Dear Lawmaker:
On behalf of Americans for Prosperity – West Virginia and our activists across the state, I urge you to support Senate Bill 505, the Reliable and Affordable Energy Act. We may include these votes in our 2025 legislative scorecard.
This legislation will protect electric utility ratepayers from paying for electric generation and transmission that does not meet reliability standards while incentivizing the use of reliable power generation methods and shoring up grid stability.
As an energy state, reliable, affordable energy is a cornerstone of West Virginia’s history and traditions. Sadly, former President Biden’s failed economic agenda—which had as it’s cornerstone a forced energy transition away from reliable sources of power—has artificially propped up unreliable energy sources at the expense of West Virginian ratepayers. Wind and solar generate less electricity less reliably than does coal, nuclear, and natural gas. Despite this fact, utilities can frequently recover the full cost of these unreliable assets while still earning a profit—in part, by passing these costs off to ratepayers.
While Senate Bill 505 does not preclude companies from building more wind and solar resources, it takes bold steps to protect ratepayers from being billed for assets that do not reliably generate electricity. The bill ensures that, when it comes to ratepayers’ electricity bills, you only pay for what you get.
Under the bill’s provisions, an electric utility can construct and operate assets that do not meet reliability standards, but its ratepayers would no longer be forced to pay for that construction and operation. The costs for those assets would, instead, be borne by the utility from its own business revenues.
In its application for a rate increase, an electric utility would be required to submit evidence and prove by a “clear and convincing” standard, that what it proposes to do will meet reliability standards.
An electric utility would have to provide the Public Service Commission information about the reliability of all assets it proposes to add to or retire from its fleet.
Before a reliable generation asset – i.e., a coal fired unit or a gas fired unit – is scaled down or retired, the utility would need to provide the Public Service Commission information about how that that scale down or retirement would impact grid reliability.
If the electric utility fails to prove that its proposal meets reliability standards, the utility commission can deny part or all of its requests for recovery of costs through rates.
I urge you to support Senate Bill 505, the Reliable and Affordable Energy Act. We may include these votes in our 2025 legislative scorecard.
Sincerely,
Jason Huffman
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