Legal 3 col x 11-1/2”
1005
PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 21st day of September 2023.
CASE NO. 23-0690-E-P
BLACK DIAMOND POWER COMPANY
Application for a consolidated purchased power surcharge.
COMMISSION ORDER
The Commission grants a petition to intervene and establishes a procedural schedule including an evidentiary hearing on November 9, 2023. The Commission also directs Black Diamond Power Company (Black Diamond) to publish the attached notice one time in a newspaper of general circulation in each of the counties it serves.
BACKGROUND
On August 14, 2023, Black Diamond filed its application for a consolidated purchased power surcharge as directed by the Commission Order issued March 11, 2014, in Case No. 12-1559-E-GI. By that Order, the Commission established a unified annual proceeding under which Black Diamond would file the above-mentioned application to determine prospective consolidated power surcharge rates necessary to recover its purchased power costs. This process provides a true-up mechanism whereby over and under recoveries are credited or charged in future rates.
Black Diamond proposes that the Commission approve a consolidated purchased power surcharge of $0.1222426 per kilowatt hour (kWh) to take effect on December 1, 2023. The proposed surcharge is an increase of $0.0279031, which would result in an annual increase in revenue of approximately $1,345,206. Black Diamond reported a total under-collected balance of $842,214 for its consolidated purchased power costs from June 2022 to May 2023. Black Diamond calculated that residential customers would receive an increase in their monthly bill of approximately $23.28, or a 19.87 percent increase, based on an average monthly usage of 834 kilowatt-hours (KWh). In support of its proposal, Black Diamond included pre-filed direct testimony of Dixie L. Kellmeyer, CPA.
On August 23, 2023, Commission Staff filed a motion proposing a procedural schedule and requesting that the Commission adopt that procedural schedule. Black Diamond agreed with the proposed procedural schedule.
On September 18, 2023, the Consumer Advocate Division (CAD) filed a Petition to Intervene. CAD asserted that it has a legal interest in the case because it is tasked with representing the interests of residential ratepayers in cases that may affect the rates of those residential ratepayers. Black Diamond’s petition, if granted, will affect residential ratepayers.
DISCUSSION
Petition to Intervene
Pursuant to Rule 12.6 of the Commission’s Rules of Practice and Procedure, 150 C.S.R. 1 (Procedural Rules), any person having a legal interest in the subject matter of a pending proceeding may petition to intervene. Leave to intervene may be granted where the petitioner makes reasonable allegations pertinent to the issues and does not unduly broaden those issues. CAD has a legal interest in this proceeding and, therefore, will be granted intervenor status.
Schedule
It is reasonable to require Black Diamond to provide public notice. The notice attached to this Order should be used to provide the public with notice of the filing and the hearing scheduled in this case.
The Commission will adopt a procedural .schedule that is similar to the timeframes established in the prior consolidated purchased power cases involving Black Diamond. The evidentiary hearing in this case will be held on November 9, 2023, at the Public Service Commission headquarters. The procedural schedule is contained in the ordering paragraphs. All exhibits to be entered as evidence in the evidentiary hearing should be pre-marked in the Commission’s desired format (ex. Co. Exh. DK-D). Interested individuals may follow this case on the Commission website, www.psc.state.wv.us, at the following links: (1) “Case Information” to review the filings in the case; (2) “Submit a Comment” to submit a comment in favor of or opposed to the requested rate increase; and “Commission Webcast” to watch the evidentiary hearing.
FINDINGS OF FACT
1. As directed by the Commission Order issued March 11, 2014, in Case No. 12-1559-E-GI, Black Diamond filed its application for a consolidated purchased power surcharge. August 14, 2023 Application.
2. CAD filed a Petition to Intervene. Petition, Sept. 18, 2023.
CONCLUSIONS OF LAW
1. It is reasonable to establish a procedural schedule for the filing of testimony, briefing, and an evidentiary hearing.
2. Black Diamond should publish a notice of this proceeding to inform customers of the proposed rates and the scheduled evidentiary hearing.
3. CAD has a legal interest in the outcome of this proceeding and should be granted intervenor status. Procedural Rule 12.6.
ORDER
IT IS THEREFORE ORDERED that the Public Service Commission grants the Staff motion to adopt a procedural schedule and sets a procedural schedule as follows:
EVENT DEADLINE
Direct Testimony from Staff and 4:00 p.m., October 18, 2023
Intervenors, if any
Deadline to file all responses to 4:00 p.m., October 23, 2023
discovery requests
Rebuttal Testimony from all Parties 4:00 p.m., October 26, 2023
Filing of Agreed Order of Witnesses 4:00 p.m. November 7, 2023
Evidentiary Hearing November 9, 2023 at 9:30 a.m.
Public Service Commission
Howard M. Cunningham Hearing Room
201 Brooks Street, Charleston, West Virginia
Discovery responses are due within ten calendar days of the request, objections to discovery requests are due within five calendar days of the request, and motions to compel are due within five calendar days of objections.
IT IS FURTHER ORDERED that Black Diamond Power Company shall promptly publish the Notice of Filing and Evidentiary Hearing attached as Appendix A in this matter one time in a newspaper of general circulation in each of the counties served by Black Diamond and file proof of publication on or before November 9, 2023.
IT IS FURTHER ORDERED that the Consumer Advocate Division’s Petition to Intervene is granted.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Staff by hand delivery.
A True Copy, Teste,
Karen Buckley, Executive Secretary