Public Utility Definition

The West Virginia Public Service Commission (PSC) does not have jurisdiction over the sale of alternative fuels by non-utilities. The PSC authorizes ratemaking allowances for public utilities to encourage the use of alternative fuels in new demonstration technologies, including alternative fuel vehicles (AFVs). AFVs include those using natural gas, methanol, propane, or electricity as the primary fuel.

Persons or entities using movable generators to sell electricity for use in electric vehicles (EVs) at temporary EV charging locations are not public utilities. Additionally, the PSC does not have jurisdiction over temporary EV charging locations, which include:

• Fairs, festivals, and other special events;
• Locations where the electric distribution grid has been adversely affected by emergencies or disasters, natural or otherwise; or
• Locations which facilitate evacuations from such emergencies or disasters, impending or otherwise.

(Reference House Bill 2817, 2023 and West Virginia Code 24-2D-1 through 24-2D-3)