PSC Lawyers Ask Court For Dismissal Of Sierra Club Lawsuit

The West Virginia Public Service Commission has asked a federal court to dismiss a lawsuit by the Sierra Club.

Lawyers for PSC Commissioners Charlotte Lane, Bill Raney and Renee Larrick say the Sierra Club lacks standing to sue the commission over a 2021 directive affecting Appalachian Power coal plants.

The Sierra Club alleges that the directive, which binds Appalachian Power to operate the plants 69 percent of the time, higher than they or most other plants actually do, has led to an increase in raised rates for West Virginia electricity customers.

The commissioners’ lawyers on Monday asked the U.S. District Court for the Southern District of West Virginia to dismiss the case, filed in August by the Sierra Club on behalf of two members, Bruce Perrone and Rosanna Long. 

They say the connection between the directive and rates cannot be proved. 

While the PSC has sought a dismissal of the case, Appalachian Power has moved to become involved in the lawsuit, according to court filings. A trial would not take place for another year.

In a separate case in the West Virginia Supreme Court of Appeals, Appalachian Power is challenging the PSC’s January ruling that denied the company the recovery of a portion of its $550 million fuel balance incurred in 2021 and 2022 when the price of coal soared.

A decision is expected sometime in the coming weeks.

Appalachian Power has also refiled its base rate case with the PSC, offering a 4 percent increase that would be pay off bonds over the course of 20 years. That’s the alternative to the double-digit rate increase the company originally proposed.