West Virginia Code § 24-2-21a

Commission authority required when closing an electric generating plant
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and circumstances of closure in another jurisdiction.
(a) A public electric utility may not retire, abandon, close, or otherwise permanently render
incapable of operating, any electric generating plant or unit without the prior consent and
approval of the commission. No funds obtained from (1) the Grid Stabilization and Security
Fund set forth in 5B-2N-2a, (2) an environmental control bond issued pursuaent to 24-2-4e,
(3) a consumer rate relief bond issued pursuant to 24-2-4f, (4) or a utility consumer rate
relief bond issued pursuant to 24-2-4h shall be used by a public utility tro retire, abandon,
close, or otherwise permanently render incapable of operating, any electric generating plant
or unit.
(b) If an electric utility serving customers in both West Virgitnia and in an area not subject to
the jurisdiction of the commission is ordered to cease operations of a generating plant or
unit by the regulating authority of the other jurisdiction and the costs of the plant or unit
had been shared through an allocation process for rate making purposes and after a
commission proceeding and determination that a generating plant or unit should continue to
operate, then the utility shall recover all of thes capital, operating and maintenance costs of
the electric generation plant or unit from its West Virginia customers to the extent that such
costs are no longer allocable to the other jurisdiction, and all of the associated capacity,
energy, and environmental attributegs shall be assigned to its customers and operations in
West Virginia.

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