HB4012 HFA Street and Zatezalo 2-10 #1

Akers 3254

Delegates Street and Zatezalo moved to amend the bill 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 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 roughly commensurate with the benefits that will be received by such ratepayers; and

(B) No portion of the cost of construction, operation, or maintenance shall be recovered from West Virginia load serving entities and ratepayers unless such costs are at least roughly commensurate to the benefits to such ratepayers; and

(C) The applicant commits and agrees that as a condition of the Certificate, it shall, upon receipt of a valid and approved request to serve West Virginia retail load at its sole expense, design, construct, and place in service the off-take facilities reasonably necessary to provide such service within a reasonable timeframe.

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

Adopted

Rejected