W.Va. Still Weighing Tax On New Power Lines

LAWRENCE MESSINA

CHARLESTON, W.Va. (AP) — West Virginia lawmakers are unlikely to get any legal advice from the state Supreme Court as they consider Gov. Joe Manchin's proposed tax on new high-voltage power lines, a regulatory lawyer said Tuesday.

Richard Hitt, counsel to the Public Service Commission, also told the interim Joint Finance Committee subpanel that his agency cannot delay its review of one of two potentially affected projects, even though it recently bogged down in neighboring Maryland.

Manchin requested a bill this year to apply a state business tax on electric transmission lines that carry at least 450 kilovolts over at least 50 miles within the state. It failed during the regular session, but lawmakers are studying the proposal in advance of the 2010 session.

Administration officials argue that as introduced, Manchin's proposal would pass constitutional muster. But Delegate Nancy Guthrie suggested asking the state's high court whether the tax would violate the U.S. Constitution's protection of interstate commerce.

The Kanawha County Democrat questioned the logic of enacting the tax only to see a power company successfully sue to block it.