|
|
|
|
|
Bill Proposed In West Virginia Would Allow Large Customers, & Non-residential Aggregations, To Take Competitive Electric Supply
The following story is brought free of charge to readers by VertexOne, the exclusive EDI provider of EnergyChoiceMatters.com
SB 733 has been introduced in the West Virginia Senate to allow non-residential customers with demands greater than 1 MW, including aggregations of non-residential customers, to purchase competitive electricity supply, subject to a choice participation cap set by the state's PSC
Specifically, eligible customers would be permitted to, "purchase all or a portion of its electric power from an entity other than the incumbent electric utility, including directly from the competitive wholesale electricity market via a competitive service provider or other eligible third-party supplier[.]"
SB 733 would authorize the use non-residential customer aggregation to reach the 1 MW threshold, as follows: "One or more non-residential retail customers may meet the peak demand threshold of this section by aggregating loads at contiguous or non-contiguous sites located within the state. Individual non-residential retail customers may form an aggregation program to procure bulk power as a group. For purposes of qualification, the 1-megawatt threshold for the aggregated group of accounts may utilize the sum of each account’s annual non-coincident peak demand."
A cap, or load capacity allowance, would be imposed on the amount of load engaged in competitive supply
The PSC would set such cap annually, but SB 733 would require that the cap shall be no less than 20% of the total weather-adjusted retail sales for the preceding calendar year for each utility. Any update to the cap by the PSC would only be permitted to result in an increase to the cap, and not a decrease
If a utility’s choice cap allowance is fully subscribed for two consecutive years, and the PSC has not completed a required hearing concerning revising the cap, then the cap shall automatically increase annually by a minimum of 10 percent, SB 733 provides
The cap would not apply to new or expanded load of a customer already taking choice service under the cap, and specifically would not apply to new facilities of such customer
SB733 would require that competitive suppliers shall post a bond or other financial surety instrument of no less than $1 million
A $10,000 annual licensing fee would also apply to competitive suppliers
The conditions and limitations described above that would apply to competitive supply would expressly not apply to or inhibit any rights for customers to use co-located generation
"West Virginia’s economic future depends on having reliable, affordable electricity," said Sen. Patricia Rucker, sponsor of Senate Bill 733."When rising energy costs make it harder for major employers to do business, it puts jobs, wages, and future investment at risk for West Virginians. This legislation gives employers more flexibility to manage their energy costs, while protecting families and small businesses from the risks of energy intensive businesses. This is a practical, market-driven approach that encourages investment, supports job creation, and helps ensure our state has the power it needs for the future."
The Retail Energy Advancement League (REAL) applauded Sen. Rucker, "for championing legislation that will provide commercial and industrial businesses with a choice in their power supply."
REAL said that West Virginia continues to rank second worst -- out of all states -- in electricity price percentage change since 2008.
"The concept is simple: allow large energy users to have direct access to an energy marketplace to meet their electricity needs the same way utility companies do," said Chris Ercoli, president and CEO of the Retail Energy Advancement League."Allowing large energy users to access competitive electric supply is a practical solution that can reduce their cost pressures, encourage new power generation from independent power producers, and ease the strain on utility systems — benefiting all ratepayers in the long run. We applaud Sen. Rucker for her comprehensive approach to help support West Virginia’s energy needs."
"West Virginia manufacturers depend on affordable, reliable electricity to compete, grow, and keep people working," said Bill Bissett, president of the West Virginia Manufacturers Association. "Energy costs are one of the biggest factors in whether manufacturers can grow and remain competitive. This legislation gives employers greater control over costs and reliability. It’s a smart, pro-jobs solution that builds on last year’s microgrid law and expands energy control to more in-state manufacturers. With this bill, lawmakers can strengthen our economy, protect jobs, and ensure West Virginia businesses remain competitive."
ADVERTISEMENT Copyright 2026 EnergyChoiceMatters.com. Unauthorized copying, retransmission, or republication
prohibited. You are not permitted to copy any work or text of EnergyChoiceMatters.com without the separate and express written consent of EnergyChoiceMatters.com
February 6, 2026
Email This Story
Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
NEW Jobs on RetailEnergyJobs.com:
• NEW -- Billing Analyst - Retail Supplier
• NEW -- Manager, ISO Coordination (electricity), Retail Supplier
• Refreshed 2/2/26 -- Account Executive (Commercial Retail Energy)
|
|
|
|
|