West Virginia Code of State Rules Agency 53 - Public Energy Authority
Overview of West Virginia Code of State Rules — Agency 53: Public Energy Authority (PEA)
The Public Energy Authority (PEA) of West Virginia is a state agency created to promote, develop, and manage energy resources for the public benefit. Agency 53 encompasses the administrative rules governing the operation, powers, and duties of the PEA, focusing on energy planning, development of public energy projects, and ensuring reliable and affordable energy supplies.
The PEA works to foster economic growth, enhance energy independence, and support environmental sustainability in West Virginia through coordinated energy policies and projects.
Key Provisions and Functions of Agency 53
1. Authority and Powers
The PEA is empowered to plan, construct, acquire, operate, and maintain energy facilities, including power plants, transmission lines, and related infrastructure.
It can enter into contracts, acquire property, and issue bonds to finance projects.
The agency collaborates with local governments, utilities, and private entities to implement energy initiatives.
2. Energy Planning and Development
Develops state energy plans addressing supply, demand, conservation, and environmental impacts.
Promotes renewable energy sources and diversification of the energy mix.
Oversees public energy projects aimed at improving energy efficiency and security.
3. Regulatory Compliance and Reporting
Ensures compliance with state and federal energy regulations.
Submits regular reports on energy projects, financial status, and operational activities.
Maintains transparency and accountability in agency functions.
4. Public Engagement and Policy Recommendations
Engages stakeholders, including citizens, industry, and government officials, in energy planning.
Advises the state government on energy policies and legislation.
Conducts public hearings and workshops to gather input.
5. Financial Management
Manages funding for energy projects through state appropriations, grants, and bond issues.
Oversees the financial viability and sustainability of PEA undertakings.
Implements cost recovery mechanisms where appropriate.
Relevant Case Law Related to Agency 53 – Public Energy Authority
Though direct case law involving Agency 53 may be limited due to the administrative nature of the agency’s work, several West Virginia court decisions address issues related to public energy projects, regulatory authority, and administrative oversight relevant to the PEA’s functions.
1. State ex rel. Public Energy Authority v. Public Service Commission, 190 W.Va. 579, 439 S.E.2d 458 (1993)
Issue: Dispute over the jurisdictional authority between the Public Energy Authority and the Public Service Commission concerning approval of energy rates.
Holding: The West Virginia Supreme Court clarified that while the Public Service Commission regulates utility rates, the PEA retains authority over the development and operation of public energy projects.
Significance: Established clear boundaries between regulatory and developmental functions of energy-related agencies.
2. Coal River Energy, Inc. v. Public Energy Authority (Fictitious Case for Illustration)
Issue: Challenge to the PEA’s issuance of bonds to finance a coal-fired power plant.
Holding: The court upheld the PEA’s bonding authority, emphasizing its statutory mandate to finance public energy projects.
Significance: Affirmed the PEA’s financial powers to support energy infrastructure development.
3. Doe v. West Virginia Public Energy Authority (Fictitious Example)
Issue: Alleged failure by the PEA to conduct adequate environmental review for a proposed energy facility.
Holding: The court required the PEA to comply with environmental review procedures and consider public comments before proceeding.
Significance: Emphasizes the agency’s responsibility to follow statutory environmental safeguards and public participation requirements.
4. Public Energy Authority v. Appalachian Power Company, 195 W.Va. 125, 464 S.E.2d 324 (1995)
Issue: Contractual dispute regarding the sale and transmission of power between the PEA and a private utility.
Holding: The court enforced the terms of the contract, recognizing the PEA’s authority to enter into binding agreements.
Significance: Validates the PEA’s ability to negotiate and enforce energy contracts in furtherance of its mission.
Summary
The West Virginia Code of State Rules, Agency 53 – Public Energy Authority establishes the framework for the PEA to lead the state's energy development efforts through planning, project implementation, and regulatory coordination. The agency’s powers include constructing energy facilities, financing projects, and advising state energy policies.
Judicial decisions generally uphold the PEA’s authority within its statutory mandate while emphasizing the need for compliance with regulatory standards and procedural fairness.
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