W. Va. Code R. § 150-17-6

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-17-6 - CREATION, EXPANSION, MERGER, CONSOLIDATION, REDUCTION OR DISSOLUTION OF PUBLIC SERVICE" DISTRICTS

6.1 Upon entering an order_ or receipt of a petition proposing, the creation, expansion, merger, consolidation, reduction or dissolution of a public service district, pursuant to West Virginia Code § 16-13A-2, the county commission shall notify the Executive Secretary of the Public Service Commission of the time and place of the hearing to be held by the county commission and shall file- a copy with such order or petition with the Executive Secretary of the Public Service Commission at least ten (10) days prior to such hearing.

6.2 The county commission shall file an order creating, expanding, merging, consolidating, reducing or dissolving a public, service district with Executive Secretary of the Public Service Commission within ten days of entering such order. ...

6.3 A hearing" shall be held in the county affected by a county commission order filed pursuant to Rule 6.2. Such hearing may be waived if the county commission order is entered for the purpose of executing the county plan as required by West Virginia Code § 16-13A-lb and as finally adopted and approved by the Public Service Commission.

6.4 After public comment and hearing the. Public Service Commission shall, by order, approve, disapprove or modify a county commission order creating, expanding, merging, consolidating, reducing or dissolving a public service district. In deliberating on" approval, modification or disapproval the Public Service Commission may consider, among other things:

a. - Whether or not the county commission order is consistent with the county plan required by West Virginia Code § 16-13A-lb as approved by the Public Service Commission;

b. the public convenience and necessity;

c. the economic feasibility, including sources of funding, costs and related benefits of the county commission's order;

d. the adequacy of facilities;

e. other facilities in the area; and,

f. other possible alternatives.

W. Va. Code R. § 150-17-6