Black Diamond Power to Sell Amid State Investigation

Utility announces plans to sell as Public Service Commission hearing is halted

Published on Feb. 13, 2026

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In the midst of a state Public Service Commission investigation into complaints about service reliability and billing practices, Black Diamond Power President David Musser has announced plans to sell the company. The PSC hearing was halted to allow time for sale negotiations, with Black Diamond already engaged in talks with Appalachian Power Company.

Why it matters

The sale of Black Diamond Power comes as the utility faces a state investigation into customer complaints, raising questions about the future reliability of service for the company's 5,000 customers in West Virginia. The sale process will be closely watched to ensure a smooth transition and continued service for impacted communities.

The details

Black Diamond Power counsel David Hanna stated that as president, David Musser intends to sell the company and is committed to cooperating fully with the PSC investigation. There is no majority shareholder, so Musser will need to present any sale proposals to the remaining shareholders for approval. The PSC has agreed to allow its staff to continue the investigation in case the sale negotiations break down.

  • On October 2025, the PSC launched a general investigation into Black Diamond Power in response to customer complaints.
  • On February 13, 2026, the PSC hearing was halted to allow time for Black Diamond's sale negotiations.
  • By April 15, 2026, the PSC staff is due to provide final recommendations on the investigation.

The players

David Musser

The president of Black Diamond Power who intends to sell the company.

David Hanna

Counsel for Black Diamond Power who announced Musser's plans to sell the company.

Charlotte Lane

The chairman of the West Virginia Public Service Commission.

Appalachian Power Company

The utility that Black Diamond Power is engaged in sale negotiations with.

Community Care of West Virginia

A healthcare facility operator that filed a formal complaint against Black Diamond Power over service reliability concerns.

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What they’re saying

“David Musser, the president of the company, just wanted me to convey he intends to sell the company. He is committed to cooperating fully with the Commission and staff to move that process forward as efficiently as possible.”

— David Hanna, Counsel for Black Diamond Power (wchsnetwork.com)

“I don't know if the staff of the Commission, how it wishes to monitor the reliability of the service as negotiations are taking place, but Community Care's primary concern is that its service be reliable and indeed that it be safe.”

— Edward J. George, Counsel for Community Care of West Virginia (wchsnetwork.com)

“I would also like to get approval for staff to continue its investigation and continue with the deadlines that are currently set. Currently, staff has final recommendations due on April 15, and that would allow us, in case negotiations fail, then we're still ready with recommendations and findings for the Commission to make an ultimate decision if that is necessary.”

— Victoria Wilson, PSC staff attorney (wchsnetwork.com)

What’s next

The PSC has agreed to allow its staff to continue the investigation into Black Diamond Power in case the sale negotiations break down. A final decision on the utility's future will be made by the Commission if the sale talks fail.

The takeaway

The sale of Black Diamond Power comes amid growing concerns over the utility's service reliability and billing practices, underscoring the challenges facing small, independent power providers in West Virginia. The sale process will be closely watched to ensure continued service for impacted communities.