§24-2F-7. Cost recovery and rate incentives for electric utility
investment in alternative and renewable energy
(a) An electric utility shall have the right to recover the
costs of complying with the alternative and renewable energy
portfolio standards set forth in this article in a manner
prescribed by the commission. Although the commission may approve
costs that exceed the costs of current utility generation or
purchased power, the electric utility has the burden to demonstrate
that the costs are reasonable and represent the least cost of
compliance. Notwithstanding any provision of this code to the
contrary, an electric utility may not recover in rates the costs of
compliance assessments imposed under this article.
(b) Upon a finding that it is in the public interest of this
state, as provided in section one, article one of this chapter, the
commission may authorize incentive rate-making allowances for
electric utility investment in the construction of new alternative
or renewable energy resource facilities in West Virginia to
encourage investments in the use and development of alternative or
renewable energy resource facilities.
(c) The commission shall determine, at such time and in such
proceeding, form and manner as is considered appropriate by the
commission, the extent to which any electric utility investment
qualifies for the incentive rate making pursuant to this section.