Articles Posted in Supreme Court of Appeals of West Virginia

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The Supreme Court affirmed the order of the West Virginia Public Service Commission (PSC) finding that it did not have statutory jurisdiction to consider Petitioner’s complaint challenging the Greater Harrison County Public Service District’s (the District) rate increase, holding that the District was not subject to the PSC’s jurisdiction with regard to ratemaking authority. In 2015, the Legislature adopted deregulation measures to limit the PSC’s jurisdiction and to exempt larger public service districts from the requirement that the district obtain approval from he PSC before changing the rates it charged for water or sewer service. After 2015, larger public service districts, statutory defined as having at least 4,500 customers, were only required to obtain approval of a rate change from a local elected body. After the Harrison County Commission approved a rate increase sought by the District, Petitioner, a District customer, brought suit arguing that the PSC had jurisdiction because the District did not have at least 4,500 customers. The PSC found that the District provided service to at least 4,500 customers, and thus, it did not have jurisdiction to examine the District’s rate increase. The Supreme Court affirmed. View "Pool v. Greater Harrison County Public Service District" on Justia Law

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The Supreme Court affirmed the order of the Public Service Commission finding that the Jefferson County Public Service District may “indefinitely delay” a project to upgrade its sewer service, holding that the Commission did not exceed its authority or make factual findings that were not supported by adequate evidence and that the substantive result of the Commission’s order was not improper. The Supreme Court may reserve an order of the Commission when it exceeded its authority, it made factual findings that were not supported by adequate evidence, and the substantive result of the order was not proper. In affirming the Commission’s order, the Court held that, under the facts of this case, none of these three situations applied. View "Jefferson County Citizens for Economic Preservation v. Public Service Commission of West Virginia" on Justia Law