West Virginia Is Suing Pennsylvania to Lower Electric Bills

Originally published by RealClear Energy.

It’s not every day that out-of-state lawyers sue to protect ratepayers in your state.

In September, West Virginia Attorney General JB McCuskey sued the Pennsylvania Public Utility Commission over Pennsylvania’s Alternative Energy Portfolio Standards (AEPS), arguing that the program’s in-state restrictions on eligible power plants violate the U.S. Constitution’s Commerce Clause.

West Virginia’s complaint says it plainly: “The acts serve no legitimate environmental purpose, nor do they advance the welfare of Pennsylvania’s citizens.”

McCuskey is right: AEPS is expensive. In 2025 alone, it cost about $700 million, or $4.11 a month for a household using 800 kWh. AEPS requires Pennsylvania utilities and competitive suppliers to buy credits for about 18% of the electricity they sell. These credits subsidize an eclectic mix of “alternative energy sources.” Each megawatt-hour from a qualifying plant creates one credit.

Read more at RealClear Energy.