Supreme Court of Appeals of West Virginia Story Archives

More Sport Cases Appealed To State Supreme Court

The West Virginia Secondary School Activities Commission (SSAC) has filed two more petitions for Writ of Prohibition with the state’s highest court.

The petitions filed Tuesday are an effort to stop two lower court rulings regarding the Class A high school volleyball playoffs. The state volleyball championships in three other classes were held last week. Class A remains postponed due to conflicting court orders out of circuit courts in Hardy and Taylor counties.

The SSAC is also seeking expedited relief to try and get Class A volleyball teams playing again as soon as possible.

David Price, executive director of the SSAC, told WVPB last week that when circuit courts disagree, appealing to the West Virginia Supreme Court of Appeals is the SSAC’s only option.

““There are so many competing orders from various courts, and it’s not up to us to determine which court order to follow, so the Supreme Court will have to intervene,” he said.
The SSAC is also awaiting rulings on similar requests to block lower court orders currently delaying all football playoffs in the state. Responses to the initial requests on behalf of respondents in Wood and Mason were filed with the Supreme Court Monday morning.

Supreme Court Will Rule On Football Rankings

The Supreme Court of Appeals has been asked to resolve conflicting litigation that is delaying football playoffs across West Virginia.

The West Virginia Secondary School Activities Commission (SSAC) has filed two petitions for Writ of Prohibition with the state’s highest court in an effort to stop two lower court rulings regarding the high school football playoffs.

On Friday, Justice William R. Wooton voluntarily disqualified himself from participating in both cases, but did not provide a reason. Chief Justice Tim Armstead filed disclosures of his personal relationships related to the cases, including a nephew who plays football at Braxton County High School, but concluded they had “no basis for his disqualification.”

Football playoffs were originally scheduled to begin Friday night. But the SSAC postponed them after conflicting court orders about team rankings were handed down in Wood and Mason counties.

David Price, executive director of the SSAC, said appealing to the Supreme Court became their only option.

“There are so many competing orders from various courts, and it’s not up to us to determine which court order to follow, so the Supreme Court will have to intervene,” he said.

West Virginia currently has four classes for secondary activities, ranging from Class A to Class AAAA. Price said Class AAAA was an expansion created as part of a pilot program in basketball. It was recently added to most sports as part of a new reclassification system implemented just before the start of the fall athletic season.

“The principals of West Virginia voted on and supported, matter of fact wanted, and they wanted to expand that to include football, baseball, softball, cheer and volleyball, outside of girls and boys basketball, and that’s exactly what happened,” Price said.

Price said some schools have been dissatisfied with their reclassification and their ability to compete in the new classes.

“Everything started to domino from that and rulings that were handed to us that we had to implement based on review board rulings, and then they went to court, and it’s brought us to where we are now,” he said.

The petition filed in Wood County Circuit Court by the local Board of Education on Nov. 8 resulted in a court order Nov. 9 requiring the SSAC to seed the playoffs using a methodology from January 2024, before the reclassification.

The SSAC complied with the order and released new seedings for the playoffs the same day. But on Nov. 11 Point Pleasant Junior Senior High School, which had been eliminated from playoff contention by the new rankings, filed a petition in Mason County Circuit Court. That resulted in an order for the SSAC to delay the Class AAA playoffs so “play-in” games could be held, conflicting with the order out of Wood County.

“The Order presupposes that WVSSAC will incorporate the complete reclassification as required by the Wood County Order which would require the WVSSAC to change the calculation system for the football playoffs after all eleven (11) weeks of regular season play and one (1) week before the scheduled start of the playoffs and therefore eliminating Point Pleasant Junior Senior High School,” the SSAC petition for writ against Mason County reads.

“Accordingly, it leaves in place the system which it found to be “arbitrary and capricious” and effectively modifies that order, only to reintroduce two (2) of the schools the Wood County Order would exclude. As a result, it leaves in place the arbitrary and capricious effects of the Wood County Order, particularly with respect to any schools participating in a classification other than AAA.”

Price stressed that the SSAC is purely an administrative body that follows and enforces rules created by its member schools.

“Keep in mind that the rules that are followed are made by the principals of the secondary schools of West Virginia, not by a group of people in Parkersburg,” Price said. “All we do is make sure out of Parkersburg, make sure they’re followed. The principles are the WVSSAC, they are the voting members, and we are the administration.”

In its filings Thursday, the SSAC also sought expedited relief from the court to try and get teams playing again as soon as possible. Friday afternoon the Supreme Court granted both requests, ordering the respondents in Wood and Mason counties to submit their responses no later than noon on Monday, Nov. 18.

A separate legal action that has delayed the Class A volleyball playoffs is awaiting a ruling in Hardy County.

State Justices Issue Split Ruling In Appalachian Power Case

The state Supreme Court on Wednesday affirmed the PSC’s January conclusion that Appalachian Power mismanaged its fuel supplies in 2021 and 2022.

The West Virginia Supreme Court of Appeals has ruled in an Appalachian Power lawsuit against the Public Service Commission.

The state Supreme Court on Wednesday affirmed the PSC’s January conclusion that Appalachian Power mismanaged its fuel supplies in 2021 and 2022. However, it also threw out the PSC’s decision to punish Appalachian Power for its fuel management practices.

The price of coal rose dramatically during that time as the economy recovered from COVID-19 and after Russia invaded Ukraine. Appalachian Power’s plants ran short on coal supplies.

The company tried to pass on the higher costs of coal to electricity consumers. The PSC approved the recovery of more than $300 million in January, but disallowed more than $200 million. Appalachian Power then sued.

The court threw out the PSC’s disallowance and sent that matter back to the commissioners for further review. It is not yet clear how the court’s ruling will affect electricity customers.

Appalachian Power recently tried again to seek PSC approval for a base rate increase. Its previous application was dismissed.

PSC Lawyers Ask Court For Dismissal Of Sierra Club Lawsuit

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 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.

Sierra Club Sues PSC In Federal Court Over Coal Plant Operations

It seeks to overturn a 2021 directive by the PSC for Appalachian Power to operate its coal plants at a 69 percent capacity factor.

The Sierra Club filed its 36-page complaint this week in the U.S. District Court for the Southern District of West Virginia.

It seeks to overturn a 2021 directive by the PSC for Appalachian Power to operate its coal plants at a 69 percent capacity factor.

The Sierra Club says the commission overstepped its authority. The complaint says the directive violates the Supremacy Clause of the Constitution, and only the Federal Energy Regulatory Commission has the authority to regulate how much power plants run.

The suit was filed on behalf of two Kanawha County residents who are Appalachian Power customers, as well as the Sierra Club itself, which has offices in West Virginia.

The suit argues that the PSC directive hurts electricity customers, who absorb the cost of the plants’ operations and any losses they incur.

The coal plants have not operated anywhere near the 69 percent capacity factor but still have lost money in recent months.

An energy analyst told the PSC last month that the John Amos, Mountaineer and Mitchell plants lost a combined $87 million from early 2023 to early 2024.

Appalachian Power told the PSC that it ran the plants outside of favorable economic conditions to manage an oversupply of coal to protect worker safety.

According to an analysis of power plant data by the Ohio River Valley Institute, the three plants operated well below 69 percent last year.

Mountaineer operated 44 percent of the time, followed by Amos at 33 percent. Mitchell ranked last at 24 percent. The 10-year average capacity factor for coal plants in PJM, the regional grid operator that includes West Virginia and 12 other states, is 42 percent, the complaint states.

Appalachian Power has asked the PSC to raise base rates by 17 percent, or about $28 a month for the average residential electricity user.

The company has taken legal action against the PSC over its January decision to deny the recovery of $231 million in fuel costs from electricity customers. Oral arguments are set for Sept. 4 at the West Virginia Supreme Court.

Karen Wissing, an Appalachian Power spokeswoman, said the company doesn’t plan to intervene in the Sierra Club’s lawsuit.

The West Virginia PSC didn’t immediately respond to a request for comment.

Harrison County Survivors Of Domestic, Sexual Violence Can Now Testify Remotely

A new remote outreach program means survivors of domestic violence and sexual assault in Harrison County can now seek justice in the courtroom without having to share a room with their assailants.

Survivors of domestic violence and sexual assault in Harrison County can now seek justice without sharing a courtroom with their assailants.

Marion County-based nonprofit HOPE, Inc. is now offering a remote outreach program for survivors, which allows them to file safety order petitions and participate in hearings without visiting the county courthouse in person.

Survivors can participate in remote court sessions from the nonprofit’s office Monday through Friday from 9 a.m. to 3 p.m.

The program expansion was announced by the Supreme Court of Appeals of West Virginia in a press release Wednesday. Chief Justice Tim Armstead said the remote outreach program can help survivors “seek the protection of the courts in a safe and less intimidating setting.”

The program, known as the Remote Domestic Violence and Sexual Assault Outreach Program, is funded through the West Virginia Division of Justice and Community Services, as well as the West Virginia Foundation for Rape Information and Services.

With the expansion, Harrison County joins eight other counties across West Virginia in offering remote court proceedings to survivors of domestic violence and sexual assault. The program is also available in Cabell, Jefferson, Kanawha, Lincoln, Mason, Ohio, Wayne and Wood counties.

“We will continue to look for opportunities to expand this service throughout West Virginia,” Armstead said.

HOPE, Inc. can be reached during working hours at 304-624-9835, or during any time of day at the nonprofit’s 24-hour hotline, 304-367-1100. For more information, visit the organization’s website.

Survivors of domestic violence and sexual assault in Harrison County can still file safety orders any time of day through the county’s magistrate court by calling 911.