West Virginia sues Pennsylvania over restrictions on out-of-state energy credits

West Virginia’s attorney general, JB McCuskey, sued Pennsylvania in federal court, accusing the Pennsylvania Public Utility Commission of unlawfully restricting the sale of energy credits to out-of-state producers. The lawsuit asserts that the commission’s rules breach the Commerce Clause by giving Pennsylvania generators an advantage over businesses from other states. Named defendants include PUC chairman Stephen DeFrank and vice chair Kimberly Barrow.

West Virginia says the restrictions have excluded at least ten of its power producers from the market, costing the state millions in lost sales. The state seeks a court order to remove the in-state limits and allow producers across the PJM Interconnection to compete freely. The suit does not challenge Pennsylvania’s overall 18% renewable-energy requirement.