HB4012 HFA Anders 2-4 #1

CR 3338

Delegate Anders moved to amend the com sub on page 9, section 11a, after line 62, by inserting the following:  

“(j) (1) 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 of 200 kilovolts or greater unless the applicant demonstrates, by clear and convincing evidence, that:

(A) The primary purpose of the transmission line is to serve electric load located within the State of West Virginia; and

(B) A majority of the measurable capacity of the transmission line will be reserved for use by West Virginia ratepayers; and

(C) No portion of the cost of construction, operation, or maintenance shall be recovered from West Virginia ratepayers for capacity used primarily to serve out-of-state load; and

(D) The proposed project is not primarily designed for regional export, merchant transmission, or the transmission of electric power for the benefit of out-of-state utilities, markets, or load centers.

(2) Failure to satisfy any requirement of this subsection shall constitute grounds for denial of the certificate.”

Adopted

Rejected