The West Virginians for Energy Freedom coalition welcomes changes addressing electricity affordability concerns, urges Legislature to keep ratepayers first
CHARLESTON, W.Va. – The West Virginians for Energy Freedom coalition (WV4EF) welcomed significant revisions to proposed power generation rules issued by the West Virginia Public Service Commission (PSC) on October 15. The changes address many of the concerns raised by ratepayers, consumer advocates, utilities, and other stakeholders about provisions that could have increased electricity costs for West Virginia households and businesses.
The Commission issued an order revising proposed rules implementing House Bill 2014, the Power Generation and Consumption Act, and submitted them to the Legislature for approval. The legislation directs the Commission to oversee electric generating capacity and encourage the use of existing power plants when doing so benefits West Virginia ratepayers. However, the initial proposed rules raised concerns that utilities could be encouraged to operate coal-fired power plants even when less expensive electricity was available through the regional power market, potentially increasing customers' electric bills.
"While we expect to have suggestions for the Legislature as it reviews these rules, from a ratepayer perspective, the final rules are much improved from the initial draft," said Emmett Pepper, policy director at Energy Efficient West Virginia, a coalition partner of West Virginians for Energy Freedom. "Nearly all parties raised similar ratepayer impact concerns and this draft addresses many of those concerns."
During the public comment process, West Virginians for Energy Freedom members and other stakeholders urged the Commission to ensure that protecting ratepayers remained the priority. Concerns focused on language suggesting that power plants should operate at a minimum 69 percent capacity factor, provisions encouraging utilities to self-schedule electricity generation regardless of market prices, and reporting requirements that could create unnecessary costs.
Many of these concerns were shared by utilities, consumer advocates, and other participants. Members of the public also raised concerns and participated in the September 28th hearing and the rule-making process at-large. More than 170 West Virginians submitted comments to the Public Service Commission through WV4EF.
The Commission's revised rules address several of the issues raised by more closely following the legislative intent that the 69 percent capacity factor is not a mandatory operating requirement. Provisions relating to self-scheduling were also revised. These changes are more in line with the principle that utilities should make electricity generation decisions based on economic considerations and the interests of customers, rather than operating power plants simply to meet a predetermined target.
"West Virginians are already struggling with some of the highest electricity burdens in the country, and they cannot afford policies that put additional costs on their monthly bills," said Caity Coyne, Coalition Manager for West Virginians for Energy Freedom. "We appreciate that the Commission listened to the concerns raised by residents and organizations across the state. As these rules move to the Legislature, we urge lawmakers to put ratepayers first. Every decision about how we generate electricity should begin with a simple question: Will this help keep electricity affordable for West Virginia families?"
WV4EF members emphasized that the revisions demonstrate the importance of public participation in decisions affecting electricity rates. Throughout the rulemaking process, residents shared their concerns about rising utility bills and the need for greater accountability in decisions that ultimately affect what customers pay. While the proposed rules are now in hand, organizers and concerned West Virginians understand that the work needed to ensure ratepayer protections remain at the center of the decision-making process is far from over.
"While these proposed rules for implementing HB 2014 address some of the concerns shared by Moms Clean Air Force, West Virginians for Energy Freedom, and our partners, they do not go far enough. West Virginian families need the PSC to protect our communities from unnecessary power generation costs while considering the increased exposure to harmful pollution from utility-owned fossil fuel power generation,” said Lani Wean, the West Virginia Field Organizer for Moms Clean Air Force and one of the speakers at the Sept. 28 public hearing.
“The West Virginia Legislature must take this rulemaking a step further and ensure transparency between our regulatory bodies, utility companies, and ratepayers. The PSC and elected officials are bound by duty to listen to the West Virginians who pay these bills,” Wean continued. “Moms Clean Air Force urges West Virginia legislators to prioritize the public health of our communities and affordable utility costs over catering to corporate interests."
While the revised rules represent meaningful progress, legislative review provides another opportunity to strengthen protections for consumers. WV4EF members and its partners will continue evaluating and monitoring the proposed regulations and advocating for policies that prioritize affordability, transparency, and responsible utility decision-making.
"Ratepayers deserve a meaningful voice in decisions that affect their electricity bills," Coyne added. "This process shows why that voice matters, and why we must continue working to ensure West Virginia's energy policies serve the people who pay the bills."

