West Virginia House passes energy act repeal overwhelmingly

CHARLESTON, W.VA. — The West Virginia House of Delegates overwhelmingly passed a repeal of an energy portfolio Thursday, which is poised to become the first bill the newly-minted GOP Legislature sends to Democratic Gov. Earl Ray Tomblin.

The House voted 95-4 Thursday to repeal the Alternative and Renewable Energy Portfolio Standard. House Republicans and some Democrats called it a free-market move that helps the struggling Central Appalachian coal industry.

Other Democrats labeled the repeal a political stunt.

Some of the biggest stakeholders have said the law doesn't affect them, whether it exists or not. The coal and power industries helped write it in the first place.

The Senate cleared almost the same bill Wednesday. A quick procedural vote Friday would send the bill to Tomblin for his approval or veto.

"The purpose of the bill is, if we save just one coal miner's job, it's well worth it," said Del. John Shott, R-Mercer.

The requirements were signed into law in 2009 when Democratic U.S. Sen. Joe Manchin was governor. The standard requires utilities serving at least 30,000 residential customers to generate 25 percent of their electricity with renewable or alternative power sources by 2025. City-owned utilities and rural electric cooperatives are exempt.

But alternative energy source is defined broadly, from a variety of coal-burning technologies and natural gas, to fuel from burning tires. The vast majority of power generation earning credits under the law is from some form of coal, according to the Public Service Commission.

FirstEnergy official Sammy Gray has said his company could comply with requirements without increased costs, lost jobs, higher rates or business plan changes. A spokeswoman for Appalachian Power, which helped write the standard, said there would be no increased costs to customers.

The West Virginia Coal Association also helped craft the law and, until recently, had defended it. Last week, association president Bill Raney said the scenario has changed, with increased federal regulation and legal action affecting the industry.

Gov. Tomblin has said he didn't think the repeal would make a big difference.

The GOP is also trying use the law against Manchin, since he may run for governor again. Last election, right-leaning groups bashed state candidates for the law, though many Republicans also voted for it.

The GOP then secured control of the Legislature for the first time in more than eight decades.

"This is just political theater, this piece of legislation," said Del. Nancy Guthrie, D-Kanawha, who voted against the repeal. "If not, you would have had to apologize for all of the nasty, negative mailers that you sent out against all of us, calling us Obama lovers."