West Virginia Code Chapter 24. Public Service Commission § 24-2D-3. Limitation on commission jurisdiction over sales by nonutilities of alternative fuel for certain purposes, limitations on jurisdiction for temporary electric charging of alternative fuel motor vehicles

(a) Notwithstanding any provision of this chapter to the contrary, the Public Service Commission shall have no jurisdiction over the ultimate sale by nonutilities of alternative fuel to be utilized solely as fuel for motor vehicles.

(b) Notwithstanding any provision of this chapter to the contrary, persons or entities generating electricity for retail sale for alternative fuel vehicles at temporary electric charging locations using movable generators are not public utilities and the Public Service Commission shall have no jurisdiction thereover: Provided, That the temporary electric charging locations are: (1) at fairs, festivals, and other special events; (2) at locations where the electric distribution grid has been adversely effected by emergencies or disasters, natural or otherwise; or (3) at locations which facilitate evacuations from such emergencies or disasters, impending or otherwise.