West Virginia 2026 Session Status: Introduced 1 R cosponsors

SB 48 — Relating to powers and duties of PSC

Last action — To Finance

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Relating to powers and duties of PSC

Bill Text

What changed in the latest version

159 added · 129 removed

Plain-language change summary

The revised version of Bill SB 48 adds a specific prohibition on the Public Service Commission from approving new or higher rates for certain electric utilities during the winter months, between November 20 and April 1. This change is significant because it aims to protect consumers from potentially unexpected or burdensome rate increases during the colder months when heating costs may already be high. Additionally, it clarifies that the commission can still manage rates for smaller municipal utilities under certain conditions.

→
Previous
Latest
WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 48 By Senator Phillips [Introduced January 14, 2026;
CS for SB 48 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 48 By Senators Phillips and Hart [Reported February 3, 2026, from the Committee on Energy, Industry, and Mining] CS for SB 48 A BILL to amend and reenact §24-2-3 and §24-2-4 of the Code of West Virginia, 1931, as amended, relating to modifying the powers and duties of the Public Service Commission;
referred to the Committee on Energy, Industry, and Mining;
prohibiting the commission from approving a new rate or fee or a rate or fee increase for certain electric utilities to take effect between November 20 in any year and April 1 of the following year;
and then to the Committee on Finance] Intr SB 48 2026R1369 A BILL to amend and reenact §24-2-3 and §24-2-4 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Public Service Commission;
and prohibiting such rates or fees from taking effect in such time period.
and providing that an electric utility rate or fee increase that is not in effect by November 20 in any year may not take effect earlier than April 1 of the subsequent year.
Provided, That the commission may exercise such rate authority over municipally owned natural gas utilities or a municipally owned water and/or sewer utility having less than 4,500 customers or annual combined gross revenues of less than $3 million only under the circumstances and limitations set forth in §24-2-4b of this code, and subject to the provisions set forth in §24-2-3(b) of this code.
Provided, That the commission may exercise such rate authority over any:
And whenever the commission, after hearing, finds any existing rates, tolls, tariffs, joint rates, or schedules enacted or maintained by a utility regulated under the provisions of this section to be unjust, unreasonable, insufficient, or unjustly discriminatory or otherwise in violation of any of the provisions of this chapter, the commission shall by an order fix reasonable rates, joint rates, tariffs, tolls, or schedules to be followed in the future in lieu of those found to be unjust, unreasonable, insufficient, or unjustly discriminatory or otherwise in violation of any provisions of law, and the commission, in fixing the rate of any railroad company, may fix a fair, reasonable, and just rate to be charged on any branch line thereof, independent of the rate charged on the main line of that railroad:
(1) Public utility;
Provided, however, That the commission may not enforce, originate, establish, or promulgate any rate or fee increase of an electric utility subject to Intr SB 48 2026R1369 his chapter that is not in effect by November 20 in any year that takes effect earlier than April 1 of the subsequent year.
(2) Municipally owned natural gas utilities or a utility;
(b) Any complaint filed with the commission by a resale or wholesale customer of a municipally owned water and/or sewer utility having less than 4,500 customers or annual combined gross revenue of less than $3 million concerning rates, fees, or charges applicable to such resale or wholesale customer shall be filed within 30 days of the enactment by the governing body of the political subdivision of an ordinance changing rates, fees, or charges for such service.
and (3) Municipally owned water and/or sewer utility having less than 4,500 customers or annual combined gross revenues of less than $3 million only under the circumstances and limitations set forth in §24-2-4b of this code, and subject to the provisions set forth in §24-2-3(b) of this code.
The commission shall resolve said complaint within 120 days of filing.
And whenever the commission, after hearing, (b) When, And whenever the commission, after hearing, the commission finds any existing rates, tolls, tariffs, joint rates, or schedules enacted or maintained by a utility regulated under the provisions of this section to be unjust, unreasonable, insufficient, or unjustly discriminatory, or otherwise in violation of any of the provisions of this chapter, the commission shall, by an order, fix reasonable rates, joint rates, tariffs, tolls, or schedules to be followed in the future in lieu of those found to be unjust, unreasonable, insufficient, or unjustly discriminatory or otherwise in violation of any provisions of law, and the commission, thereof.
The 120-day period for resolution of the complaint may be tolled by the commission until the necessary information showing the basis of the rates, fees, charges, and other information as the commission considers necessary is filed:
In fixing the rate of any railroad company, the 1 CS for SB 48 commission may fix a fair, reasonable, and just rate to be charged on any branch line thereof, independent of the rate charged on the main line of that railroad.
Provided, That rates, fees, and charges so fixed by the political subdivision providing separate or combined water and/or sewer services shall remain in full force and effect until set aside, altered, or amended by the commission in an order to be followed in the future:
(c) The commission may not:
Provided, however, That the commission shall have no authority to order refunds for amounts collected during the pendency of the complaint proceeding unless the rates, fees, or charges so enacted by the governing body were enacted subject to refund under the provisions of §24-2- 4b(d)(2) or §24-2-4b(g) of this code.
(1) Enforce, originate, establish, change, nor promulgate tariffs, rates, joint rates, tolls, or schedules for any municipal power system or water and/or sewer utility that is a political subdivision of this state, provides a separate service or combined services, has at least 4,500 customers, and has annual combined gross revenues of $3 million or more;
(c) In determining just and reasonable rates, the commission may audit and investigate management practices and policies, or have performed an audit and investigation of such practices and policies, in order to determine whether the utility is operating with efficiency and is utilizing sound management practices.
nor (2) Approve any new rate or fee or any rate or fee increase of an electric utility subject to this chapter to take effect between November 20 in any year and April 1 of the following year.
(b) Any complaint filed with the commission by (d) A resale or wholesale customer of a municipally owned water and/or sewer utility having less than 4,500 customers or annual combined gross revenue of less than $3 million may file a complaint concerning utility rates, fees, or charges applicable to such resale or wholesale customer shall be filed within 30 days of the enactment by the governing body of the political subdivision of an ordinance changing the rates, fees, or charges.
for such service.
The commission shall resolve said the complaint within 120 days of filing.
The commission may toll the 120-day period for resolution of the complaint may be tolled by the commission until the necessary information showing is filed which shows the basis of the rates, fees, charges, and other information as the commission considers necessary.
is filed:
Provided, That The rates, fees, and charges so fixed by the political subdivision providing separate or combined water and/or sewer services shall remain in full force and effect until set aside, altered, or amended by order of the commission.
in an order to be followed in the future:
Provided, however, That the commission shall have no authority to The commission may not order refunds for amounts collected during the pendency of the complaint proceeding unless the rates, fees, or charges so enacted by the governing body were enacted subject to refund under the provisions of §24-2-4b(d)(2) or §24-2- 4b(g) of this code.
2 CS for SB 48 (c) (e) In determining just and reasonable rates, the commission:
(1) May audit and investigate management practices and policies, or have performed an audit and investigation of such practices and policies, in order to determine whether the utility is operating with efficiency and is utilizing sound management practices.
The commission may include the cost of conducting the management audit in the cost of service of the utility.
The commission may include the cost of conducting the management audit in the cost of service of the utility;
(d) In determining just and reasonable rates, the commission shall investigate and review transactions between utilities and affiliates.
and (d) In determining just and reasonable rates, the commission (2) Shall investigate and review transactions between utilities and affiliates.
The commission shall limit the total return of the utility Intr SB 48 2026R1369 to a level which, when considered with the level of profit or return the affiliate earns on transactions with the utility, is just and reasonable.
The commission shall limit the total return of the utility to a level which is just and reasonable when considered with the level of profit or return the affiliate earns on transactions with the utility.
is just and reasonable.
(a) No public utility subject to this chapter, except those utilities subject to the provisions of section four-b of this article, shall change, suspend or annul any rate, joint rate, charge, rental or classification except after thirty days' notice to the commission and the public, which notice shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates or charges shall go into effect;
(a) A No public utility subject to this chapter, except those utilities subject to the provisions of §24-2-4b of this article, shall may not change, suspend, or annul any rate, joint rate, charge, rental, or classification except after 30 days' notice to the commission and the public.
but the commission may enter an order suspending the proposed rate as hereinafter provided.
which The notice shall plainly state the changes proposed to be made in the schedule then in force proposed modifications and the time when the changed rates or charges shall modifications will go into effect, but the commission may enter an order suspending the proposed rate modifications as hereinafter provided by this section.
The proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time, and kept open to public inspection:
The proposed changes modifications shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time, and kept open to public inspection.
Provided, That the commission may, in its discretion, and for good cause shown, allow changes upon less time than the notice herein specified, or may modify the requirements of this section in respect to publishing, posting and filing of tariffs, either by particular instructions or by general order.
Provided, That The commission, may in its discretion and for good cause shown, allow changes may allow modifications upon less time than the notice herein specified, or may modify the requirements of this section in with respect to publishing, posting, and filing of tariffs, either by particular instructions or by general order.
(b) Whenever there shall be filed with the commission any schedule stating a change in the rates or charges, or joint rates or charges, or stating a new individual or joint rate or charge or joint classification or any new individual or joint regulation or practice affecting any rate or charge, the commission shall have authority, either upon complaint or upon its own initiative without complaint, to enter upon a hearing concerning the propriety of such rate, charge, classification, regulation or practice;
Whenever there shall be filed with the commission any schedule stating a change in the 3 CS for SB 48 rates or charges, or (b) For any schedule filed with the commission which states individual or joint rates or charges, or stating a new individual or joint rate or charge, or a new joint classification, or any a new individual or joint regulation or practice affecting any rate or charge, the commission:
and, if the commission so orders, it may proceed without answer or other form of pleading by the interested parties, but upon reasonable notice, and, pending such hearing and the decision thereon, the commission, upon filing with such schedule and delivering to the public utility affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, classification, regulation or practice, but not for a longer period than one hundred and twenty days beyond the time when such rate, charge, classification, regulation or practice would otherwise go into effect;
shall have authority, either upon complaint or upon its own initiative without complaint, to (1) May enter upon a hearing concerning the propriety of such the rate, charge, classification, regulation, or practice;
and after full hearing, whether Intr SB 48 2026R1369 completed before or after the rate, charge, classification, regulation or practice goes into effect, the commission may make such order in reference to such rate, charge, classification, regulation or practice as would be proper in a proceeding initiated after the rate, charge, classification, regulation or practice had become effective:
(2) May enter upon the hearing either upon complaint or upon its own initiative without complaint;
Provided, That if any such hearing and decision thereon cannot be concluded within the period of suspension, as above stated, such rate, charge, classification, regulation or practice shall go into effect at the end of such period.
and if the commission so orders, it (3) May proceed without answer or other form of pleading by the interested parties.
In such case the commission may require such public utility to enter into a bond in an amount deemed by the commission to be reasonable and conditioned for the refund to the persons or parties entitled thereto of the amount of the excess, plus interest at the rate of not less than seven percent per annum, as may be specified by the commission, if such rate so put into effect is subsequently determined to be higher than those finally fixed for such utility.
but upon reasonable notice, and, pending such hearing and the decision thereon, the commission, upon filing with such schedule and delivering to the public utility affected thereby a statement in writing of its reasons for such suspension (c) Pending any hearing and related decision pursuant to subsection (b) of this section, the commission may suspend the operation of such the schedule and defer the use of such the rate, charge, classification, regulation, or practice but not for a longer period than for up to 120 days beyond the time when such rate, charge, classification, regulation or practice it would otherwise go into effect.
In specifying the applicable interest rate, the commission shall be guided by the interest rate which such public utility would in all probability have to agree to pay if such public utility at that time borrowed in the marketplace a sum of money equivalent to the amount of money the commission estimates the increase in rates will produce between the effective date of such increase and the anticipated date the rates will be finally fixed for such public utility, it being intended that a public utility should be discouraged from imposing higher rates than it should reasonably anticipate will be finally fixed as a means in effect of borrowing money at a rate of interest less than such public utility would have to agree to pay if it borrowed money in the marketplace.
and after full hearing, whether completed before or after the rate, charge, classification, regulation, or practice goes into effect, (1) The commission shall provide reasonable notice of the hearing to the public utility and a written statement of reasons for any suspension.
No such accrued interest paid on any such refund shall be deemed part of the cost of doing business in a subsequent application for changing rates or any decision thereon.
(2) The commission may make such render an order in reference to such rate, charge, classification, regulation or practice as would be proper in a proceeding initiated after the rate, charge, classification, regulation, or practice had become effective:
At any hearing involving a rate sought to be increased or involving the change of any fare, charge, classification, regulation or practice, the burden of proof to show that the increased rate or proposed increased rate, or the proposed change of fare, charge, classification, regulation or practice is just and reasonable shall be upon the public utility making application for such change.
Provided, That becomes effective, regardless of whether the hearing was completed before or after it has gone into effect.
When in any case pending before the commission all evidence shall have been taken, and the hearing completed, the commission shall, within three months, render a decision in Intr SB 48 2026R1369 such case.
Provided, That 4 CS for SB 48 (3) If any such hearing and decision thereon cannot be concluded within the period of suspension, as above stated, such the rate, charge, classification, regulation, or practice shall go into effect at the end of such the suspension period.
Show all 54 changed rows (14 more)
Previous
Latest
(c) Where more than twenty members of the public are affected by a proposed change in rates, it shall be a sufficient notice to the public within the meaning of this section if such notice is published as a Class II legal advertisement in compliance with the provision of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the community where the majority of the resident members of the public affected by such change reside or, in case of nonresidents, have their principal place of business within this state.
In such case, the commission may require such the public utility to enter into a bond in an amount deemed by the commission to be reasonable, plus interest, and conditioned for the refund to the persons or parties entitled thereto of the amount of the excess, plus interest at the rate of not less than seven percent per annum, as may be specified by the commission, if such rate so any entitled party, if the rate put into effect is subsequently determined to be higher than those that finally fixed for such the utility.
The provisions of this section shall expire on and be of no further force and effect after June 30, 1981, except that as to any case pending on said date in which the suspension period has expired and rates are in effect under bond such case shall be proceeded with in accordance with this section;
In specifying the applicable interest rate, The commission shall determine the interest rate, which shall be at seven percent or higher.
as to any other case pending on said date, the commission shall treat the case as filed anew on July 1, 1981, except that it shall not be necessary for any new process or notice to be served or published.
In determining the rate, the commission shall be guided by the interest rate which:
(d) Notwithstanding any provision in this chapter to the contrary, no electric utility rate or fee increase of an electric utility subject to his chapter that is not in effect by November 20 in any year may take effect earlier than April 1 of the subsequent year.
such (A) The public utility would in all probability have to agree to pay if, such public utility at that time, the public utility borrowed in the marketplace a sum of money equivalent to the amount of money the commission estimates the increase in rates will produce between the effective date of such the increase and the anticipated date the rates will be finally fixed;
NOTE:
for such public utility, it being and (B) Is intended that to discourage a public utility should be discouraged from imposing higher rates than it should reasonably anticipate will be finally fixed as a means of, in effect, of borrowing money at a rate of interest less than such the public utility would have to agree to pay if it borrowed money in the marketplace.
The purpose of this bill is to provide that an electric utility rate or fee increase that is not in effect by November 20 in any year may not take effect earlier than April 1 of the subsequent year.
No such accrued interest paid on any such refund shall be deemed (4) Interest paid pursuant to this section is not considered part of the cost of doing business in a subsequent application for changing rates or any related decision.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
thereon (5) At any hearing involving a rate sought to be increased or involving the change of any fare, charge, classification, regulation, or practice, the burden of proof is on the public utility to show that the increased rate or proposed increased rate, or the proposed change of fare, charge, 5 CS for SB 48 classification, regulation or practice proposed increase or change is just and reasonable.
shall be upon the public utility making application for such change.
When in any case pending before the commission all evidence shall have been taken, and the hearing completed (6) The commission shall within three months, render a decision in such any pending case within three months of gathering all evidence and completing the hearing.
(d) Where more than 20 members of the public are affected by a proposed change in rates, it shall be a is sufficient notice to the public within the meaning of for purposes of this section if such the notice is published as a Class II legal advertisement in compliance with the provision of §59-3-1, et seq., of this code.
and The publication area for such the publication shall be is the community where the majority of the resident members of the public affected by such the change reside or, in case of nonresidents, have their principal place of business within this state.
The provisions of this section shall expire on and be are of no further force and effect after June 30, 1981, except that as to any case pending on said that date, in which the suspension period has expired and rates are in effect under bond, such case shall be proceeded with shall proceed in accordance with this section.
As to any other case pending on said that date, the commission shall treat the case as filed anew on July 1, 1981, except that it shall not be is not necessary for any new process or notice to be served or published.
(e) Notwithstanding any provision in this chapter to the contrary, a new rate or fee or a rate or fee increase of an electric utility subject to this chapter may not take effect between November 20 in any year and April 1 of the following year.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Filed for introduction

  2. To Energy, Industry, and Mining then Finance

  3. Introduced in Senate

  4. To Energy, Industry, and Mining

  5. Committee substitute reported, but first to Finance

  6. To Finance

Sponsors

  • Phillips · Primary
  • Taylor · Cosponsor
  • Craig A. Hart · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 149 not signed on

Sponsors (1)

  • Phillips

Co-sponsors (2)

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 48 do?
Relating to powers and duties of PSC
Who sponsors SB 48?
SB 48 is sponsored by Phillips, Taylor, and Craig A. Hart (Republican).
What is the current status of SB 48?
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 48?
Track SB 48 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 48

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 48

Last checked for changes about 1 month ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →