HB 4481 — WV Load Forecast Accountability Act

HB4481 S EIM AMTAM 3-10Kraus3-9Kraus  7502 The Committee on Energy, Industry, and Mining moved to amend the bill by striking out theeverything titleafter andthe substitutingenacting thereforclause aand newinserting title,in tolieu readthereof asthe follows:Eng.following:

Com.ARTICLE 2J.

Sub.ELECTRIC LOAD FORECAST ACCOUNTABILITY ACT.

for  House§24-2J-1. Bill 4481—A Bill to amend the Code of West Virginia, 1931, as amended by adding two new articles, designated §24-2J-1, §24-2J-2, §24-2J-3, §24-2J-4, §24-2J-5, §24-2J-6, §24-9-1, §24-9-2, §24-9-3, §24-9-4, §24-9-5,  §24-9-6, §24-9-7, §24-9-8, §24-9-9, and §24-9-10, all relating to generation of electricity;

creatingShort thetitle. Electric Load Forecast Accountability Act and the West Virginia First Energy Act;

providing This shortarticle titles,is findings,and purposes,may andbe definitions;cited as the "Electric Load Forecast Accountability Act".

providing  oversight§24-2J-2. and reporting by the Public Service Commission concerning electric load forecasting;

providingLegislative accessfindings to and protectionspurpose. from disclosure of confidential documents;

requiring (a) certainThe reportingLegislature finds that:(1) Recent reports by PJM Interconnection, LLC have highlighted that electricity demand across the PJM footprint, including West Virginia, is projected to grow due to data centers, electrification of vehicles and definingbuildings, certainand reportother contents;large load additions;(2) PJM relies upon estimates submitted by utilities and other companies across its system to estimate future electricity needs, which have associated costs;(3) Accurate load forecasting ensures adequate electric supply and protects West Virginia consumers from unnecessary costs caused by electrical resource mismanagement;

creatingand(4) aThe sunsetcurrent date;process by which entities submit load estimates to PJM, requires confidence and transparency so policymakers, regulators, and stakeholders can make the best possible decisions.(b) The purpose of this article is to provide the Public Service Commission of West Virginia the authority and responsibility, in accordance with its existing powers under §24-1-1 et seq.

settingof certainthis minimumcode, operationalto:(1) utilizationReview goaland forvalidate coal-firedload generationforecasts submitted by West Virginia utilities and providingother incentivescompanies forto attainment;PJM;(2) Coordinate with PJM and other states to ensure accurate planning and prevent duplicative counting of projects;

providingand(3) certainAccess protectionsall againstrelevant prematureand terminationnecessary ofmaterials, certainincluding electricconfidential generatingagreements facilitiesnecessary andto placingmaintain limitationeffective onoversight. announcements of such termination;

restricting(c) certainAs recoupmentused ofin certainthis expenditureschapter, associated“PMJ” withmeans certainthe intermittent-generationPJM resources;Interconnection, LLC regional transmission organization.  §24-2J-3.

requiringOversight certain utilities to include in their integrated resource plans an analysis of coalload andforecasting. natural-gas utilization, maintenance, and life-extension;

directing(a) useThe Public Service Commission shall, pursuant to its authority under this code, investigate methodologies, data, and assumptions used to develop load forecasts submitted to the commission and to PJM.(b) As part of moneysthe ininvestigation, the Electriccommission Gridshall:(1) StabilizationReview all materials, data sets, and Securityfilings Fund;provided by utilities to the commission and to PJM which concern load forecasting, as authorized by §24-1-1 et seq.

requiringof certainthis coordinationcode;(2) betweenEvaluate Publicthe Serviceaccuracy, Commissionconsistency, and Publictransparency Energyof Authority;forecasting methods and assumptions;(3) Review and audit specific load interconnection requests filed with PJM to ensure that only those projects that have a high likelihood of being developed are included in load forecasts.

expandingAs powers,part duties,of andthis responsibilitiesevaluation, the commission shall consider financial commitments of Publicthe Energyinterconnecting Authority;customer for its project and milestones such as executed agreements or deposits;(4) Coordinate directly with PJM to ensure that West Virginia’s utility forecasts are incorporated into PJM’s regional planning on a fair, accurate, and non-duplicative basis;

providingand(5) certainWork oversightjointly ofwith PJM marketand participationother state utility commissions or entities within the PJM footprint to ensure that new large loads and resourcecustomer planning;contracts are not incorrectly counted across jurisdictions and recommend policies and legal changes to improve load forecasting.  §24-2J-4.

requiringConfidentiality. certain electric utilities to perform operational analysis and maintain operational plan;

providing (a) operationalThe planPublic criteria;Service Commission may review and access any contracts, agreements, or commitments between interconnecting customers, prospective customers, and West Virginia utilities that impact load forecasting assumptions.(b) Electric utilities shall provide the contracts, agreements, or commitments contemplated by this section to the commission upon request, subject to appropriate confidentiality protections.

providingThis certainsection Publicdoes Servicenot Commissionaffect any non-disclosure agreement between a utility and Publican Energyexisting Authorityor oversightperspective customer that prohibits disclosures without the customer’s consent.(c) Notwithstanding any provision of operationalthis plans;code to the contrary, including the West Virginia Freedom of Information Act, individual customer data obtained by the commission from a utility or directly from a customer is confidential and exempt from public disclosure.

requiringThis certainexemption electricapplies utilitiesto data of the individual customers or potential customers pertaining to maintainbusiness minimumplans, supplyfacility locations, capacity and energy requirements, and timing of certainthe resources;need for such requirements.

andThe requiringcommission certainshall orders,protect directives,such anddata requirementsfrom topublic implementdisclosure without the act.    AdoptedRejectedneed for hearings or public input regarding the lawfulness of protecting the data from public disclosure.

This exemption applies to individual customer plans and data provided to the commission directly by the customer or acquired, estimated, modeled, or developed by a utility and provided to the commission.(d) The commission may aggregate data limited to capacity and energy requirements and make the aggregate data public, provided that it is determined solely by the commission in its discretion and without the need to conduct any hearing, that the aggregated data includes a sufficiently large and diverse sample of customers, and that a knowledgeable person, using publicly available information or reasonable analytical methods, could not infer, reconstruct, nor approximate the capacity of energy requirement or other protected information of any individual customer.  §24-2J-5.

Reporting.

 (a) The Public Service Commission shall compile and publish on its website a written report on or before December 31, 2026, and annually thereafter, concerning the implementation of this article and its findings, progress, and recommendations.(b) The report shall describe:(1) The commission’s efforts to implement this article during the prior year;(2) Findings from its review of load forecasting processes and materials submitted by West Virginia utilities to PJM, including any identified inaccuracies or recommendations for utility improvements;(3) Any coordination undertaken with PJM and other states to prevent duplicative counting of projects and customer contracts;(4) Recommendations for legislative or regulatory changes to further improve load forecasting oversight and reliability;

and(5) Any other information determined by the commission to be relevant to adopting sound public policy concerning electrical resource planning.  §24-2J-6.

Sunset date.

 The Electric Load Forecast Accountability Act established in this article shall sunset on December 31, 2031, unless sooner reenacted by the Legislature.

ARTICLE 9.

WEst Virginia First Energy Act.

  §24-9-1 West Virginia First Energy Act;

legislative findings;

purpose;

definitions.

(a) This article is and may be cited as the “West Virginia First Energy Act”.(b) The Legislature finds as follows:(1) Coal-fired and natural-gas-fired electric generation are essential to West Virginia’s reliability, affordability, and energy security;(2) For decades, West Virginia maintained some of the most stable electric rates in the nation due to the consistent use of in-state coal generation;(3) As the utilization of coal-fired generation has declined and greater dependence has developed on out-of-state and intermittent sources, West Virginia’s electric rates have become increasingly volatile, threatening both affordability and reliability;(4) United States President Donald J.

Trump issued Executive Order Numbers 14154 and 14156, declaring a National Energy Emergency, directing the federal government to unleash American energy production, and pledging to reverse federal initiatives and regulations that undermine domestic fossil energy, including coal, and to restore policies that support affordable, reliable energy production for American families and industry;(5) President Trump’s National Energy Emergency directives recognize that:(A) Coal, natural gas, and other domestic fossil energy resources are central to national security, grid reliability, and economic competitiveness;

and(B) West Virginia’s abundant coal and natural-gas resources provide the foundation of dispatchable generation needed to maintain year-round reliability, economic competitiveness, and protection from external market disruptions;(6) President Trump, through his National Energy Dominance Council and the federal Environmental Protection Agency, is revamping all policies and regulations impacting coal-fired electric generators so they can run more efficiently, for greater duration at optimum operation, and thus contribute more to West Virginia’s energy output, coal-related employment levels, and overall economic health;(7) In enacting House Bill 2014 (2025 Regular Session), the Legislature incorporated provisions in §24-2-19 of this code requiring in-state coal-fired electric generators to file revised integrated resource plans specifying the necessary plant upgrades and improvements so their plants can operate well beyond their scheduled retirement dates at higher operating capacity levels;(8) Matters generally related to homeland security and national defense are of paramount importance to West Virginia and its residents and coal-fired power plants provide optimal protection and resiliency toward state security and uninterrupted power supplies for household, industrial, and military applications;

and(9) In 2023, the Public Energy Authority was reactivated to provide needed assistance to the state’s coal and natural gas industries and coal-based electric generation but has not been given the proper support and resources to achieve its purpose, intent, and desired results.(c) The purpose of this article is to:(1) Restore electric rate stability through the continued utilization of in-state coal generation;(2) Preserve employment and investment in West Virginia’s coal and natural gas industries;(3) Coordinate with the Electric Grid Stabilization and Security Fund to sustain dependable baseload and mid-load generation capacity statewide;

and(4) Empower the Public Energy Authority to collect and assemble real-time knowledge of in-state electric-generating facilities, their continuous output of power, and the upgrades completed or planned for plants to achieve a higher capacity factor and optimum performance;