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APCO WV Supreme Court Appeal



April 5, 2024 - For your review and consideration is a scheduling order and memo from Jake Altmeyer, the Association's lawyer before the PSC, informing of the status of the appeal by Appalachian Power Company (APCo) and Wheeling Power Company (WPCo) of a decision issued by the WV Public Service Commission in January this year.  The memo also outlines the briefing schedule released by the Supreme Court including an April 15 deadline for filing an Amicus Brief by interested parties.   

In its January decision, the Commission disallowed $231.8 million of the $552.9 million the joint companies requested in Expanded Net Energy Costs (ENEC) or under-recoveries.  The Commission maintains the Petitioners incurred the total amount imprudently by a lack of action to maintain fuel inventories and fuel supplies that would have allowed them to generate power at their power plants during periods when the PJM energy prices were much higher than the cost of self-generation.

 

In its appeal to the state's high court, the companies argue the PSC failed to apply the correct legal standards and exceeded its authority in denying the company's ENEC proposal.  

 

The Association was an intervenor in the case when it was before the PSC and was generally supported of the utilities but for their coal procurement practices and coal supply predictive modeling.