Senate 1041

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 1041

By Senators Rose, Helton, M. Maynard, Rucker and Tarr

[Introduced February 21, 2026; referred
to the Committee on Energy, Industry, and Mining; and then to the Committee on Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §24-2J-1, §24-2J-2, §24-2J-3, §24-2J-4, §24-2J-5, and §24-2J-6, relating to the Energy Economic Load Dispatch Act; providing a short title; and providing operational impact standards for the Public Service Commission when reviewing for certificates of public convenience and necessity, integrated resource planning, retail rate recovery and prudence reviews, and certification, siting, and permitting authority.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2J. ENERGY ECONOMIC LOAD DISPATCH ACT.

§24-2J-1. Short title.

This article shall be known and cited as the "Energy Economic Load Dispatch Act".

§24-2J-2. Certificates of public convenience and necessity.

(a) West Virginia Code §24-2-11 requires a utility to obtain a certificate of public convenience and necessity from the Public Service Commission before constructing electric generation facilities. Pursuant to §24-2-11(a) of this code, a new legal requirement to satisfy the existing processes is necessary to create compliance with the True Cost Economic Load Dispatch, a condition for:

(1) Receiving a certificate of public convenience and necessity;

(2) Retaining a certificate of public convenience and necessity;

(3) Receiving siting approval; and

(4) Expanding or modifying a generating facility.

(b) This requirement shall also provide the Public Service Commission explicit authority to condition, suspend, or revoke certificates for failure to comply with this article.

§24-2J-3. Integrated resource planning.

(a) West Virginia Code §24-2-19 requires electric utilities to prepare integrated resource plans for submission to the Public Service Commission for review. These plans analyze future electric supply, demand, and resource choices. Pursuant to §24-2-19 of this code, when reviewing integrated resource plans, the Public Service Commission shall require the utility company to include:

(1) Resource adequacy planning;

(2) Reliability planning; and

(3) Integrated resource plans, including subsidies and externalities.

(b) This requirement shall provide the Public Service Commission with a statutory planning standard when reviewing integrated resource plans.

§24-2J-4. Retail rate recovery & prudence reviews.

(a) Under Chapter 24 of this code, the Public Service Commission has sole discretion as to whether utility costs were prudently incurred before allowing those costs to be recovered from ratepayers. This happens in:

(1) General rate cases;

(2) Fuel adjustment cases; and

(3) Prudence reviews tied to major projects.

(b) Pursuant to Chapter 24 of this code, a new statutory presumption shall be implemented which provides that if a utility relies on dispatch or planning decisions that do not comply with True Cost Economic Load Dispatch, those costs are presumed imprudent and cannot be recovered from customers.

§24-2J-5. Public Service Commission certification, siting, and permitting authority.

The article shall impact on how the Public Service Commission exercises authority under existing siting and certification laws by:

(1) Requiring compliance with §22-2-1 et seq. of this code a prerequisite for approvals;

(2) Requiring the Public Service Commission to deny or condition approvals if utilities rely on non-compliant regional transmission organization dispatch outcomes; and

(3) Requiring alternative state-approved analyses when regional transmission organizations fail to provide data.

§24-2J-6. Operational impact.

The Public Service Commission shall implement this act when utilizing decision-making authority under Chapter 24 of this code.

NOTE: The purpose of this bill is to create the Energy Economic Load Dispatch Act.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.