§5D-1-15. Acquisition of Property by Authority — Acquisition by Purchase, Lease or Eminent Domain; Governmental Agencies Authorized to Convey, etc., Property; Sale of Property by Authority
The authority may acquire by purchase, or otherwise, as authorized by this article whenever it deems such acquisition expedient, any land, property, rights, rights-of-way, franchises, easements, leases and other interests in lands it deems necessary or convenient for the construction and operation of any natural gas transmission project, any electric power project, or other energy […]
§5D-1-16. Authority Not Public Utility and Not Subject to Full Jurisdiction of Public Service Commission; Authority Subject to Provisions Concerning Gas Pipeline Safety
Notwithstanding anything contained in this article to the contrary, and specifically notwithstanding any activities of the authority which shall constitute a public service, the authority shall not be considered or deemed a public utility in any respect for purposes of chapter twenty-four of this code, and neither the authority, nor any of its activities or […]
§5D-1-17. Transportation of Gas From Natural Gas Transportation Projects by Gas Utility Pipelines as Common Carriers
In conjunction with any natural gas transportation project, and for any other purpose in order to effectuate the policies and intent of this article, the authority may petition the Public Service Commission, pursuant to section three-a, article three, chapter twenty-four of this code, to authorize and require the transportation of natural gas for the authority […]
§5D-1-8. Annual Report to Governor and Legislature; Audit
The authority shall make an annual report, as soon as possible after the close of each fiscal year, of its activities for the preceding fiscal year to the Governor and the Legislature. Each such report shall set forth a complete operating and financial statement covering the authority's operations during the preceding fiscal year. The authority […]
§5D-1-9. Expenses of Authority
From time to time the Legislature may appropriate funds to be used for the purposes of this article. All expenses incurred in carrying out the provisions of this article shall be payable solely from funds of the authority or from funds appropriated to the authority for such purpose by the Legislature. Such article does not […]
§5D-1-10. Use of Funds by Authority; Restrictions
All moneys, properties and assets acquired by the authority, bonds or as revenues or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, and shall be used and reused in accordance with the purposes and provisions of this article. Such moneys shall at no time be […]
§5D-1-2. Purpose and Intent
The Legislature finds and declares: (a) That the long-term health and economy of the United States will depend upon the availability of reliable sources of energy; (b) That the State of West Virginia has abundant reserves of coal, natural gas and other natural resources; (c) That the economy of the State of West Virginia needs […]
§5D-1-3. Definitions
As used in this article, unless the context clearly requires a different meaning: (1) "Authority" means the West Virginia public energy authority created in section four of this article, the duties, powers, responsibilities and functions of which are specified in this article.
§5D-1-4. West Virginia Public Energy Authority Continued; West Virginia Public Energy Board Continued; Organization of Authority and Board; Appointment of Board Members; Term, Compensation and Expenses; Director of Authority; Appointment
(a) The West Virginia Public Energy Authority is continued. The authority is a governmental instrumentality of the state and a body corporate. The exercise by the authority of the powers conferred by this article and the carrying out of its purposes and duties are essential governmental functions and for a public purpose. (b) The authority […]
§5D-1-5. Powers, Duties and Responsibilities of Authority Generally; Termination of Certain Powers
The West Virginia Public Energy Authority has and may exercise all powers necessary or appropriate to execute its corporate purpose. The authority may: (1) Adopt, amend and repeal bylaws necessary and proper for the regulation of its affairs and the conduct of its business and rules to implement and make effective its powers and duties, […]