West Virginia § 5D-1-5c Approval of decommissioning or deconstructing an existing power plant

West Virginia Statutes

§ 5D-1-5c — Approval of decommissioning or deconstructing an existing power plant

West Virginia·Ch. 5D PUBLIC ENERGY AUTHORITY ACT·Art. 1 PUBLIC ENERGY AUTHORITY OF THE STATE OF WEST VIRGINIA

(a)No existing coal, oil, or natural gas fueled power plant shall undertake any decommissioning or deconstructing activities prior to obtaining approval from the authority:Provided, That such approval may not be unreasonably withheld.

(b)The authority may approve the decommissioning or deconstructing of an existing coal, oil, or natural gas fueled power plant upon the submission of a petition containing, at a minimum, the following information:

(1)An analysis by an authority approved third party that evaluates the social, environmental, and economic impact at a local and statewide level of such decommissioning and deconstruction; and

(2)Potential alternatives to the decommissioning and deconstruction, including the reconstruction that make use of other technologies, including novel

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(a) No existing coal, oil, or natural gas fueled power plant shall undertake any decommissioning or deconstructing activities prior to obtaining approval from the authority:Provided, That such approval may not be unreasonably withheld.

(b) The authority may approve the decommissioning or deconstructing of an existing coal, oil, or natural gas fueled power plant upon the submission of a petition containing, at a minimum, the following information:

(1) An analysis by an authority approved third party that evaluates the social, environmental, and economic impact at a local and statewide level of such decommissioning and deconstruction; and

(2) Potential alternatives to the decommissioning and deconstruction, including the reconstruction that make use of other technologies, including novel technologies and green technologies as alternative fuel sources.

(c) The authority shall propose rules for legislative approval and promulgate emergency rules in accordance with the provisions of §29A-3-1et seq. of this code to implement this section, including exempting power plants that have been non-producing for at least five years prior to the effective date of this section.

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