Justia West Virginia Supreme Court of Appeals Opinion Summaries

Petitioners, the Public Service Commission of West Virginia and the Wetzel County Solid Waste Authority, sought to compel Respondents, Lackawanna Transport Company and Solid Waste Services, Inc., to comply with an order entered by the Public Service Commission requiring them to produce certain information and financial records pertinent to an ongoing investigation concerning the Wetzel County Landfill. The Supreme Court granted the requested writ of mandamus, holding (1) a writ of mandamus is appropriate in this case, as Respondents were legally required to produce the requested information; and (2) while arguably there was another remedy available in this instance through the circuit court, that remedy was not adequate given the unique circumstances given here. View "State ex rel. Pub. Serv. Comm'n v. Lackawann Transp. Co." on Justia Law

Ruling on a joint petition for declaratory order filed by Monongahela Power Company and Potomac Edison Company ("The Utilities"), The Public Service Commission of West Virginia held that the alternative and renewable energy resource credits attributable to energy purchases by the Utilities from Morgantown Energy Associates (MEA) and the City of New Martinsville ("the Generators"), were owned by the Utilities during the terms of electric energy purchase agreements between the entities. On appeal, the Generators contended that the Commission erred in its ruling and that the energy resource credits were owned by them. The Supreme Court affirmed, holding (1) the Commission did not err in finding the credits at issue were owned by the Utilities; and (2) the Commission did not err in holding that it would deem MEA's Morgantown project as a certified facility under the Alternative and Renewable Energy Portfolio Act upon the submission of sufficient evidence by the Utilities. View "City of New Martinsville v. Pub. Serv. Comm'n " on Justia Law

Petitioner Jefferson Utilities, Inc. (JUI), a privately-held public utility authorized to provide water service to several areas of Jefferson County, filed a request with the Public Service Commission of West Virginia for a rate increase of approximately 72.2 percent. The ALJ recommended a rate increase of 22.4 percent, and the Commission reduced the rate increase recommended by the ALJ to 4.4 percent. JUI appealed, contending that the Commission erred by rejecting the recommended decision of the ALJ regarding the rate increase. The Supreme Court affirmed, holding that although the evidence in this case was controverted, it was clear that the Commission's decision was not arbitrary, did not result from a misapplication of legal principles, and was supported by substantial evidence in the record. View "Jefferson Utils., Inc. v. Pub. Serv. Comm'n of W. Va." on Justia Law