UTEC

A forum to discuss issues of interest to UTEC members.

Issue Summary: The Department of Revenue is currently exploring the current tax structure and revenues generated from the current communications tax structure. The telecommunications members have an interest in monitoring this study and perhaps making recommendations to the Department and/or Administration on ways to improve the current structure.

Issue Summary: Last session the WV Legislature adopted the Emergency Notification Bill that will impact most UTEC members. The Legislature will now begin crafting the rules for this bill to be considered in the 2010 session. UTEC members need to work closely with one another once the draft rules are released to determine if a firm policy position needs to be adopted.

Issue Summary: The West Virginia Department of Environmental Protection has recently explored adding a total dissolved solids requirement in future permitting. Allegheny is the first utility to experience the DEP’s intentions and other NPDES permits may be subject to similar requirements. The issue may affect power generators and natural gas operators, particularly those operating in North Central West Virginia.

Issue Summary: Last session UTEC successfully passed the second phase of the Utility Trespass / Copper Theft Bill. UTEC may consider even further expanding this legislation to insert a pay by check requirement and/or placing a 5-day hold on checks. These additions could help strengthen the current law to further deter copper and other materials theft.

Issue Summary: The West Virginia Department of Highways has initiated a practice of holding utilities responsible for roadway maintenance and repair. The precedent has been set and both Dominion and Allegheny have been approached by the DOH concerning the matter. The DOH is requiring an agreement that would hold the utility responsible for repairs. It is feared that the DOH may begin to assess utilities for routine maintenance and not simply repairs required due to utility use.

Issue Summary: The Public Service Commission’s recent precedent setting rulings on tax recovery is globally objected to by UTEC members. The Commission ruling disallows the recovery of taxes paid to out of state affiliates and the issue has affected at least three recent rate cases: American Water, Allegheny Power and Appalachian Power. UTEC may consider a legislative fix to address this issue.