Virginia Electric & Power Co. v. Public Service Commission of W. Va.

Neely, Justice:

This case presents two issues of law: first, whether the Public Service Commission of West Virginia must give a hearing to a public utility in this State before revising that utility’s tariff; and, second, whether the Public Service Commission may revise a public utility’s tariff retroactively and require the utility to make refunds to its customers based on the retroactive revision of the tariff. We hold that a hearing is mandated before any tariff revision may be made, and that revised tariffs cannot be applied retroactively.

On 26 May 1978 the Public Service Commission of…