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Jefferson Commissioners who went AWOL are removed from office by three-judge panel

Two Jefferson County commissioners were removed from office today based on their refusal to attend meetings and conduct the business of the county.

Tricia Jackson

One, Tricia Jackson, is a statewide candidate for auditor. The other is Jennifer Krouse. The two were removed by a three-judge panel.

“I am working with my attorney and plan to file an immediate appeal. In the meantime, my focus turns fully toward the May 14th primary,” Jackson said in an email to MetroNews.

Other candidates in the statewide Republican primary for auditor include state Senator Mark Hunt of Charleston, House Majority Leader Eric Householder of Martinsburg and former Delegate Caleb Hanna, now of Charleston. The only Democratic candidate is Mary Ann Claytor of St. Albans.

Jennifer Krouse

Jackson and Krouse were accused of failing in their duty to perform their duties by willfully refusing to attend commission meetings, starting last September. Moreover, they repeatedly refused to meet and help select a fifth commissioner who would fill a vacancy.

Local officials contended that being unable to get a quorum resulted in real-life consequences including failure to hire and promote essential county employees, failing to approve contracts including a security contract for the county’s computer software, failure to release bonds or letters of credit, failure to approve grant applications and more.

“The court FINDS that the allegations of the Removal Petition of either official misconduct and/or neglect of duty have been proven by clear and convincing evidence and are sufficient to warrant the removal of the Respondent Commissioners from office,” wrote judges Joseph Reeder, Perri Jo DeChristopher and Jason Wharton.

The two commissioners continued to accept pay for their elected positions, despite not participating in the work of the county over a period of weeks.

The filing to remove Krouse and Jackson was made last November.  Hearings were in late March. 

The three-judge panel agreed that the evidence was enough to conclude the two commissioners should be removed from office.

“This court therefore FINDS the Respondents willfully ignored this duty, prioritized their own agendas over the needs of the citizens of Jefferson County, and weaponized their deliberate and intentional refusal to attend meetings and appoint a Fifth Commissioner in order for the Respondents to advance their own agenda,” the three-judge panel wrote.

The conflict dates back to the resignation of Commissioner Clare Ath, effective last June 16. That left four members.

An initial attempt for the remaining commissioners to choose a fifth resulted in a split on June 23. Of five potential nominees, Krouse and Jackson favored Isabel Simon. The other two commissioners favored Matthew McKinney.

The tie meant the matter was referred to the Jefferson County Republican Executive Committee to choose three possibilities and present them to the commission.

Once the three candidates were presented to the commission, an argument about eligibility broke out during an August 17 meeting. Krouse and Jackson then refused to participate if the selection process continued.

Krouse posted on her Facebook page that evening that the Republican committee had not provided “three actual conservatives for the Commission to review. Unfortunately, far too many of the elected ‘Republicans’ in West Virginia seem to be either incompetent, self-interested, closeted liberals, or some combination thereof.”

After that, Jackson and Krouse posted statements to their Facebook pages to say they are protesting the meetings by denying a quorum.

“I want to move forward with county business, but I won’t proceed with this appointment the way things currently stand,” Krouse wrote on social media.

Similarly, Jackson posted last year that the commission should meet on basic governance matters without taking up the issue of the fifth commissioner, questioning whether the local Republican committee followed a legal procedure when it came up with its candidates list.

“We feel strongly that the Jefferson County Commission should not discuss filling the Charles Town Commission seat until the current legal matter is decided by the court. We don’t want to vote on candidates who may be invalidated by a court decision,” Jackson wrote on Facebook.

The two finally agreed to participate in a meeting and fill the vacancy late last November after a local business filed cause and a judge ordered the commissioners to get to work. The commissioner finally chosen was Pasha Majdi, a Harpers Ferry resident who calls himself a “freedom-loving conservative conservationist.”

At their removal hearing before the three-judge panel last month, attorney Traci Wiley argued the two were not guilty of misconduct. Wiley also blamed Jefferson County Commission President Steve Stolipher for continually leaving the item on the county commission agenda that Krouse and Jackson refused to attend meetings over. Wiley called the whole process a “legal impossibility.”

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Morgantown moves one win away from regionals with 8-3 win at John Marshall

GLEN DALE, W.Va. — A pair of three-run innings and a strong performance from senior pitcher Micah Wilson have propelled Morgantown into prime position to reach the regional round. The Mohigans (18-7) defeated John Marshall, 8-3 in the winners bracket final of the Class AAA Region I, Section 1 tournament.

Morgantown jumped on the scoreboard just five batters into the game when Madison Wisman hit a three-run home run to left center field, giving MHS a lead they would never relinquish.

“It was huge,” said Morgantown head coach Lorri Lipscomb. “That kind of sets the tone and gives the confidence that you need. Our bats have been strong the last few games. It is carrying over. That confidence is contagious.”

The Monarchs answered back with a run in the third inning. Kaylee White’s run-scoring double sent Ava Blake to the plate, making the score 3-1.

However, the Mohigans posted their second three-run inning in the fourth. A fielders choice RBI from Anne Robinson was followed by a two-run single by Emily Peterson. MHS scored twice more in the sixth to take an 8-1 lead.

A two-run homer off the bat of Carlee Yoho pulled the Monarchs within five runs in the sixth inning. However, Wilson retired six of the final seven batters she faced to finish off a complete game victory. Wilson allowed five hits, two earned runs and she struck out six batters.

“She was confident. She was hitting some good spots. Her defense behind her really kind of gives her that boost that she needs. She hasn’t really pitched a complete game since we were down in Myrtle because she has had an arm injury. So it is nice to see her working her way back into the rotation.”

Morgantown defeated John Marshall in the Ohio Valley Athletic Conference 5A Championship game on Friday.

John Marshall (21-7), the defending state champions, will now host Wheeling Park in an elimination game. The winner of Thursday’s game must later defeat Morgantown twice to win the sectional tournament.

“This is one of the toughest sections in the state. To be sitting in the winners position, that’s a first for us. We are going to take advantage of it and keep grinding it out.”

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Special session could address human services and surplus funding, but who knows when or how

Gov. Jim Justice still plans to call legislators in for special session, but it’s still not clear when that will be or what the agenda might include.

Gov. Jim Justice

Justice has consistently said he wants lawmakers to return for higher funding of state human services programs. And lawmakers have priorities to set for surplus spending that was left undetermined at the end of the regular session. More issues could include state support for child care.

But all that still seems up in the air.

At one point Justice had expressed urgency to settle some lingering financial issues in April. Then there was more serious discussion of aligning a special session with legislative interim meetings already scheduled for May 19-21.

Larry Pack

Larry Pack, the state revenue secretary and senior adviser to the governor, could only say today that he anticipates a special session before the end of the fiscal year, June 30.

“We hope to be able to have the special session in May when interims are in, but there’s a good possibility that it may be pushed off a week or two. But we absolutely — everybody’s working together with the understanding that we’ll get this done well before June 30,” Pack said on MetroNews’ “Talkline.”

The big issue is West Virginia’s level of human services funding. Justice, last month, referred to “a dog’s mess” — saying a budget that passed during the regular legislative session left human services funding far short of where it needs to be.

Yet lawmakers last month focused time and questions on whether West Virginia in recent years spent millions of dollars less than was allocated for waiver programs meant to support people with disabilities, instead shifting dollars to expenses like covid-19 testing or contract nursing. Those questions remain as some lawmakers continue to assess what level of funding is appropriate.

A second financial matter for lawmakers to resolve is surplus spending priorities. The regular session ended with passage of “a skinny budget” that left many surplus spending possibilities undone because of other uncertainties.

One of the big questions was whether West Virginia would be on the hook for millions of dollars of federal covid relief for school systems. Within the past couple of weeks, though, federal officials gave official word that West Virginia has been approved for a waiver by showing good-faith financial support for education.

Searching for special session specifics

Even though weeks have passed, representatives of the executive branch and lawmakers are still working on agreements for some of those priorities. They don’t want to enter special session with uncertainty lingering, opening potential to drag on and on.

Pack said $500 million to $600 million in surplus spending has yet to be allocated. There’s also an amount of about $300 million that could still be considered for general revenue spending for the coming fiscal year.

“So we have a lot of work to do to determine how we’re going to allocate that money and what that’s going to look like,” Pack said. “We’re having discussions — the Governor’s Office and Governor Justice having discussion with the Legislature, trying to reach agreement on how we go about it, how we approach it.

“They’ve been very positive, but we’re not really at the point yet to say when we’re going to have this session or what’s going to be on it.”

Human services funding

Governor Justice has continued to focus on state allocations to assist disabled and vulnerable residents. The level of state funding for intellectual and developmental disabilities waivers, commonly called IDD waivers, has been at the center of a simmering budget dispute among lawmakers and the governor.

A large crowd of families gathered at the Capitol last month to push lawmakers to revisit a 10% cut to the program that was approved at the end of the legislative session.

More broadly, the progressive West Virginia Center on Budget & Policy think tank, in a budget analysis, described deep cuts to the state’s Medicaid funding. The budget for the coming fiscal year leaves Medicaid with a shortfall of about $147 million, according to the center’s analysis.

Justice, at a news briefing this week, stood by his view that human services funding needs to be a priority.

“The first thing we do is we need to get our funding back in place for DHHR,” Justice said, referring to the name of the former Department of Health and Human Resources, which has been split now into three separate agencies.

“We’ve got our most needy and most dependent people, we just cut their legs out from under them. I don’t think it will be catastrophic unless we can’t put the funding back in. But surely to goodness — we’ve already got the funding; there was no need to do it.”

Lawmakers weigh in

Lawmakers asked a range of questions about the state’s level of funding for human services last month during an interim meeting of the Joint Standing Committee on Health.

Their questions focused on why in some recent years money that was allocated to IDD waivers wound up being shifted to other costs and whether state rates for care providers are anywhere near adequate. Legislative leaders have also noted that more specific line items for the human services budget might require some time to fully assess.

Rollan Roberts

“For the people who have been scared to death over the IDD waiver, can I just say no one has lost one penny of their IDD waiver funds. That is not on the table,” said Senator Rollan Roberts, R-Raleigh, speaking on “Radio Roundtable” on Beckley’s WJLS AM.

“There’s just a lot of things in this clearing up the old DHHR that is on the table, but some people found it advantageous to scare IDD waiver people to death. And I think that is so grievous, sad. No one has lost a penny; they’re not going to lose a penny. We’re trying to figure out all of these different categories because the money was not spent the way it was appropriated.”

Referring to the complexity of budgeting for a multi-billion dollar agency that has been split three ways, Roberts concluded, “We’re going to be talking about it three years from now. This is not an easy fix.”

Mike Pushkin

Delegate Mike Pushkin, D-Kanawha, expressed concern this week that state leaders aren’t getting a jump on those questions. Pushkin, who is also chairman of the state Democratic Party, said he was dismayed by the possibility that a special session to shore up human services funding and other matters could be pushed off until summer.

“There have been talks of a special session in May and now we’re starting to hear different dates, which is troubling,” Pushkin said on “The Dave Allen Show” on WCHS Radio.

“I hope the governor and the legislature, my friends on the other side of the aisle. can get it together soon for the sake of a lot of people who are going through a lot of uncertainty right now, especially those in the IDD waiver program. We need to get it together, the legislature and the governor’s office, and get in there during the interims and fix this mess that was created at the end of the interims.”

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Huntington Police say two Ohio men led them on chase before barricading themselves inside apartment

HUNTINGTON, W.Va. — Two Ohio men are accused of leading police in Huntington on a chase and then barricading themselves in an apartment.

Aaron Sheldon Moore

Tavoyn Billy Morrison, 24, of Columbus, Ohio, and Aaron Sheldon Moore, 19, of Groveport, Ohio, were arrested late Tuesday and now face multiple charges.

Tavoyn Billy Morrison

On Tuesday, Huntington Police attempted to pull over a vehicle at the intersection of 28th Street and 8th Avenue for a report of it being stolen on April 29. After fleeing from officers, the vehicle was later located in the 200 block of Oney Avenue. Officers say Morrison and Moore got out of the vehicle and fled on foot to an apartment where one of the men kicked in the door of an apartment while armed with a firearm. A man and a woman were located inside.

Officers and members of the Huntington Police Department SWAT Team surrounded the residence. The two residents inside the apartment were able to get out safely.

The suspects did not surrender to authorities after two hours of being inside the apartment. The Huntington Police Department SWAT Team then decided to use tactical measures that forced the suspects out of the residence where they were then taken into custody. No one was injured.

Following their arrest, the suspects were processed and interviewed by detectives with the Huntington Police Department. The Huntington Violent Crime Drug Task Force then executed a search warrant at the residence as part of the investigation. There they located a handgun, loaded extended handgun magazines, ammunition, heroin, fentanyl and cash.

Morrison was charged with misdemeanors of fleeing from an officer on foot, obstructing an officer and unlawful restraint. He also was charged with the felony crimes of burglary, possession of a controlled substance with the intent to deliver and being a prohibited person in possession of a firearm for a prior felony conviction.

Moore was charged with the same misdemeanors. He’s also charged with the felony crimes of burglary, receiving or transferring a stolen vehicle and fleeing in a vehicle with reckless disregard for the safety of others.

Cabell County Magistrate Mike McCarthy arraigned Morrison and gave him a $56,000 cash only bond. Moore received a $96,000 cash only bond.

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Marshals arrest wanted man out of Harrison County

MANNINGTON, W.Va. — A Mannington man wanted out of Harrison County has been arrested.

According to U.S. Marshals, Jason Lee Barr, 50, was wanted by the Harrison County Sheriff’s Office for being a prohibited person in possession of a concealed firearm. He was arrested Wednesday at a residence on Highland Street in Mannington at around 3 p.m.

The U.S. Marshals Service Mountain State Fugitive Task Force took Barr into custody with help from the Marion County Sheriff’s Office and West Virginia State Police. Authorities said Barr tried hiding under a camping trailer at the residence to avoid arrest.

Charges against Barr and another man were filed on October 2, 2023 after the two allegedly obtained firearms during a traffic stop on Interstate 79 near Saltwell Road on March 8, 2023. Two firearms and methamphetamine were recovered from the vehicle during a traffic stop.

Barr is currently booked at the North Central Regional Jail pending his court appearance.

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Musical lineup announced for 34th annual Charleston MultiFest

CHARLESTON, W.Va. — There’s a wide array of music set to emphasize the 34th year of a multi-cultural and diversity festival in Charleston.

The Multi-Cultural Festival returns to the Capital City Thursday, August 1 through Sunday, August 4.

The musical line-up for this year’s MultiFest celebrating diversity in the area includes The Chuck Brown Band, Ginuwine, Petey Pablo, Brian McKnight and more.

Organizers of the four-day event met with Charleston Mayor Amy Shuler Goodwin among other city and community representatives Wednesday to announce the lineup. MultiFest Executive Director Tamara Eubanks said it’s an exciting lineup this year.

“The artists we have picked up this year have been phenomenal in working with us, so we’re very, very excited,” Eubanks said. “This music is not just for one set, it’s for all ages, different ethnicities.”

The festival will kick-off with “GoGo Night” featuring the Washington D.C-based Chuck Brown Band on Thursday, August 1. 

On Friday, August 2, is All White Ladies Night, where all of the ladies who attend the event are encouraged to wear their best white attire. R&B singer Ginuwine, who also hails from Washington D.C. will take the stage with his hit songs on that night followed by British rapper and radio personality from New York, Monie Love.

An all-day musical lineup on Saturday, August 3, Las Vegas-based Jazz musician Justin Young is the first to take the stage. He will be followed up by Joe Little III, the lead singer of Rude Boys out of Cleveland, Ohio. Greenville, North Carolina singer and rapper Petey Pablo will help headline Saturday’s lineup, along with Brian McKnight, an Atlanta, Georgia R&B singer.

Finally, on Sunday, August 4, Kelontae Gavin, a South Carolina gospel singer will kick off the day, followed by Paul Wall, a hip-hop performer, rapper and DJ out of Houston, Texas, and the Original Lakeside Band, an American funk band from Dayton, Ohio.

Eubanks said they listened to the community on what they wanted to see and hear.

She said they particularly had people approach them about bringing back GoGo Night after they held that theme for the first time last year.

Eubanks said the 34 year mark of MultiFest is a testament to everyone who comes together to help put the event on.

“We are the largest diversity festival within West Virginia, and one of the longest-running festivals within West Virginia, and that is solely due to our sponsors and the dedication of our board members who are volunteers, as well as the community who comes out and supports us,” she said.

Like in previous years, Eubanks said the festival will also host various food and artesian vendors, kids activities, and a Sunday morning worship session.

She said, though, that the music stands as an ultimate reflection of what the event is all about.

“We have jazz, we have R&B, we have hip-hop, we have gospel, and it represents a huge array of music that our participants will be exposed to as they come,” Eubanks said.

However, Eubanks said more than the music and activities, MultiFest is a chance for the community to come together and learn from one another and celebrate the diversity that makes them up.

The event will be held at Haddad Riverfront Park along the Kanawha Boulevard August 1-4.

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Charleston businessman charged in extensive bankruptcy fraud case

CHARLESTON, W.Va. — A well-known Charleston business developer could now face up to 20 years in federal prison for bankruptcy fraud.

John Wellford III, 73, pleaded guilty Wednesday to falsification of bankruptcy records.

United States Attorney for the Southern District of West Virginia, Will Thompson joined officials from the U.S. Trustee Program, the FBI, and the WV State Police Bureau of Criminal Investigation, who all worked on the now six-year-old case in some capacity, for a news conference Wednesday.

According to court documents, Wellford filed for bankruptcy on March 29, 2019 on behalf his real estate company, Corotoman Inc.

Thompson said Corotoman had received a large influx of money approximately 10 months prior to filing for bankruptcy while the business was struggling financially and while one of its creditors was trying to collect an outstanding debt. Thompson said Wellfords’ crime was not making the transfers of this money known.

Will Thompson

“As part of the bankruptcy, he was required to do a statement of financial affairs, which required him to disclose all monetary transfers from Corotoman outside the ordinary course of business that had occurred in the two years prior to filing for bankruptcy, that’s just a typical bankruptcy filing requirement,” Thompson said.

Despite the requirement to disclose all monetary transfers, Wellford admitted that he did not inform officials of the more than $925,000 that he had transferred from Corotoman on or around May 2, 2018 to another of Wellford’s businesses, Marsh Fork Development.

Prior to that transfer, on April 30, 2018, Wellford deposited a close to $2 million check from American Electric Power in Corotoman’s account.

From the over $920,000 that went into Marsh Fork’s account, however, Wellford transferred $680,000 to his lawyer’s client trust account, causing his lawyer to transfer all of those funds back into various businesses of Wellford’s over the next five months.

Thompson said that Wellford admitted to wanting to keep the money for himself and his companies and not make it available to creditors.

“He was given multiple opportunities even after the initial bankruptcy filing to correct this error,” Thompson said. “The filing of the bankruptcy is done in the penalty of perjury, there was a meeting of creditors where he was placed under oath, and he failed to disclose this.”

Wellfords’ sentencing date is set for Aug. 7. He faces a maximum penalty of 20 years in prison, three years of supervised release, and a $250,000 fine.

In addition, Wellford also owes approximately $925,326 in restitution, the same amount that was transferred to Corotoman in which he failed to report.

Working closely on the case, Keven Rojek, Special Agent in Charge for the FBI of Pittsburgh said financial crimes undermine the conviction of the system’s economic integrity, and he was proud of the FBIs’ investigative work in the case.

“This conviction should send a clear message that our economy is not a marketplace for manipulation, theft, or criminal activity,” said Rojek. “No one is above the law, and our resolve to uphold the law remains resolute.”

Thompson said people need bankruptcy in the event they are unable to pay their debts, so when someone commits bankruptcy fraud, especially in this magnitude, it’s a huge discredit to the U.S. Trustees, the FBI and everyone working towards a fair financial system.

“When people are doing this and gaming the system, it undermines everyone’s trust in the economy, in the court system, in whether or not I pay my credit card bill or not, so I think it’s very important that we do look at cases like this and we do prosecute it when we can,” he said.

Thompson said so far this year, there have been eight bankruptcy fraud convictions across the country, and three of those came out of the Southern District of West Virginia.

He said while there’s always been fraud and sloppiness, U.S. attorneys and those working against fraud are now trying to put a bigger spotlight on the issue than ever before.

Thompson said if someone thinks they can commit fraud without any consequences, that will only encourage others to commit the crime.

“So, I’m hoping I’m sending the exact opposite message that we’re not discouraging anyone from filing for bankruptcy, in fact, there are situations that warrant it every single day, but when you do, make sure you tell the truth,” said Thompson.

The West Virginia State Auditor’s Office Public Integrity and Fraud Unit (PIFU), along with the U.S. Offices of the Insurance Commissioner-Special Investigations Division also had involvement with investigations into the case.

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WVU is starstruck after astronomy professor gets rare honor of selection to National Academy of Sciences

West Virginia University is seeing stars over one of its outstanding astronomers.

Maura McLaughlin

Maura McLaughlin, the Eberly Distinguished Professor of Physics and Astronomy, has been elected to the National Academy of Sciences.

It’s a rarity and an honor. McLaughlin is the first WVU faculty member elected to the academy.

McLaughlin’s selection was one of 120 announced this week by the academy — bringing its total number of active members to 2,617. The National Academy of Sciences is a private, non-profit society of distinguished scholars. Scientists are elected by their peers to membership in the academy for outstanding contributions to research.

Fred King

“This is a really big deal,” said Fred King, vice president for research at West Virginia University, in a telephone interview. “It’s recognition of Maura’s work in astrophysics.”

He continued, “It’s a fairly small group of individuals. It’s a very selective group that’s self-elected, and they represent truly the people who are the leaders in physics, science, engineering and medicine.”

McLaughlin has a long track record of scientific contribution but made international news last year because of a 15-year effort producing evidence of low-frequency gravitational waves pushing and pulling on the universe. Essentially, over many years the study focused on how gravitational forces in space affected pulsars.

Also last year, McLaughlin and her husband, WVU physics professor Duncan Lorimer, received the Shaw Prize for “distinguished and significant advances” — specifically the discovery of fast radio bursts. The Shaw Prize’s annual awards in astronomy, life science and medicine, and mathematical sciences honor “exceptional individuals who have made groundbreaking contributions.”

“It’s a really exciting day for the university, it’s a first for us, and it’s a great day for West Virginia because a key part of what they do is work with folks at Greenbank Observatory,” King said of McLaughlin and Lorimer.

“And that, in part, has led them to move to West Virginia, live here for the last 20 years, so it’s a great day not just for the university but for the state as well.”

King said honors from WVU for McLaughlin are still taking shape. Right now, the university is appreciating the designation from the National Academy of Sciences just announced this week.

“It’s a great way to end the spring semester and the year for WVU,” he said.

Roger Hanshaw

Roger Hanshaw, speaker of the House of Delegates, applauded the honor in a statement today. Hanshaw, R-Clay, has a Ph.D. in chemistry from the University of Notre Dame.

“Our state is home to a lot of exceptional people, but with the news that one of our own has been elected to the National Academy of Sciences, West Virginia truly has reached an impressive benchmark through WVU astrophysicist Maura McLaughlin,” Hanshaw said.

“I know most people aren’t proud science geeks like I am, so I want to lead us all in standing up to cheer for this recognition of Dr. McLaughlin and her research in neutron stars and their environments. Only 2,617 people have achieved this honor, and it’s something every West Virginian should be proud to now say one of our own has achieved.”

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Hope Gas remains in disagreement with owners of former Pleasants Power Station

Story by David Beard, The Dominion Post 

BELMONT, W.Va. — The unnamed plant and pipeline company that Hope Gas has petitioned the Public Service Commission about have come forward,

The plant asked the PSC on Tuesday to dismiss the petition so that their project can move forward. On Wednesday, Hope asked the PSC to hold the case in abeyance so that it and the other parties can discuss the issue.

The plant is Quantum Pleasants, formerly the Pleasants Power Station in Belmont. Pleasants was mothballed in May 2023 and 160 workers were laid off, Quantum reminded the PSC. When it bought the plant, Quantum entered into a one-year purchase agreement with Hope so that it could restart the plant, which it did on Aug. 30.

Quantum then transferred the plant to an affiliate, Omnis Pleasants, which owns and operates it.

Another Quantum affiliate, Omnis Fuel Technologies, plans to buy land next to the plant and build “New Facilities” to produce hydrogen, graphite and graphene using natural gas and coal. The plant itself will be converted to a hydrogen-fuel power plant and will use no more gas.

But the New Facilities will use far more gas than the plant ever did, Quantum said, and Hope has told Quantum it can’t supply the needed amount. So Quantum began talks with Texas-based Icon New Energy Pipeline, which plans to build a new line to serve the site.

Hope petitioned the PSC saying that the pipeline plan skirted state law by failing to provide adequate notice to Hope, and wanted the PSC to intervene and require Quantum and Icon to conform with state regulations.

Quantum made several points regarding the economic and legal issues of Hope’s petition.

It said the New Facilities need to be operational by the end of 2025 in order to meet financial goals. Icon believes it can meet that deadline, and then provide gas cheaper than Hope could.

The unregulated bypass law Hope refers to in seeking PSC intervention doesn’t apply here, Quantum said, because the New Facilities and Omnis Fuel are not existing customers.

And the law doesn’t specify a time for notice, Quantum said. It only requires the customer to take a pay for a large volume of gas in the next calendar year. So providing premature notice would obligate them to pay for gas they may not be able to use. Therefore, it’s legal and prudent wait to provide notice to Hope until it can take the gas and the supplier can provide it.

Quantum said that, contrary to Hope’s assertion, the loss of the plant as a customer won’t significant affect other Hope customers. The plant’s gas volume is a relatively minor portion of Hope’s sales.

Quantum adds a criticism: “As it has done elsewhere on its system, Hope has refrained for too long from making capital investments so that it could be in a position to adequately and fully serve the needs of its customers.”

At the higher sale price Hope would require, Quantum said, the New Facilities might not be competitive or viable. But, when opened, they will employ about 800 workers – far more than the old Pleasants plant. “The commission should allow the New Facilities to develop according to business dictates, and not prematurely impose financial commitments.”

Icon’s comments

Icon engaged the same legal team as Quantum to provide conditional comments on Hope’s petition and the PSC’s initial order seeking more information.

Icon noted that as an LLC, not a utility, it doesn’t fall under PSC jurisdiction, except for safety regulations.

Icon told the PSC it was formed to develop gas infrastructure solutions for underserved areas of West Virginia’s Ohio Valley. In this project, it will build a 20-inch steel pipeline running from Tyler County to the Omnis Fuel site.

Icon will transport 100% West Virginia gas. The line will be built by West Virginia union workers and operated by West Virginia employees. It is not condemning any right of way but negotiating with landowners and has received positive community support.

To meet Quantum’s deadline, Icon said, it will begin construction in January 2025 and have the line in service by Aug. 1, 2025. It will be submitting permits this month.

Icon told the PSC it is willing to work with Hope for their mutual benefit. “Icon is more than willing to sell transportation to Hope Gas and can do so at a materially lower rate than what Hope Gas would incur by building its own pipeline. Icon’s objective is to drive costs for consumers down, resulting in economic expansion and growth for all people in West Virginia.”

Hope, in its Wednesday request to hold the case in abeyance, said it will advise the PSC at a later date if it wishes the PSC to proceed with consideration of its earlier petition or if Hope will withdraw it.

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WVU golf team earns spot in the NCAA Tournament

MORGANTOWN, W.Va. — A fifth-place finish at last week’s Big 12 Conference Tournament has propelled the WVU golf team into NCAA Regional competition. The Mountaineers were awarded an at-large spot in the Rancho Santa Fe Regional Wednesday afternoon. The NCAA Tournament bid is the program’s first since 2019. The Rancho Sante Fe Regional at The Farms Golf Club in Rancho Santa Fe, Calif. will be played May 13-15.

The San Diego Regional was the last to be unveiled on the GolfChannel Selection Show broadcast.

“This year never felt like we were in,” said WVU head coach Sean Covich. “Even until the last two seconds. I felt like we were going to be in based on how we finished at the Big 12’s and based on how we played at home, and based on the rankings. But you just never know. That’s why I was so emotional. You realize how hard it is with so many great players and great programs.”

“I think we were all nervous and sweating a little bit,” said Max Green. But we got it done. So now we can get prepared for the next two weeks and go to San Diego.

WVU’s Todd Duncan holds the pin on the 4th hole in the Mountaineer Invitational at Pete Dye Golf Club. (Photo by Joe Brocato)

West Virginia climbed the leaderboard over the final three rounds of last week’s Big 12 Tournament in Trinity, Texas to earn their best finish in program history at the event. The Mountaineers placed fifth out of 14 teams and scored better than a handful of nationally-ranked opponents.

“We all just kind of came together as a team, not just one but all five of us stepped up when it mattered,” said Todd Duncan.

Max Green, Shady Spring High School graduate Todd Duncan, Jackson Davenport, Pierce Grieve and Kaleb Wilson comprised WVU’s five-man team at the Big 12 Tournament. Previously, West Virginia cruised to victory in their final regular season event, the Mountaineer Invitational at Pete Dye Golf Club.

In 2019, the Mountaineers narrowly missed qualifying for the NCAA National Championships. WVU finished sixth in the Louisville Regional, falling two shots short of advancing.

81 teams have qualified for play in six regionals across the country. 30 teams earned automatic bids. WVU will be joined in the Rancho Santa Fe Regional by Arizona State, Washington, Oklahoma, California, Oklahoma State, North Florida, Chattanooga, South Florida, San Diego, Kansas, Wright State, Seton Hall and Winthrop.

The top five teams in each regional advance to the National Championship at Omni La Costa Resort and Spa in Carlsbad, Calif. from May 24-29.

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Source: WV MetroNews