CHARLESTON, W.Va. — The West Virginia Supreme Court has affirmed the broad regulatory authority of the state Public Service Commission, ruling that the PSC acted within its powers when it reopened a Raleigh County water‑service case involving Beckley Water Company.
In a unanimous opinion issued Monday, Chief Justice C. Haley Bunn wrote that the PSC was legally permitted to revisit and modify its earlier decision in a dispute over which provider — Beckley Water or the City of Mount Hope — could serve an area known as Appalachian Heights.
The court reiterated its long‑held position that PSC orders are subject to a “highly deferential” standard of review because of the complex and technical nature of utility regulation. State law, the justices noted, allows the Commission to revise its own final orders unless overturned by a court.
The ruling confirms that the PSC has authority to modify previous determinations and is not bound by its own precedent. In this case, the Commission ultimately determined that Mount Hope should provide water service to the disputed location.
PSC Chairman Charlotte R. Lane said the decision underscores the intricate work involved in utility regulation. “Our Commission is pleased by the ruling since it clearly states the complex nature of cases with which the Commission deals,” Lane said.
The case originated from a jurisdictional challenge filed by Beckley Water Company.
