PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
CHARLESTON
CASE NO. 22-1083-S-DU
CITY OF GARY,
Petition for determination that the City of Gary’s sewer utility is a
Distressed or Failing Utility under W.Va. Code §24-2H-1 et seq.
NOTICE OF HEARING
On December 30, 2022, the Commission opened a proceeding to review the City of Gary’s sewer utility (Gary) under the Distressed and Failing Utilities Improvement Act, W.Va. Code §24-2H-1 et seq. The Commission referred the proceeding to its Division of Administrative Law Judges for hearing and public comment. Commission Staff subsequently recommended the Commission direct either McDowell County Public Service District or Veolia Corp., enter into a management agreement with Gary.
The City of Welch, McDowell County Public Service District, West Virginia-American Water Company and Veolia Corp., have been designated as potential capable proximate utilities that could assume the operation or ownership of Gary if necessary.
This matter has been scheduled for public comment and an evidentiary hearing on November 30, 2023, at 11:00 a.m., at the McDowell Public Library, Herzbrun Room, 90 Howard Street, Welch, West Virginia.
The public hearing shall be conducted to receive comment from interested individuals, including comment regarding options available to bring the potential distressed or failing utility into compliance with statutory and regulatory standards. At the evidentiary hearing, the Commission shall receive evidence to determine (i) if the utility is a distressed or failing utility, (ii) whether a capable proximate utility should acquire or manage Gary or (iii) if there is a reasonable alternative disposition.
CITY OF GARY
ID: 756025