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Home » US Law » 2022 West Virginia Code » Chapter 24. Public Service Commission » Article 2H. Power of Commission to Order Measures Up to and Including the Acquisition of Distressed and Failing Water and Wastewater Utilities » §24-2H-5. Determination of Whether a Utility Qualifies as a Distressed Utility , Failing Utility , or a Capable Proximate Utility

(a) In determining whether a utility is distressed or failing, the commission shall consider the following factors:

(1) The financial, managerial, and technical ability of the utility;