State of West Virginia ex rel. Water Development Authority, a governmental instrumentality and public body corporate of the State of West Virginia v. Northern Wayne County Public Service District, a governmental instrumentality of the State of West Virginia and the Public Service Commission of West Virginia, No. 22965 (W. Va. October 27, 1995) (McHugh, C.J.): 195 W.Va. 135, 464 S.E.2d 777:
Refusing to award a writ of mandamus to the Water Development Authority to compel a borrower to raise certain fees in order to correct a default where the borrower had been ordered by the PSC not to increase such fees, the Court held although W. Va. Code § 22C-1-7 authorizes the Water Development Authority to impose "charges determined by it to be necessary" when a public service district defaults on a WDA loan, its power to impose such charges is subject to the regulatory review and approval of the Public Service Commission pursuant to W. Va. Code § 24-2-1.
State ex rel. Chesapeake and Potomac Telephone Company of West Virginia v. Honorable John C. Ashworth, Judge of the Circuit Court of Raleigh County, and Beckley Hospital, Inc., No. 21930 (W. Va. December 16, 1993) (Neely, J.): 190 W.Va. 547, 438 S.E.2d 890:
Granting a writ of prohibition against a circuit court suit for a refund of telephone charges where a complaint was initially filed with the Public Service Commission, the Court held that althought one must ordinarily exhaust administrative remedies before the commencement of proceedings in circuit court, W. Va. Code § 24-4-7 confers concurrent jurisdiction on the Public Service Commission and circuit courts where a customer seeks a refund based upon the rules of the Public Service Commission, but once a complaint is filed with the Public Service Commission, an action in circuit court is foreclosed until the administrative remedies are exhausted.
Central West Virginia Refuse, Inc. v. Public Service Commission of West Virginia, No. 21750 (W. Va. December 13, 1993) (Miller, J.): 190 W.Va. 416, 438 S.E.2d 596:
Affirming a decision of the Public Service Commission which decreased a landfill's rates from $27 to $21 per ton, the Court held (1) W. Va. Code § 24-2-3 gives the Public Service Commission the authority to increase or reduce rates whenever it finds that the existing rate is unjust, unreasonable, insufficient, or unjustly discriminatory, and (2) when the Public Service Commission exercises its rate-making authority under W. Va. Code § 23-4-3, its decisions are not subject to the doctrines of stare decisis or res judicata because rate-making is a legislative function.