H. C. R. 27
(By Delegates Amores, Staton, Johnson, Smirl,
Faircloth and Webb)
(Originating in the House Committee on the Judiciary)
[February 9, 2000]
Approving a deregulation plan submitted by the Public Service
Commission whereby users of electricity in the state would
have open access across existing and new utility delivery
systems to a competitive market for power supply.
Whereas, Enrolled Committee Substitute for H. B.
4277 passed by
the Legislature on March 14, 1998 (codified as W. Va.
Code §24-2-
18)
directed the Public Service Commission to determine whether it
is in the public interest for West Virginia to adopt a plan, known
as a deregulation plan, whereby users of electricity in the state
would have open access across existing and new utility delivery
systems to a competitive market for power supply; and
Whereas, In determining whether or not to make a finding of
public interest that West Virginia should adopt a deregulation plan
and in developing a deregulation plan, the Commission sought and
secured in the manner specified in W. Va. Code §24-2-18(a)(5) and
(6) and (b)(1) the involvement of, and consultation with, a wide
spectrum of interests in the state, including, but not limited to,
those interests designated "all interested parties" as specified in
W. Va. Code §24-218(a)(4); and
Whereas, The Commission as a consequence of the involvement of, and its consultation with, "all interested parties" and others,
made a finding that it is in the public interest for West Virginia
to adopt a deregulation plan and subsequently developed a
deregulation plan for submission to the Legislature for approval as
provided in W. Va. Code §24-2-18; and
Whereas, The Commission's deregulation plan, which included its
finding of public interest, is set forth in an order issued on
January 28, 2000, denominated Case No. 98-0452-E-GI, and was
submitted to each house of the Legislature on January 31, 2000, as
provided in W. Va. Code §24-2-18(c); and
Whereas, The deregulation plan submitted by the Commission to
the Legislature (a) includes the Commission's findings that the
deregulation plan fairly balances the interests of the electric
utilities, their customers, and the state's economy and that the
deregulation plan is consistent with the legislative findings set
forth in W. Va. Code §24-2-18(a)(6)(A)-(M); (b) prescribes
procedures and standards for the marketing of power supply in the
state; and (c) resolves all issues necessary to provide for an
orderly transition from the current regulated structure to a system
of direct retail access in a fully workable competitive power
supply market in a manner that is fair to customers, electric
utilities and other affected parties; and
Whereas, Concurrently with the submission of its deregulation
plan to the Legislature, the Commission issued a report to the
Governor, the President of the Senate and the Speaker of the House
of Delegates on the potential state or local tax consequences of
implementing the deregulation plan, along with recommendations for statutory changes, to the extent deemed necessary, to satisfy the
legislative findings in W. Va. Code §24-2-18(a)(6) and (7);
therefore, be it
Resolved by the Legislature of West Virginia:
That the deregulation plan embodied in the Commission's order
of January 31, 2000, denominated Case No. 98-0452-E-GI, and
submitted to the Legislature on January 31, 2000, is hereby
approved.