West Virginia Code § 24-2D-3

Limitation on commission jurisdiction over sales by nonutilities of
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alternative fuel for certain purposes, limitations on jurisdiction for temporary
electric charging of alternative fuel motor vehicles.
(a) Notwithstanding any provision of this chapter to the contrary, the Public Service
Commission shall have no jurisdiction over the ultimate sale by nonutilities of alternative
fuel to be utilized solely as fuel for motor vehicles. e
(b) Notwithstanding any provision of this chapter to the contrary, persons or entities
generating electricity for retail sale for alternative fuel vehicles at temporary electric
charging locations using movable generators are not public utilituies and the Public Service
Commission shall have no jurisdiction thereover: Provided, That the temporary electric
charging locations are: (1) at fairs, festivals, and other specital events; (2) at locations where
the electric distribution grid has been adversely effected by emergencies or disasters,
natural or otherwise; or (3) at locations which facilitate evacuations from such emergencies
or disasters, impending or otherwise.

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