West Virginia State Capitol in Charleston
West Virginia State Capitol in Charleston

PSC initiates review of siting certificate rules

CHARLESTON, W.Va. – The Public Service Commission of West Virginia has opened a General Investigation regarding the Commission’s Rules Governing Siting Certificates for Exempt Wholesale Generators and has invited interested parties to comment on improvements to these rules. 

Interested parties are to file comments and/or proposed rules by April 30, 2019, and reply comments by May 31, 2019.

The commission will solicit input on this matter from gas and electric utilities operating in West Virginia, current exempt wholesale generation operators in West Virginia, the Consumer Advocate of the Commission and from the general public. 

In the recent ESC Brooke County Power I, LLC siting certificate case appeal to the West Virginia Supreme Court of Appeals, an issue arose regarding the value of a hypothetical tax calculation required by the current Rules in determining if agreements abating taxes offend the public interest. 

Although the Supreme Court upheld the Commission’s decision, it indicated the Commission should amend the Siting Certificate Rules to eliminate the requirement of a hypothetical tax calculation.  In light of that, the Commission has determined that the Siting Certificate Rules as a whole should be examined.

Additional information is available on the Commission website: www.psc.state.wv.us by referencing Case No. 19-0311-EG-GI.

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