COMMITTEE SUBSTITUTE

FOR

H. B. 2177
(By Delegates McKinley and Trump)


(Originating in the House Committee on the Judiciary)


[March 2, 1993]


A BILL to amend article two, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seventeen, all relating to the public service commission promulgating rules to effect electric utilities; providing a plan for identifying persons needing special services during power outages; providing notification of planned outages and developing procedures to restore services to those persons on life support systems; and defining the term life support system.

 Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seventeen, to read as follows:
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.

§24-2-17. Registry of electric customers on life support systems; notification prior to scheduled outages;
priority of service restoration; limitation of liability; life support defined.
(a) In addition to all other powers and duties conferred upon the commission by this chapter, the commission shall promulgate rules and regulations establishing requirements for electric utilities in this state for purposes of accomplishing the following:
(1) Identifying and maintaining a registry of persons that are dependent upon life support systems which require electric service to function, and updating that registry at least twice annually;
(2) Providing adequate notice of planned power outages to each residence in the registry; and
(3) Organizing service restoration so that priority is given to residences listed in the registry.
(b) An electric utility that complies with the rules promulgated in accordance with this section is not liable for any damages in a civil action for any injuries or deaths arising from any act or omission resulting from the electric utility's compliance with the rules of the public service commission promulgated in accordance with this section.
(c) Nothing in this section shall be construed as requiring an electric utility to provide back-up life support to any customers.
(d) For purposes of this section, the term "life support system" means a kidney dialysis machine, mechanical ventilation device or other medical device, the use of which is prescribed by a licensed physician and is certified by such in writing to theelectric utility as necessary to sustain critical body functions and without which a person is in imminent risk of death.