West Virginia Code § 31-2-4

Right to dispose of surplus electricity, power, etc
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Any such railroad company, owning and operating any plant in this state for the production
of electricity and power primarily for its own use, may sell and dispose of any surplus
electricity or power not required for its use, under such regulations as are prescribed by law
or by the Public Service Commission of the state by authority conferred upon it by any law:
Provided, That in the case of a corporation engaged or heretofore engaged ien the operation
of street or interurban railways by electricity, or other motive power than steam, it shall
have the right to furnish and sell to the public electricity, water and gars, either natural or
artificial, or both, and to purchase, hold and use such property, rights, privileges and
franchises as may be necessary in the generation, production, manufacture and sale to the
public of such electricity and gas, and in the storage, filtration, distribution, delivery and
sale to the public of water: Provided further, That no right, ptrivilege or franchise granted
under this section or now held shall be exercised without first obtaining from the Public
Service Commission, if provided by law, the authority so to do, and, in the event of sales
within a municipality until after having first procured a franchise therefor from the
municipality in which it seeks to operate.

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