| Opening Note
The Well is where conversations happen at the Capitol — where legislators, lobbyists, and staff compare notes, test the mood, and figure out what matters. This briefing is built the same way: a fast, disciplined read on what is moving in West Virginia government before the day begins.
THE LEAD
Pleasants Power Station owner enters Chapter 11 with $50 million state loan among major debts
Omnis Pleasants LLC filed for Chapter 11 bankruptcy protection in Delaware as it seeks to restructure and sell the Pleasants Power Station. Court filings list more than $70 million in debt, consisting primarily of a $50 million low-interest loan from the West Virginia Economic Development Authority.
Omnis said the plant will continue operating and meeting its obligations to PJM, employees and vendors during the proceeding. The company said it aims to repay West Virginia in full, but the restructuring places the state’s financial exposure at the center of the case. A first-day bankruptcy hearing is scheduled for 1 p.m. Wednesday in Wilmington, Delaware.
Omnis acquired the coal-fired plant in 2023 with plans to produce hydrogen and graphite from coal, but the proposed conversion has not reached the operating level the company initially projected. The plant previously benefited from a state tax break estimated at $12 million annually.
Dominion proposes 2.6-gigawatt natural gas plant beside existing Mt. Storm coal station
Dominion Energy announced plans for a 2.6-gigawatt combined-cycle natural gas generating station in Grant County. The proposed facility would be built beside Dominion’s existing 1.6-gigawatt coal-fired Mt. Storm Power Station, which the company says will remain in operation.
Dominion projects more than 1,400 construction jobs, 150 permanent positions, $259 million in economic activity for Grant and Tucker counties during construction and nearly $950 million in Grant County tax revenue during the plant’s first 36 years. The electricity would primarily serve Dominion customers in Virginia, with excess generation entering the PJM regional grid.
The project remains subject to regulatory approvals. Dominion submitted an air-quality permit application to the West Virginia Department of Environmental Protection last week and is targeting a 2034 opening. The proposal is being counted toward Gov. Patrick Morrisey’s goal of increasing West Virginia generation capacity to 50 gigawatts by 2050.
PSC proposal could change how West Virginia power plants participate in PJM markets
A proposed Public Service Commission legislative rule would require extensive utility reporting on generation dispatch, fuel supplies and participation in PJM’s energy and capacity markets. The rule also says utilities should maintain generating plants to achieve at least a 69% capacity factor and should use PJM self-scheduling provisions rather than relying exclusively on PJM to accept or reject their output.
Self-scheduled plants may operate during hours when the market price is below their production cost. Supporters contend the approach could preserve generation, coal consumption and grid reliability. Critics, including natural gas interests and some lawmakers, warn that forcing higher-cost plants to run could increase expenses borne by utility customers.
Written comments on the PSC proposal are due by 4 p.m. Aug. 20. The rule would then move through the Legislative Rule-Making Review Committee and ultimately require legislative approval.
STATE GOVERNMENT, COURTS AND PUBLIC POLICY
Federal judge gives Justice family until Aug. 7 to close Greenbrier refinancing
U.S. District Judge Frank Volk granted the Justice family additional time to complete a proposed $500 million refinancing transaction involving The Greenbrier, while establishing a schedule for renewed court proceedings if the financing does not close.
White Sulphur Springs Holdings, an Omni Hotels affiliate that holds approximately $300 million in first-lien debt, has asked Volk to appoint a receiver to oversee the resort. The Justice family says financing from Kennedy Lewis Investment Management would pay creditors and provide capital for hotel improvements.
Status reports were ordered for July 28 and July 31. If the transaction is not completed by Aug. 7, Volk has scheduled a Sept. 3 prehearing conference, a Sept. 9 deadline for proposed findings and a Sept. 16 evidentiary hearing.
State Supreme Court ruling could determine venue standards in prominent criminal cases
The trial of a Kanawha County ambulance driver accused in the death of an Elkview man has been postponed while courts await a potentially precedent-setting ruling from the West Virginia Supreme Court of Appeals.
The justices are considering an appeal by Natalie Cochran, who argues that extensive publicity required moving her murder trial outside Raleigh County. Kanawha County Circuit Judge Dave Hardy said the decision could guide his handling of a similar venue request by Alyssa Middleton, who is charged with voluntary manslaughter, aggravated vehicular homicide and leaving the scene of a fatal accident.
Middleton’s case also remains delayed while prosecutors and defense attorneys await the medical examiner’s report and other evidence. A status hearing is scheduled for Sept. 11.
Aaron Holley formally takes House seat representing Cabell County district
Aaron Holley took the oath of office Tuesday as a member of the West Virginia House of Delegates. Morrisey appointed Holley to represent the 22nd District after former Delegate Daniel Linville resigned to become the governor’s director of special projects.
Holley defeated Linville by three votes in the May Republican primary and has no Democratic opponent listed for the November general election. His swearing-in allows him to serve for the remainder of Linville’s current term as well as participate in upcoming interim meetings or any special session.
AGENCIES, HEALTH AND LOCAL GOVERNMENT
NIOSH abruptly cancels Morgantown black lung screenings
The National Institute for Occupational Safety and Health canceled free black lung screenings scheduled Tuesday through Thursday at Mylan Park in Morgantown. NIOSH did not provide a reason for the cancellation.
The mobile clinic was expected to provide chest X-rays, breathing tests, blood-pressure checks and occupational health questionnaires to current and former coal miners. The federally administered Coal Workers’ Health Surveillance Program is intended to detect coal workers’ pneumoconiosis and other respiratory diseases at an early stage.
The cancellation warrants continued attention because the event served miners from across West Virginia’s coalfields and no replacement dates were announced.
WVU Medicine contributes $9 million for Monongalia County public health programs
WVU Medicine presented $9 million to the Monongalia County Commission for programs operated through the Monongalia County Health Department.
The funding is expected to support maternal health services, vaccine clinics, the Smile Express mobile dental program, cervical cancer screening, naloxone training and nutrition counseling. Some services will be offered from the department’s new headquarters at White Birch Towers in Morgantown.
The contribution represents a significant infusion of private health-system funding into county-administered preventive health services.
State opens $10 million in rural health and substance-use treatment funding
Gov. Patrick Morrisey announced $10 million in new funding opportunities to expand substance-use disorder treatment and introduce value-based health care models in rural West Virginia.
The funding includes $2.5 million to design and administer statewide payment models that reward improved patient outcomes, $1.5 million to develop supporting care-system infrastructure and $6 million to expand evidence-based prevention, treatment and recovery programs.
The initiative will initially focus on communities disproportionately affected by substance use disorder and related health challenges. Eligible health care providers, health plans and community organizations will be encouraged to improve treatment participation, coordinate services, reduce avoidable emergency department visits and help people in recovery return to the workforce.
The funding is being offered through the Smart Care Catalyst component of West Virginia’s Rural Health Transformation Program. The latest round brings the total value of funding opportunities announced through the program to more than $160 million. Applicants may obtain solicitation materials through the state’s procurement and grants-management system.
$58.7 million Wheeling waterfront redevelopment breaks ground
State and local officials broke ground on the J.C. Lando redevelopment along Wheeling’s waterfront. The $58.7 million private project is expected to include a boutique hotel, residences, restaurants, retail space, conference facilities and public gathering areas.
West Virginia is supporting the development through tourism tax credits and financing from the Economic Development Authority. Developers project approximately 465 construction jobs and $88 million in statewide economic activity during construction. Once operating, the project is expected to support about 187 jobs and generate nearly $23 million in annual economic activity.
The development is part of a broader effort to reposition downtown Wheeling as a tourism, residential and business destination.
Morrisey appoints Allie Smith to State Election Commission
Gov. Patrick Morrisey appointed Allie Smith to the West Virginia State Election Commission, filling a vacancy on the bipartisan body responsible for campaign-finance oversight and advising the secretary of state on election administration.
The commission also reviews voting systems, recommends election policies and participates in developing rules governing the conduct of elections. Its four appointed members serve six-year terms and require confirmation by the state Senate. The secretary of state serves as an ex officio member.
Smith’s appointment comes as state election officials prepare for the November general election and address several pending questions involving candidate eligibility, campaign-finance compliance and election administration.
School clothing allowance funding exhausted after seven days
West Virginia’s School Clothing Allowance Program stopped accepting applications after exhausting its available funding only seven days after opening, leaving some eligible families without access to the $200-per-child benefit weeks before the start of the school year.
The Department of Human Services had announced that applications would be accepted from July 20 through Aug. 15, or until the available allocation was exhausted. The program’s unusually brief availability followed an earlier delay while Gov. Patrick Morrisey’s administration reviewed the state’s use of federal Temporary Assistance for Needy Families funding.
The program historically assists tens of thousands of low-income children with purchases such as shirts, pants, shoes, coats and other school clothing. Its early closure raises questions about how much funding was made available, how many children received benefits and whether the administration will provide additional money for families who were unable to apply before the funds ran out.
Lawmakers and family advocates said families should not be left uncertain about whether assistance will be available. The development adds urgency to legislative scrutiny of the administration’s TANF review and the long-term funding of clothing assistance, child care, family-support centers and other programs serving vulnerable children and families.
FLOOD RECOVERY
Ritchie County damage assessment reveals extensive losses in Auburn
Nearly every building in the small Ritchie County community of Auburn sustained some degree of damage during last week’s flooding, according to local officials. Approximately 15 homes along Main Street were damaged, and an estimated 20 to 30 residents remain displaced.
FEMA inspectors have examined the area. Ritchie County is included in Morrisey’s request for an expedited federal disaster declaration covering public infrastructure costs and assistance for individual households.
The findings broaden the geographic scope of the disaster beyond the heavily reported damage in Lewis, Upshur and Pleasants counties. No injuries were reported in Auburn, but local officials said some homes may no longer be habitable.
FEDERAL AND CONGRESSIONAL
Justice joins bipartisan legislation aimed at reducing agricultural flood losses
U.S. Sen. Jim Justice, R-W.Va., and Sen. Lisa Blunt Rochester, D-Del., introduced the Farmers Lifeline Options for Overcoming Disasters Act, or FLOOD Act.
The legislation would place the U.S. Department of Agriculture’s Emergency Watershed Protection Program within the Regional Conservation Partnership Program. It would also authorize voluntary easements before disasters occur in areas at high risk of flooding, allowing land to be restored as habitat or used for crops compatible with periodic flooding.
The proposal is particularly relevant as West Virginia awaits federal action on its disaster-declaration request following the July 21 floods. Companion legislation has been introduced in the House.
Capito says college-sports legislation could move before recess or be delayed until fall
U.S. Sen. Shelley Moore Capito said senators are nearing a potential compromise on legislation that would establish national standards for college athletics, but she cautioned that the measure could be delayed until September or October if an agreement is not reached within days.
The Protect College Sports Act of 2026 would regulate transfers, recruiting, athlete agents and name, image and likeness compensation while granting limited antitrust protections for certain NCAA and conference rules. The Senate Commerce, Science and Transportation Committee advanced the bill 19-9 in June, placing it before the full Senate.
Capito, a co-sponsor, successfully added language intended to protect the distribution and broadcast rights of women’s and other non-revenue sports. Remaining disputes include restrictions on conference expansion, collective negotiation of media rights and a proposed per-school athlete-retention pool. Capito said the bill might advance before the Senate’s Aug. 7 recess, but failure to reach a compromise soon would probably postpone consideration for six to eight weeks.
WHAT TO WATCH
· Pleasants bankruptcy hearing: First-day motions are scheduled for Wednesday afternoon, with the treatment of the state’s $50 million loan a central concern.
· Mt. Storm permitting: Dominion’s DEP air permit application will begin establishing the regulatory timetable and potential conditions for the proposed plant.
· Federal disaster declaration: West Virginia continues to await White House action on assistance for seven counties affected by flooding and tornadoes.
· PSC generating-capacity rule: Utilities, coal and natural gas interests, consumer advocates and lawmakers have until Aug. 20 to respond to a proposal that could reshape plant dispatch and electric-rate exposure.
· NIOSH screenings: Watch for an explanation of the Morgantown cancellation and whether replacement screening dates are offered.
|
