Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
(a) No existing coal, oil, or natural gas fueled power plant shall undertake any decommissioning or deconstructing activities prior to obtaining approval from the authority: Provided, That such approval may not be unreasonably withheld.
(b) The authority may approve the decommissioning or deconstructing of an existing coal, oil, or natural gas fueled power plant upon the submission of a petition containing, at a minimum, the following information:
(1) An analysis by an authority approved third party that evaluates the social, environmental, and economic impact at a local and statewide level of such decommissioning and deconstruction; and
(2) Potential alternatives to the decommissioning and deconstruction, including the reconstruction that make use of other technologies, including novel technologies and green technologies as alternative fuel sources.
(c) The authority shall propose rules for legislative approval and promulgate emergency rules in accordance with the provisions of § 29A-3-1 et seq. of this code to implement this section, including exempting power plants that have been non-producing for at least five years prior to the effective date of this section.
Cite this article: FindLaw.com - West Virginia Code Chapter 5D. Public Energy Authority Act § 5D-1-5c. Approval of decommissioning or deconstructing an existing power plant - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-5d-public-energy-authority-act/wv-code-sect-5d-1-5c/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)