WVALDC v. State Corporation Commission

Syllabus

03/27/2025 Considering a labor organization's appeal from the decision of the State Corporation Commission granting the application of a solar facility operator for certificates of public convenience and necessity with respect to its constructing and operating a solar facility, the site of which is not within a historically economically disadvantaged area, and which is also located in two Virginia counties (Isle of Wight County and Surry County) that are not in Virginia's coalfield region, the labor organization's arguments that the Commission's decision, including its ultimate determination to not place any local hiring related conditions in the certificates, did not comply with an enactment clause of the Virginia Clean Economy Act or the Commonwealth Clean Energy Policy, are rejected. Because the Commission stated that it considered the groups identified in the enactment clause of the Act and it cited to evidence in the record regarding those groups, the Commission complied with the Act. In addition, under the highly deferential standard set by the General Assembly in Code § 45.2-1706.1(E), the Commission reasonably concluded that, based on the evidence, the reasons stated, and lack of precedent, it was not appropriate to impose a local hiring-related condition in this case, and thus did not abuse its discretion in not imposing such a condition. The judgment of the commission is affirmed.