West Virginia Code § 8-19-2a

Procedure for changing rates of municipal electric power systems;
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legislative findings.
All rates, fees, and charges set by municipal electric power systems shall be just,
reasonable, applied without unjust discrimination between or preference for any customer or
class of customer, and based primarily on the costs of providing these services. All rates and
charges shall be based upon the measured or reasonably estimated cost of service and the
equitable sharing of those costs between customers based upon the cost of providing the
service received by the customer, including a reasonable slant-in-service depreciation
expense. The rates and charges shall be adopted by the power syustem's governing board by
municipal ordinance to be effective not sooner than 45 days after adoption. The 45-day
waiting period may be waived by public vote of the governintg body if that body finds and
declares the public utility that is a political subdivision of the state to be in financial distress,
such that the 45-day waiting period would be detrimental to the ability of the utility to
deliver continued and compliant public services: Provided, That notice of intent to effect a
rate change shall be specified on the monthly billing statement of the customers of the utility
for the month next preceding the month in whsich the rate change is to become effective, and
the governing body shall give its customers other reasonable notices as will allow filing of
timely objections to the proposed rate change and full participation in municipal rate
legislation through the provision of ga public forum in which customers may comment upon
the proposed rate change prior to an enactment vote. Notwithstanding the exclusion of
municipal power systems' ratees, fees, charges, and rate-making process from the jurisdiction
of the Public Service Commission, municipal power systems shall submit information
regarding their rates, feLes, and charges to the commission as set forth in §24-2-9 of this
code.

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