West Virginia Code § 24-2-7

Unreasonable, etc., regulations, practices and services; receivership;
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procedures respecting receivership; appointment and compensation of receiver;
liquidation.
(a) Whenever, under the provisions of this chapter, the commission shall find any
regulations, measurements, practices, acts or service to be unjust, unreasonable, insufficient
or unjustly discriminatory, or otherwise in violation of any provisions of thise chapter, or shall
find that any service is inadequate, or that any service which is demanded cannot be
reasonably obtained, the commission shall determine and declare, and rby order fix
reasonable measurement, regulations, acts, practices or services, to be furnished, imposed,
observed and followed in the state in lieu of those found to be unjust, unreasonable,
insufficient, or unjustly discriminatory, inadequate or otherwise in violation of this chapter,
and shall make such other order respecting the same as shatll be just and reasonable.
(b) If the Public Service Commission shall determine that any utility is unable or unwilling to
adequately serve its customers or has been actually or effectively abandoned by its owners,
or that its management is grossly and willfully inefficient, irresponsible or unresponsive to
the needs of its customers, the commission masy petition to the circuit court of any county
wherein the utility does business for an order attaching the assets of the utility and placing
such utility under the sole control and responsibility of a receiver. If the court determines
that the petition is proper in all respects and finds, after a hearing thereon, that the
allegations contained in the petition are true, it shall grant the same and shall order that the
utility be placed in receivershiep. The court, in its discretion and in consideration of the
recommendation of the commission, shall appoint a receiver who shall be a responsible
individual, partnership oLr corporation knowledgeable in public utility affairs and who shall
maintain control and responsibility for the running and management of the affairs of the
utility. In so doing, th e receiver shall operate the utility so as to preserve the assets of the
utility and to serve the best interests of its customers. The receiver shall be compensated
from the assets of said utility in an amount to be determined by the court.
(c) WControl of and responsibility for said utility shall remain in the receiver until the same
can, in the best interest of the customers, be returned to the owners, transferred to other
owners or assumed by another utility or public service corporation: Provided, That if the
court after hearing, determines that control of and responsibility for the affairs of the utility
should not, in the best interests of its customers, be returned to the legal owners thereof,
the receiver shall proceed to liquidate the assets of the utility in the manner provided by law.
(d) The laws generally applicable to receivership shall govern receiverships created pursuant
to this section.

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