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Clay County Commission urges PSC to force Black Diamond sale to APCo

CLAY, W.Va. — The Clay County Commission supports action to force Black Diamond Power to sell to Appalachian Power Company.

The commission filed a letter with the Public Service Commission on September 30 voicing its concern that BDP is attempting to change course on a potential sale. The PSC ordered Black Diamond and APCo to set a timeline for sale at a hearing on September 21.

“The Clay County Commission wants to make its position absolutely clear. We strongly support and urge the Public Service Commission to continue moving forward with the process necessary to require the sale and transfer of Black Diamond Power Company to Appalachian Power Company,” the letter said.

A general investigation into the Clay-based utility last year after numerous complaints were addressed to the PSC. APCo and BDP entered into initial sale discussions earlier this year, but the PSC was forced to step in again when Appalachian Power informed the commission discussions had broken down.

Black Diamond already purchases the power it distributes from APCo. The Clay County Commission’s letter expresses its belief that Appalachian would better serve residents.

“Our citizens and businesses should not continue to bear the consequences of an issue they did not create and cannot resolve themselves. They depend upon the Public Service Commission and their elected representatives to protect the public interest and ensure that the essential utility services are provided in a reliable and sustainable manner,” the letter said.

APCo informed the PSC that it has a draft of a possible purchase agreement together but was conducting due diligence before moving forward with the acquisition. Black Diamond owes more than $3 million in back payments for purchased power, and Appalachian previously asked that the company be put into receivership.

House Speaker Roger Hanshaw, R-Clay, and state Sen. Brian Helton, R-Fayette, have repeatedly voiced their displeasure with Black Diamond’s operating practices. The commission’s letter urges the PSC to act swiftly.

“We respectfully ask the Public Service Commission to act decisively and bring this matter to a conclusion by moving forward with the sale and transfer of Black Diamond Power Company to Appalachian Power Company as expeditiously as legally possible,” it said.

Commission President Joyce Johnson, as well as commissioners David Schoolcraft and Duane Legg, signed the letter sent to the PSC.





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