§5D-1-5. Powers, duties and responsibilities of authority generally; termination of certain powers


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
WEST VIRGINIA CODE











‹ Back



 |   Print







WVC 5 D- 1 - 5

§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, such

rules to be promulgated in accordance with the provisions of

chapter twenty-nine-a of this code.

(2) Adopt and use an official seal and alter the same at

pleasure.

(3) Maintain a principal office and, if necessary, regional

suboffices at locations properly designated or provided.

(4) Sue and be sued in its own name and plead and be impleaded

in its own name, and particularly to enforce the obligations and

covenants made under this article. Any actions against the

authority shall be brought in the circuit court of Kanawha County.

(5) Foster, encourage and promote the mineral development

industry. The authority is encouraged to maximize the use of the

West Virginia mineral development industry, but is not prohibited

from utilizing nonstate mineral resources.

(6) Represent the state with respect to national initiatives

concerning the mineral development industry and international

marketing activities affecting the mineral development industry.

(7) Engage in strategic planning to enable the state to cope

with changes affecting or which may affect the mineral development

industry.

(8) Acquire, whether by purchase, construction, gift, lease,

lease-purchase or otherwise, any electric power project or natural

gas transmission project. In the event that an electric power

project to be constructed pursuant to this article is designed to

utilize coal wastes for the generation of electricity or the

production of other energy, such project shall also be capable of

using coal as its primary energy input: Provided, That it shall be

demonstrated to the authority's satisfaction that quantities of

coal wastes exist in amounts sufficient to provide energy input for

such project for the term of the bonds or notes issued by the

authority to finance the project and are accessible to the project.

(9) Lease, lease with an option by the lessee to purchase,

sell, by installment sale or otherwise, or otherwise dispose of, to

persons other than governmental agencies, any or all of its

electric power projects or natural gas transmission projects for

such rentals or amounts and upon such terms and conditions as the

Public Energy Authority Board may deem advisable.

(10) Finance one or more electric power projects or natural

gas transmission projects by making secured loans to persons other

than governmental agencies to provide funds for the acquisition, by

purchase, construction or otherwise, of any such project or

projects.

(11) Issue bonds for the purpose of financing the cost of

acquisition and construction of one or more electric power projects

or natural gas transmission projects or any additions, extensions

or improvements thereto which will be sold, leased with an option

by the lessee to purchase, leased or otherwise disposed of to

persons other than governmental agencies or for the purpose of

loaning the proceeds thereof to persons other than governmental

agencies for the acquisition and construction of said projects or

both. Such bonds shall be issued and the payment of such bonds

secured in the manner provided by the applicable provisions of

sections seven, eight, nine, ten, eleven, twelve, thirteen and

seventeen, article two-c, chapter thirteen of this code: Provided,

That the principal and interest on such bonds shall be payable out

of the revenues derived from the lease, lease with an option by the

lessee to purchase, sale or other disposition of or from loan

payments in connection with the electric power project or natural

gas transmission project for which the bonds are issued, or any

other revenue derived from such electric power project or natural

gas transmission project.

(12) In the event that the electric power project or natural

gas transmission project is to be owned by a governmental agency,

apply to the economic development authority for the issuance of

bonds payable solely from revenues as provided in article fifteen,

chapter thirty-one of this code: Provided, That the economic

development authority shall not issue any such bonds except by an act of general law: Provided, however, That the authority shall

require that in the construction of any such project, prevailing

wages shall be paid as part of a project specific agreement which

also takes into account terms and conditions contained in the West

Virginia - Ohio valley market retention and recovery agreement or

a comparable agreement.

(13) Acquire by gift or purchase, hold and dispose of real and

personal property in the exercise of its powers and the performance

of its duties as set forth in this article.

(14) Acquire in the name of the state, by purchase or

otherwise, on such terms and in such manner as it deems proper, or

by the exercise of the right of eminent domain in the manner

provided in chapter fifty-four of this code, such real property or

parts thereof or rights therein, rights-of-way, property, rights,

easements and interests it deems necessary for carrying out the

provisions of this article and compensation shall be paid for

public or private lands so taken; and the authority may sell any of

the real property or parts thereof or rights therein,

rights-of-way, property, rights, easements and interests acquired

hereunder in such manner and upon such terms and conditions as the

authority deems proper: Provided, That if the authority determines

that land or an interest therein acquired by the authority through

the exercise of the power of eminent domain for the purpose of this

article is no longer necessary or useful for such purposes, and if

the authority desires to sell such land or interest therein, the authority shall first offer to sell such land or interest to the

owner or owners from whom it was acquired, at a price equal to its

fair market value: Provided, however, That if the prior owner or

owners shall decline to reacquire the land or interest therein, the

authority shall be authorized to dispose of such property by direct

sale, auction, or competitive bidding. In no case shall such land

or an interest therein acquired under this subdivision be sold for

less than its fair market value. This article does not authorize

the authority to take or disturb property or facilities belonging

to any public utility or to a common carrier, which property or

facilities are required for the proper and convenient operation of

such public utility or common carrier, except for the acquisition

of easements or rights-of-way which will not unreasonably interfere

with the operation of the property or facilities of such public

utility or common carrier, and in the event of the taking or

disturbance of property or facilities of public utility or common

carrier, provision shall be made for the restoration, relocation or

duplication of such property or facilities elsewhere at the sole

cost of the authority.

The term "real property" as used in this article is defined to

include lands, structures, franchises and interests in land,

including lands under water and riparian rights, and any and all

other things and rights usually included within the said term, and

includes also any and all interests in such property less than full

title, such as easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or

right, legal or equitable, including terms for years and liens

thereon by way of judgments, mortgages or otherwise, and also all

claims for damages for such real estate.

For the purposes of this section, "fair market value" shall be

determined by an appraisal made by an independent person or firm

chosen by the authority. The appraisal shall be performed using

the principles contained in the "Uniform Appraisal Standards for

Federal Land Acquisitions" published under the auspices of the

Interagency Land Acquisition Conference, United States Government

Printing Office, 1972.

(15) Make and enter into all contracts and agreements and

execute all instruments necessary or incidental to the performance

of its duties and the execution of its powers: Provided, That if

any electric power project or natural gas transmission project is

to be constructed by a person other than a governmental agency, and

with whom the authority has contracted to lease, sell or finance

such project upon its completion, then the authority shall not be

required to comply with the provisions of article twenty-two,

chapter five of this code requiring the solicitation of competitive

bids for the construction of such a project.

(16) Employ managers, superintendents and other employees, and

retain or contract with consulting engineers, financial

consultants, accountants, architects, attorneys, and such other

consultants and independent contractors as are necessary in its judgment to carry out the provisions of this article, and fix the

compensation or fees thereof. All expenses thereof shall be

payable solely from the proceeds of bonds issued by the economic

development authority, from the proceeds of bonds issued by or loan

payments, lease payments or other payments received by the

authority, from revenues and from funds appropriated for such

purpose by the Legislature.

(17) Receive and accept from any federal agency, or any other

source, grants for or in aid of the construction of any project or

for research and development with respect to electric power

projects, natural gas transmission projects or other energy

projects, and receive and accept aid or contribution from any

source of money, property, labor or other things of value to be

held, used and applied only for the purpose for which such grants

and contributions are made.

(18) Purchase property coverage and liability insurance for

any electric power project or natural gas transmission project or

other energy project and for the principal office and suboffices of

the authority, insurance protecting the authority and its officers

and employees against liability, if any, for damage to property or

injury to or death of persons arising from its operations and any

other insurance which may be provided for under a resolution

authorizing the issuance of bonds or in any trust agreement

securing the same.

(19) Charge, alter and collect transportation fees and other charges for the use or services of any natural gas transmission

project as provided in this article.

(20) Charge and collect fees or other charges from any energy

project undertaken as a result of this article.

(21) When the electric power project is owned and operated by

the authority, charge reasonable fees in connection with the making

and providing of electric power and the sale thereof to

corporations, states, municipalities or other entities in the

furtherance of the purposes of this article.

(22) Purchase and sell electricity or other energy produced by

an electric power project in and out of the state of West Virginia.

(23) Enter into wheeling contracts for the transmission of

electric power over the authority's or another party's lines.

(24) Make and enter into contracts for the construction of a

project facility and joint ownership with another utility and the

provisions of this article shall not constrain the authority from

participating as a joint partner therein.

(25) Make and enter into joint ownership agreements.

(26) Establish or increase reserves from moneys received or to

be received by the authority to secure or to pay the principal of

and interest on the bonds issued by the economic development

authority pursuant to the provisions of article fifteen, chapter

thirty-one of this code or bonds issued by the authority.

(27) Broker the purchase of natural gas for resale to

end-users: Provided, That whenever there are local distribution company pipelines already in place the authority shall arrange to

transport the gas through such pipelines at the rates approved by

the Public Service Commission of West Virginia.

(28) Engage in market research, feasibility studies,

commercial research, and other studies and research pertaining to

electric power projects and natural gas transmission projects or

any other functions of the authority pursuant to this article.

(29) Enter upon any lands, waters and premises in the state

for the purpose of making surveys and examinations as it may deem

necessary or convenient for the purpose of this article, and such

entry shall not be deemed a trespass, nor shall an entry for such

purposes be deemed an entry under any condemnation proceedings

which may be then pending and the authority shall make

reimbursement for any actual damages resulting to such lands,

waters and premises as a result of such activities.

(30) Participate in any reorganization proceeding pending

pursuant to the United States Code (being the act of congress

establishing a uniform system of bankruptcy throughout the United

States, as amended) or any receivership proceeding in a state or

federal court for the reorganization or liquidation of a

responsible buyer or responsible tenant. The authority may file

its claim against any such responsible buyer or responsible tenant

in any of the foregoing proceedings, vote upon any question pending

therein, which requires the approval of the creditors participating

in any reorganization proceeding or receivership, exchange any evidence of such indebtedness for any property, security or

evidence of indebtedness offered as a part of the reorganization of

such responsible buyer or responsible tenant or of any entity

formed to acquire the assets thereof and may compromise or reduce

the amount of any indebtedness owing to it as a part of any such

reorganization.

(31) Make or enter into management contracts with a second

party or parties to operate any electric power project or any gas

transmission project and associated facilities, or other related

energy project, either during construction or permanent operation.

(32) Do all acts necessary and proper to carry out the powers

expressly granted to the authority in this article.

(33) Nothing herein shall be construed to permit the

transportation of gas produced outside of this state through a

natural gas transmission project.

(34) The authority shall, after consultation with other

agencies of state government having environmental regulatory

functions, promulgate legislative rules pursuant to chapter

twenty-nine-a of this code, to establish standards and principles

to be applied to all projects in assessing the effects of projects

on the environment: Provided, That when a proposed project

requires an environmental impact statement pursuant to the National

Environmental Policy Act of 1969, a copy of the environmental

impact statement shall be filed with the authority and be made

available prior to any final decision or final approval of any project and prior to the conducting of any public hearings

regarding the project, and in any such case, no assessment pursuant

to the legislative rule need be made.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.