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West Virginia Certificate of Public Convenience and Necessity (8-WV-c)

Information current as of 2024
In West Virginia, a public utility (developer) may need a Certificate of Public Convenience and Necessity (Certificate) from the West Virginia Public Service Commission (PSC) before constructing a high voltage transmission line over 200 kilovolts. W. VA. Code §24-2-11a(a)). The PSC has authority to regulate all public utilities. W. VA. Code §24-2-2(a). A public utility is defined, in part, as any person or corporation engaged in any business considered a public service. W. VA. Code §24-1-2. Public service is described as, in part, “generation and transmission of electrical energy by hydroelectric or other utilities for service to the public, whether directly or through a distributing utility. . . .” W. VA. Code §24-2-1.



Certificate of Public Convenience and Necessity Process


8-WV-c.1 — Application for Certificate of Public Convenience and Necessity

The public utility (developer) must submit an Application for a Certificate of Public Convenience and Necessity (Application) to the PSC. The Application must include:

  • A description of the location and type of proposed transmission line facilities;
  • A statement describing the need for the facilities; and
  • A statement of the potential environmental impact of the transmission line and facilities.

W. VA. Code §24-2-11a(b). The PSC issues Certificates pursuant to W. VA. Code §24-2-2, and W. VA. Code §24-2-11a

8-WV-c.2 to 8-WV-c.3 — Review Application Materials for Completeness

The PSC must review the Application for technical and administrative completeness.

8-WV-c.4 to 8-WV-c.9 — Publish Public Notice

The public utility (developer) must publish public notice of the Application and serve notice of the Application, by certified mail, to all surface land owners within the proposed transmission line corridor. Any interested party has 15 days from the date of notice of Application to request a hearing with the PSC. The PSC must set a hearing date within 60 days if an interested party requests a hearing. The public utility (developer) must publish public notice of the hearing. W. VA. Code §24-2-11a(c).

8-WV-c. 10 to 8-WV-c.11— Review Application Materials for Approval

The PSC must review the Application for approval. The PSC must find the proposed transmission line:

  • Will be reliable, economical, and contribute to the present and future electricity demands;
  • Will be in the best interest of the public; and
  • Will balance electricity needs and environmental concerns.

W. VA. Code §24-2-11a(d). If no hearing is held, the PSC may issue a Certificate within 60 days of receiving the Application. If a hearing is held, the PSC may issue a Certificate within 90 days of hearing oral arguments or receiving briefs. W. VA. Code §24-2-11a(d).

8-WV-c. 12 — Certificate of Public Convenience and Necessity

The public utility (developer) must comply with any restrictions on the Certificate. W. VA. Code §24-2-11a(e).

8-WV-c.13 — Appeal Decision (Optional)

Any party may appeal a decision by a West Virginia agency to the West Virginia Supreme Court of Appeals. W. VA. Code §29A-6-1.


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Edit West Virginia Public Service Commission
Utilities Division Director's Office 304-340-0378 Visit Website

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