§5D-1-3. Definitions


Published: 2015

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WEST VIRGINIA CODE











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WVC 5D-1-3

§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.

(2) "Board" means the West Virginia public energy authority

board created in section four of this article, which shall manage

and control the West Virginia public energy authority.

(3) "Bond" means a revenue bond, or note or other evidence of

indebtedness, including, but not limited to, a taxable bond and

commercial paper, issued by the West Virginia economic development

authority or by the authority to effect the intents and purposes of

this article.

(4) "Construction" includes construction, acquisition,

reconstruction, enlargement, improvement and providing furnishings

or equipment.

(5) "Cost" as applied to natural gas transmission projects,

electric power projects or other energy projects authorized by the

authority includes, but is not limited to: The cost of their

acquisition and construction, including all costs pertaining to

pipelines; the cost of acquisition of all land, rights-of-way,

property rights, easements, franchise rights, contract rights,

lease rights and other rights or interests required by the authority for such acquisition and construction; the cost of

demolishing or removing any pipeline, buildings or structures on

land so acquired, including the cost of acquiring any lands to

which such pipelines, buildings or structures may be moved; the

cost of acquiring or constructing and equipping a principal office

and suboffices of the authority; the cost of diverting highways,

interchange of highways and access roads to private property,

including the cost of land or easements therefor; the cost of all

machinery, furnishings and equipment, all financing charges, and

interest prior to and during construction and after completion of

construction; the cost of all engineering services and all expenses

of research and development with respect to natural gas

transmission projects, electric power projects, and related

facilities; the cost of all legal services and expenses; the cost

of all plans, specifications, surveys and estimates of cost and

revenues; all working capital and other expenses necessary or

incident to determining the feasibility or practicability of

acquiring or constructing any such projects; all administrative

expenses and such other expenses as may be necessary or incident to

the acquisition or construction of any such projects; the financing

of such acquisition or construction, and the cost of financing of

the placing of any such project in operation. Any obligation or

expenses incurred after the effective date of this article by any

person, with the approval of the authority, for surveys, borings,

preparation of plans and specifications and other engineering services in connection with the acquisition or construction of a

project shall be regarded as a part of the cost of such project and

shall be reimbursed out of the proceeds of loans or bonds as

authorized by the provisions of this article.

(6) "End-user" means any person who consumes or uses natural

gas in connection with any industrial, commercial, residential or

other use, except that such term shall not include any person

purchasing such natural gas for resale to another person. For

purposes of this article, the term end-user shall include local

distribution companies and intrastate pipelines as defined in

article three, chapter twenty-four of this code.

(7) "Electric power project" means the complex of structures,

machinery and associated equipment for the generation or

transmission of electricity including the production and

distribution of other energy produced from coal, natural gas and

by-products of coal occurring as a result of the production of

coal, and all facilities related or incidental thereto.

(8) "Governmental agency" means the state government or any

agency, department, division or unit thereof; counties;

municipalities; public service districts; regional governmental

authorities and any other governmental agency, entity, political

subdivision, public corporation or agency; the United States

government or any agency, department, division or unit thereof; and

any agency, commission or authority established pursuant to an

interstate compact or agreement.

(9) "Local distribution company" means any person, other than

any interstate pipeline or any intrastate pipeline, engaged in

transportation or local distribution of natural gas and the sale of

natural gas for ultimate consumption.

(10) "Natural gas transmission project" means any natural gas

pipeline and all facilities necessary or incident to the

transportation of natural gas to or for the benefit of industrial

or other end-users in West Virginia, the acquisition or

construction of which is financed, in whole or in part, by the West

Virginia public energy authority or the acquisition or construction

of which is financed, in whole or in part, from funds made

available by grant, loan or any other source by, or through, the

authority as provided in this article, including facilities, the

acquisition or construction of which is authorized, in whole or in

part, by the West Virginia public energy authority or the

acquisition or construction of which is financed, in whole or in

part, from funds made available by grant, loan or any other source

by, or through, the authority as provided in this article,

including all pipelines, buildings and facilities which the

authority deems necessary for the operation of the project,

together with all property, rights, easements and interests which

may be required for the operation of the project.

(11) "Owner" includes all persons having any title or interest

in any property rights, easements and interests authorized to be

acquired by this article.

(12) "Person" means any public or private corporation,

institution, association, firm or company organized or existing

under the laws of this or any other state or country; the United

States or the state of West Virginia; any federal or state

governmental agency; political subdivision; county commission;

municipality; industry; public service district; partnership;

trust; estate; person or individual; and group of persons or

individuals acting individually or as a group or any other legal

entity whatever.

(13) "Pipeline" or "pipelines" means any actual lines of pipe

for the transmission and distribution of natural gas together with

all appurtenances, facilities, structures, equipment, machinery and

other items related to the transmission and distribution of gas

through lines of pipe.

(14) "Revenue" means any money or thing of value collected by,

or paid to, the West Virginia public energy authority as rents,

loan payments, installment payments, or other proceeds of sale,

rates, user fees, service charges or other charges for the electric

power produced by, for the use of, for the lease, the lease with an

option to purchase or the purchase of, or in connection with any

electric power project; or as rent, use, transportation or service

fee or charge for use of, or in connection with, any natural gas

transmission project; or other money or property from any source

which is received and may be expended for or pledged as revenues

pursuant to this article.





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

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