municipal power system or water and/or sewer utility that is a political subdivision of this state, provides a separate service or combined services, has at least 4,500 customers, and has annual combined gross revenues of $3 million or more.
(d) A resale or wholesale customer of a municipally owned water and/or sewer utility having less than 4,500 customers or annual combined gross revenue of less than $3 million may file a complaint concerning utility rates, fees, or charges applicable to such resale or wholesale customer shall be filed within 30 days of the enactment by the governing body of the political subdivision of an ordinance changing the rates, fees, or charges. for such service. The commission shall resolve said the complaint within 120 days of filing. The commission may toll the 120-day period for resolution of the complaint may be tolled by the commission until the necessary information showing is filed which shows the basis of the rates, fees, charges, and other information as the commission considers necessary. is filed: Provided, That The rates, fees, and charges so fixed by the political subdivision providing separate or combined water and/or sewer services shall remain in full force and effect until set aside, altered, or amended by order of the commission. in an order to be followed in the future: Provided, however, That the commission shall have no authority to The commission may not order refunds for amounts collected during the pendency of the complaint proceeding unless the rates, fees, or charges so enacted by the governing body were enacted subject to refund under the provisions of §24-2-4b(d)(2) or §24-2-4b(g) of this code.
(c) (e) In determining just and reasonable rates, the commission:
(1) May audit and investigate management practices and policies, or have performed an audit and investigation of such practices and policies, in order to determine whether the utility is operating with efficiency and is utilizing sound management practices. The commission shall adopt rules and regulations setting forth the scope, frequency, and application of such audits and investigations to the various utilities subject to its jurisdiction. The commission may include the cost of conducting the management audit in the cost of service of the utility; and
(d) In determining just and reasonable rates, the commission
(2) Shall investigate and review transactions between utilities and affiliates. The commission shall limit the total return of the utility to a level which is just and reasonable when considered with the level of profit or return the affiliate earns on transactions with the utility. is just and reasonable.
(f) Notwithstanding any other provision of this code to the contrary, the commission may not approve any increase in rates, charges, surcharges, riders, or other cost recovery mechanisms imposed upon retail West Virginia ratepayers unless the commission finds, based upon a preponderance of the evidence in the record, that the costs assigned to those ratepayers are proportionate to or less than the benefits expected to be received by those ratepayers. In any circumstance where the commission approves such an increase on West Virginia retail ratepayers, the commission shall publicly publish and provide a written justification quantitatively detailing its findings and decision.
(a) No Any public utility, person, or corporation may not begin construction of a high voltage transmission line of 200,000 volts or over, which line is not an ordinary extension of an existing system in the usual course of business as defined by the Public Service Commission, unless and until it or he or she has obtained from the Public Service commission a certificate of public convenience and necessity approving the construction and proposed location of the transmission line.
(b) The application for the certificate shall be in the form the commission prescribes and shall contain:
(1) A description, in such detail as the commission prescribes, of the location and type of line facilities which the applicant proposes to construct;
(2) A statement justifying the need for the facilities;
(3) A statement of the environmental impact of the line facilities; and
(4) Other information the applicant considers relevant or the commission requires.
(c) Upon the filing of the application, the applicant shall publish a notice of the filing, in the form the commission directs, as a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code. The notice shall:
(1) Be published publication area for the publication to be in each county in which any portion of the proposed transmission line is to be constructed. a notice of the filing of the application and
(2) State that the commission may approve the application unless within 15 days after completion of publication the commission receives a written request for a hearing on the application has been received by the commission within 15 days after completion of publication from a person or persons any person alleging that the proposed transmission line or its location is against the public interest.
(d) If the commission receives a timely request is timely received, the commission pursuant to subsection (c) of this section, it shall set the matter for hearing on a date within 60 days from completion of the publication, and shall require the applicant to publish notice of the time and place of hearing in the same manner as is required for the publication of notice of the filing of the application. At least 30 business days before the deadline set by the Public Service commission to file a petition to intervene with regard to regarding the application, the applicant shall serve notice by certified mail to all owners of surface real estate that lie within the preferred corridor of the proposed transmission line. Notice received by a named owner who is the recipient of record of the most recent tax bill that has been issued by the county sheriff's office for a parcel of land at the time of the filing of the application is sufficient notice regarding that parcel for purposes of this subsection.
(d)(e) Within 60 days after the filing of the application is filed, or if hearing is held on the application, within 90 days after final submission on oral argument or brief, the commission may approve the application if it finds that the proposed transmission line:
(1) Will economically, adequately, and reliably contribute to meeting the present and anticipated requirements for electric power of the customers served by the applicant or is necessary and desirable for present and anticipated reliability of service for electric power for its service area or region;
(2) Will be in the best interest of West Virginia customers and its citizens; and
(3) Will result in an acceptable balance between reasonable power needs and reasonable environmental factors.
(e)(f) The commission may impose conditions upon its approval of the application, or modify the applicant's proposal, to achieve an acceptable balance between reasonable power needs and reasonable environmental factors.
(f)(g) The provisions of this section do not apply to the construction of line facilities which will be part of a transmission line for which any right-of-way has been acquired prior to January 1, 1973.
(g)(h) The commission shall prescribe rules it considers proper for the administration and enforcement of the provisions of this section, which rules shall be promulgated in accordance with the applicable provisions of §29A-1-1 et seq. of this code.
(h)(i) Notwithstanding any other provision of the law to the contrary, the commission shall determine, in its discretion, which transmission line or lines crossing above the Ohio River must be marked to be made visible to airborne traffic flying in any area where the lines exist, and shall promulgate rules requiring that all public utilities or persons who install or maintain the lines make the necessary markings.
(j) Notwithstanding any other provision of this code to the contrary, the commission may not grant a certificate of public convenience and necessity for the construction of any electric transmission line of 200 kilovolts or greater unless the applicant demonstrates by clear and convincing evidence that:
(1) The cost of the line and associated facilities, allocated to West Virginia load serving entities that provide service to West Virginia regulated ratepayers, is at least generally commensurate with the benefits that will be received by those ratepayers;
(2) Any portion of the cost of construction, operation, or maintenance may not be recovered from West Virginia load serving entities and ratepayers unless the costs are at least generally commensurate to the benefits to those ratepayers; and
(3) The applicant commits and agrees that as a condition of the certificate, and upon receipt of a valid and approved request to serve West Virginia retail load at its sole expense, it will design, construct, and place in service the off-take facilities reasonably necessary to provide the service within a reasonable timeframe.
Adopted
Rejected