West Virginia repeals the alternative and renewable energy portfolio standard

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Courtesy of Bergeson & Campbell, P.C.

On February 3, 2015, West Virginia repealed the Alternative and Renewable Energy Portfolio Act that was originally passed and adopted in 2009. This Act (the Standard) required utilities serving 30,000 residential customers or more to generate at least 25 percent of their electricity from renewable sources by 2025. To be in compliance with the Standard, utilities could use coal (e.g., advanced coal technologies and waste coal), natural gas, and fuel generated from burning tires as alternative energy sources. This broad definition of what constituted renewable and alternative energy made the Standard easy to comply with, and utilities did not have issues reaching the benchmark percentages that were outlined in the legislation. The Governor of West Virginia, Earl Ray Tomblin (D), stated that the Standard was repealed because it was no longer economically beneficial for West Virginia.

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