SB 505 West Virginia Senate · 2025 Regular Session

Ensuring Reliable and Affordable Electricity Act

SB 505 requires West Virginia electric utilities to factor system reliability into their rate-setting decisions, directly affecting utilities and their customers. The bill mandates that utilities consider the "capacity value" and reliability of generation assets when replacing older facilities, ensuring new assets maintain equivalent reliability and affordability. It establishes a legal standard for the Public Service Commission to review rate applications, requiring that only costs for reliable service can be recovered through customer rates. The law applies to all utilities under the Commission's jurisdiction, focusing on maintaining consistent power supply for homes, hospitals, businesses, and critical infrastructure during the energy transition.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House of Delegates Passage
Governor
Introduced Feb 14, 2025 Last action Mar 27, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 8 edits
MODERATE
The bill was amended from an introduced version to a committee substitute version, adding new sponsors and updating the bill's purpose to explicitly include 'ensuring energy reliability and affordability.' The most significant substantive change is the addition of a new definition for 'Rate of return' (RoR) with a specific mathematical formula, and the expansion of commission directives to require rate adjustments that reflect the capacity value of resources. These changes shift the regulatory framework to more rigorously assess the reliability contribution of energy assets when approving utility rate increases.
Scope change
The bill's scope was slightly expanded by adding additional sponsors (Rose, Phillips, Taylor, Hart, and Willis) and clarifying the legislative purpose to include ensuring energy reliability and affordability. The applicability to the Public Service Commission's rate-setting process remains the same, but the standards for approval have been strengthened.
DEFINITION

Added a new definition for 'Rate of return' (RoR) that includes a specific mathematical formula to calculate the percentage of profit a utility company is allowed to earn on its invested capital, considering debt and equity splits.

Modified the definition of 'Electric Generation Unit' to explicitly include pumped hydroelectric storage, lithium-ion batteries, and any other device or asset used to store energy for later use as electricity.

Removed the definition for 'Reliability' that referenced 16 U.S.C. §824o and replaced it with a definition that includes the definition set forth in 16 U.S.C. §824o and regulations promulgated pursuant thereto.

REQUIREMENT

Modified the bill's introductory text to change the purpose from 'relating to energy' to 'relating to ensuring energy reliability and affordability,' providing clearer legislative intent.

Added new commission directives requiring the Public Service Commission to adjust the allowed rate of return to reflect the capacity value of resources when approving rate increases for electric generation units.

Added new commission directives requiring the Public Service Commission to include specific findings in rate orders regarding whether assets meet chapter requirements and whether proposed actions will negatively impact reliability during peak demand.

Added new commission directives requiring the Public Service Commission to include specific information in boldface type in rate orders, including total dollar amounts of approved rate increases and summaries of denied costs.

Added new burden of proof requirements stating that applicants must establish by clear and convincing evidence that proposed assets meet capacity contributions to bulk-power system reliability during times of peak demand.

Floor votes · Senate Mar 27, 2025

How they voted

2111
Passed · 1 other
Total votes 33
Mar 27, 2025
D Democratic2
2 Nay
100% Nay
R Republican31
21 Yea 9 Nay 1
67% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
2
Committee
2
Mar 27, 2025
Committee
To House Energy and Public Works
lower
Mar 27, 2025
Introduced
Introduced in House
lower
Mar 27, 2025
Upper · Passed
Passed Senate (Roll No. 192)
upper
Mar 24, 2025
Upper · Passed
Committee substitute reported, but first to Government Organization
upper
Feb 14, 2025
Introduced
Introduced in Senate
upper
0 primary · 3 co-sponsors

Sponsors

No sponsor information available.