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This week, U.S. District Judge Thomas Johnston hit pause on a case the Sierra Club filed last year against the West Virginia Public Service Commission.
The Sierra Club’s complaint argued that a PSC 2021 directive for Appalachian Power to operate its three West Virginia coal plants at a 69% capacity factor had increased the cost of electricity.
The capacity factor of all coal-burning units in the 13-state PJM territory, which includes West Virginia, was 34% in 2023, according to the U.S. Energy Information Administration.
Still, the cost of electricity has risen. Appalachian Power is currently seeking a rate increase.
The PSC responded that the Sierra Club had no standing to sue the commission over the directive, even though its West Virginia members are customers of Appalachian Power.
Johnston gave the parties 30 days to reach a settlement.
