West Virginia First Energy Act
House Bill 4991, titled the West Virginia First Energy Act, would create a new article in state code directing the Public Service Commission to favor continued operation of in-state coal- and natural-gas-fired generation. The bill’s stated purpose is to improve electric-rate stability, reliability, and energy security by requiring regulated coal plants to maintain at least a 69% utilization rate on a rolling 12-month average and by requiring coal plants to keep at least 30 days of on-site coal inventory. Natural-gas plants would have to maintain firm fuel-supply or pipeline arrangements sufficient for peak demand.
The bill also places major limits on utility decisions to retire or reduce coal or natural-gas capacity, requiring PSC approval and a finding that rates, market volatility, and reliability will not worsen, and that an equal or greater in-state dispatchable replacement is already operating. It further restricts utilities from recovering costs in rates for new intermittent generation such as wind or solar, and bars utilities that are not meeting the coal and fuel-supply requirements from entering new power-purchase agreements for intermittent resources. The PSC would also be required to review PJM capacity auctions, incorporate coal and gas analysis into integrated resource plans, and coordinate reporting with the Department of Commerce and the Electric Grid Stabilization and Security Fund.
If enacted, the bill would significantly alter utility regulation in West Virginia by shifting PSC oversight toward preserving coal and natural-gas generation and away from new intermittent generation investment. It would create enforceable operational standards for coal plants, fuel-security requirements for gas plants, and a new approval framework for plant retirements, rate increases, and cost recovery. The bill would also affect utility planning, rate cases, integrated resource plans, PJM market participation, and the use of the Electric Grid Stabilization and Security Fund, while adding reporting obligations on utilities and state agencies.
The bill’s stated and implied sentiment is strongly supportive of fossil-fuel generation, especially West Virginia coal and natural gas, and frames those resources as essential to affordability, reliability, and state economic interests. Because there are no committee transcripts or recorded votes provided, there is no documented legislative debate or vote history to show broader support or opposition. The text itself suggests a policy preference for maintaining existing dispatchable generation and limiting utility movement toward wind and solar.
The main points of contention are likely to be the bill’s mandatory coal utilization target, the fuel-inventory and firm-supply requirements, and the restrictions on retiring plants or recovering costs for wind and solar projects. Utilities and clean-energy advocates could object that the bill limits resource planning flexibility, interferes with market-based decisions, and may discourage renewable investment. Supporters would likely argue that the bill protects reliability, rate stability, and jobs in coal and natural gas, while opponents would likely focus on potential cost, market, and clean-energy transition impacts.