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West Virginia Supreme Court Upholds Fuel Cost Case Decision, Returns Case to PSC For Review

 

 

November 15, 2024 - The West Virginia Supreme Court has upheld a decision from the Public Service Commission to deny two power companies of more than $230 million in a fuel cost case and returned the case to commissioners for further review.


In January, regulators approved $321.1 million in a $552.9 million rate increase request by Appalachian and Wheeling Power, according to a news release from the PSC.


The news release said the power companies appealed the decision and the high court found the companies didn’t manage operations in a “reasonable, prudent and efficient manner.”


The court has returned the case to the Public Service Commission for further review of coal reports, stating the companies had been deiced due process rights:


To be clear, the court takes no position as to whether the commission’s use and matter of use of the coal reports were appropriate. Rather, our concern is that basic concepts of fundamental fairness dictated the petitioners should have been grated notice and an opportunity to be heard of this evidence.