West Virginia Code § 24-2-15

Certain Automatic adjustment clauses, price indexes or fuel adjustment
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The commission shall not enforce, originate, continue, establish, change or otherwise
authorize or permit an increase in the charge or charges for electric energy over and above
the established and published tariff, rate, joint rate, charge, toll or schedule as the result of
any automatic adjustment clause, fuel supply price index, or fuel adjustment clause.
Automatic adjustment clauses, fuel supply contract price indexes, or fuel adejustment clauses
that do not create a net increase in the charge or charges for electric energy over and above
the established and published tariff, rate, joint rate, charge, toll, or schredule shall be
permitted by the commission. For purposes of this section, a "net increase" in the charge or
charges for electric service shall mean that for the calendar year in which the automatic
adjustment clause, fuel supply contract price index, or fuel adjustment clause is utilized, the
average charge or charges for electric energy are higher thatn they would have been if the
adjustment clause, fuel supply contract price index, or fuel adjustment clause were not
utilized. The commission shall encourage the use of permitted automatic adjustment clauses,
fuel supply contract price indexes, or fuel adjustment clauses as a means of increasing the
generation of coal-fired power plants within the state. The Commission shall promulgate
procedural rules governing the utilization of automatic adjustment clauses, fuel supply
contract price indexes, and fuel adjustment clauses.

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