W. Va. Code » §24-2-7. Unreasonable, etc., regulations, practices and services; receivership; procedures respecting receivership; appointment and compensation of receiv
West Virginia Code

W. Va. Code § 24-2-7 (2026)

Unreasonable, etc., regulations, practices and services; receivership; procedures respecting receivership; appointment and compensation of receiver; liquidation

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.

§24-2-7. Unreasonable, etc., regulations, practices and services; receivership; procedures respecting receivership; appointment and compensation of receiver; liquidation.

(a) Whenever, under the provisions of this chapter, the commission shall find any regulations, measurements, practices, acts or service to be unjust, unreasonable, insufficient or unjustly discriminatory, or otherwise in violation of any provisions of this chapter, or shall find that any service is inadequate, or that any service which is demanded cannot be reasonably obtained, the commission shall determine and declare, and by order fix reasonable measurement, regulations, acts, practices or services, to be furnished, imposed, observed and followed in the state in lieu of those found to be unjust, unreasonable, insufficient, or unjustly discriminatory, inadequate or otherwise in violation of this chapter, and shall make such other order respecting the same as shall be just and reasonable.

(b) If the Public Service Commission shall determine that any utility is unable or unwilling to adequately serve its customers or has been actually or effectively abandoned by its owners, or that its management is grossly and willfully inefficient, irresponsible or unresponsive to the needs of its customers, the commission may petition to the circuit court of any county wherein the utility does business for an order attaching the assets of the utility and placing such utility under the sole control and responsibility of a receiver. If the court determines that the petition is proper in all respects and finds, after a hearing thereon, that the allegations contained in the petition are true, it shall grant the same and shall order that the utility be placed in receivership. The court, in its discretion and in consideration of the recommendation of the commission, shall appoint a receiver who shall be a responsible individual, partnership or corporation knowledgeable in public utility affairs and who shall maintain control and responsibility for the running and management of the affairs of the utility. In so doing, the receiver shall operate the utility so as to preserve the assets of the utility and to serve the best interests of its customers. The receiver shall be compensated from the assets of said utility in an amount to be determined by the court.

(c) Control of and responsibility for said utility shall remain in the receiver until the same can, in the best interest of the customers, be returned to the owners, transferred to other owners or assumed by another utility or public service corporation: Provided, That if the court after hearing, determines that control of and responsibility for the affairs of the utility should not, in the best interests of its customers, be returned to the legal owners thereof, the receiver shall proceed to liquidate the assets of the utility in the manner provided by law.

(d) The laws generally applicable to receivership shall govern receiverships created pursuant to this section.

Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 1983–2025 · leading case: State Ex Rel. Pub. Serv. Comm'n v. Town of Fayetteville, Mun. Water Works, 573 S.E.2d 338 (W. Va. 2002).
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State Ex Rel. Pub. Serv. Comm'n v. Town of Fayetteville, Mun. Water Works, 573 S.E.2d 338 (W. Va. 2002). · cites it 2× “2001), which provides: Whenever, under the provisions of this chapter, the [PSC] shall find any regulations, measurements, practices, acts or services to be unjust, unreasonable, insufficient or unjustly discriminatory, or otherwise in violation of any provisions of this…”
C & P Tel. Co. v. Pub. Serv. Comm'n, 301 S.E.2d 798 (W. Va. 1983). “Utilities must supply information requested by the Commission, W.Va.Code, 24-2-7 and 24-2-9, and it need not be in the form of the company’s account books.”
Mason Cnty. Pub. Serv. Dist. v. The Pub. Serv. Comm'n of West Virginia & Ralph & Carla Huff, 885 S.E.2d 161 (W. Va. 2022). · cites it 8× “As 18 W. Va. Code § 24-2-7 (a). Syl. Pt. 1, W. Va.”
Mason Cnty. Pub. Serv. Dist. v. The Pub. Serv. Comm'n of West Virginia & Ralph & Carla Huff, 885 S.E.2d 161 (W. Va. 2022). · cites it 7× “(2) Regulation of measurements, practices, acts, or services, as granted and described in § 24-2-7 of this code; .... (7) Customers of water and sewer utilities operated by a political subdivision of the state may bring formal or informal complaints regarding the commission’s…”
SWVA, Inc. v. Huntington Sanitary Bd. & City Council of the City of Huntington, No. 17-0120 (W. Va. Nov. 14, 2017). · cites it 3× “Although not raised in its brief, SWVA contended at oral argument that the delegation to the local sanitary board in §24-2-11(l) somehow abrogates the general jurisdiction of the PSC set forth in § 24-2-7(a). We decline to adopt that view.”
SWVA, Inc. v. Huntington Sanitary Bd. & City Council of the City of Huntington, No. 17-0120 (W. Va. Dec. 15, 2017). · cites it 3× “Although not raised in its brief, SWVA contended at oral argument that the delegation to the local sanitary board in §24-2-11(l) somehow abrogates the general jurisdiction of the PSC set forth in § 24-2-7(a). We decline to adopt that view.”
Jefferson Cnty. Citizens for Econ. Pres., Shenandoah Junction Pub. Sewer, Inc. v. Pub. Serv. Comm'n of W. Va., 820 S.E.2d 618 (W. Va. 2018). · cites it 3× “Under West Virginia Code § 24-2-7(b) (2015), the Public Service Commission "may" petition the circuit court of the county in which a public utility operates to place the utility's assets in a receivership upon a finding that the utility is "unable or unwilling" to adequately…”
Timberline Four Seasons Utils., Inc., No. 2:21-bk-00125 (Bankr. N.D. W. Va. Oct. 25, 2021). · cites it 2× “Notably, this date is several months after the Tucker County Court exercised jurisdiction over the Debtor and its assets under W. Va. Code § 24-2-7 (b) when it appointed a receiver in March 2019.”
Gauley River PSD v. Pub. Serv. Comm'n of WV, No. 24-696 (W. Va. May 22, 2025). “14 (3) Appointment of a receiver to assure the provision of adequate, efficient, safe and reasonable service and facilities to the public pursuant to § 24-2-7(b) of this code; (4) Merger of the water or wastewater utility with one or more other public utilities, subject to the…”
Huntington Sanitary Bd. v. Pub. Serv. Comm'n of West Virginia & Hubbard Heights Subdivision Ass'n, No. 24-637 (W. Va. May 23, 2025). “subject to the approval of the applicable county commission(s) or municipal government; (2) Operation of the distressed utility by another public utility or management or service company under a mutually agreed arms-length contract; (3) Appointment of a receiver to assure the…”
Wetzel Cnty. Solid Waste Auth. v. Pub. Serv. Comm'n, 633 S.E.2d 286 (W. Va. 2006). “The language of West Virginia Code § 24-2-7(a) makes clear that upon a determination that any act is “in violation of any provisionf ] of this chapter,” the PSC is compelled to take action to force compliance with the governing statutory provisions.”
W. Va. Code § 24-2-7(a): 6 cases
State Ex Rel. Pub. Serv. Comm'n v. Town of Fayetteville, Mun. Water Works, 573 S.E.2d 338 (W. Va. 2002). “2001), which provides: Whenever, under the provisions of this chapter, the [PSC] shall find any regulations, measurements, practices, acts or services to be unjust, unreasonable, insufficient or unjustly discriminatory, or otherwise in violation of any provisions of this…”
Mason Cnty. Pub. Serv. Dist. v. The Pub. Serv. Comm'n of West Virginia & Ralph & Carla Huff, 885 S.E.2d 161 (W. Va. 2022). “(2) Regulation of measurements, practices, acts, or services, as granted and described in § 24-2-7 of this code; .... (7) Customers of water and sewer utilities operated by a political subdivision of the state may bring formal or informal complaints regarding the commission’s…”
Mason Cnty. Pub. Serv. Dist. v. The Pub. Serv. Comm'n of West Virginia & Ralph & Carla Huff, 885 S.E.2d 161 (W. Va. 2022). “As 18 W. Va. Code § 24-2-7 (a). Syl. Pt. 1, W. Va.”
SWVA, Inc. v. Huntington Sanitary Bd. & City Council of the City of Huntington, No. 17-0120 (W. Va. Nov. 14, 2017). “Although not raised in its brief, SWVA contended at oral argument that the delegation to the local sanitary board in §24-2-11(l) somehow abrogates the general jurisdiction of the PSC set forth in § 24-2-7(a). We decline to adopt that view.”
SWVA, Inc. v. Huntington Sanitary Bd. & City Council of the City of Huntington, No. 17-0120 (W. Va. Dec. 15, 2017). “Although not raised in its brief, SWVA contended at oral argument that the delegation to the local sanitary board in §24-2-11(l) somehow abrogates the general jurisdiction of the PSC set forth in § 24-2-7(a). We decline to adopt that view.”
W. Va. Code § 24-2-7(b): 3 cases
Jefferson Cnty. Citizens for Econ. Pres., Shenandoah Junction Pub. Sewer, Inc. v. Pub. Serv. Comm'n of W. Va., 820 S.E.2d 618 (W. Va. 2018). “Under West Virginia Code § 24-2-7(b) (2015), the Public Service Commission "may" petition the circuit court of the county in which a public utility operates to place the utility's assets in a receivership upon a finding that the utility is "unable or unwilling" to adequately…”
Gauley River PSD v. Pub. Serv. Comm'n of WV, No. 24-696 (W. Va. May 22, 2025). “14 (3) Appointment of a receiver to assure the provision of adequate, efficient, safe and reasonable service and facilities to the public pursuant to § 24-2-7(b) of this code; (4) Merger of the water or wastewater utility with one or more other public utilities, subject to the…”
Huntington Sanitary Bd. v. Pub. Serv. Comm'n of West Virginia & Hubbard Heights Subdivision Ass'n, No. 24-637 (W. Va. May 23, 2025). “subject to the approval of the applicable county commission(s) or municipal government; (2) Operation of the distressed utility by another public utility or management or service company under a mutually agreed arms-length contract; (3) Appointment of a receiver to assure the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.