NOTICE
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 20th day of August 2015. CASE NO. 15-1362-W-MAR TOWN OF POCAHONTAS, VIRGINIA, a municipal utility. Investigation of increase in water rates and charges as a result of petitions filed in accordance with W.Va. Code ?424-2-4b. COMMISSION ORDER SUSPENDING FINAL IMPLEMENTATION OF MUNICIPAL ORDINANCE AND REFERRING TO ADMINISTRATIVE LAW JUDGE On or about July 20, 2015, the Town of Pocahontas, Virginia (Pocahontas) adopted an ordinance increasing the rates and charges to water customers of Pocahontas to become effective on September 4,2015. W.Va. Code ?24-2-4b removes from Commission jurisdiction primary approval of rate increases of municipally operated public utilities in this State. W.Va. Code ?24-2-4b(c) provides in relevant part: (c) the commission shall review and approve or modify the rates and charges of … municipally owned water andior sewer utilities that are political subdivisions of the state and having less than four thousand five hundred customers and $3 million dollars of annual combined gross revenues upon the filing of a petition within thirty days of the adoption of the ordinance or resolution changing the rates or charges by: (1) any customer aggrieved by the changed rates or charges who presents to the commission a petition signed by not less than twenty-five percent of the customers served by the … municipally owned water and/or sewer utility having less than four thousand five hundred customers and $3 million dollars annual combined gross revenues.. . . On August 13, 2015, the Commission received a Petition of protest apparently signed by not less than twenty-five percent of the Pocahontas water customers, thereby invoking Commission jurisdiction to suspend and review the water rate increase. On August 17, 2015, Pocahontas filed a letter to challenge the validity of the Petition. The Administrative Law Judge should promptly set a hearing to determine the validity of the Petition. IT IS THEREFORE ORDERED that the Town of Pocahontas, Virginia is made a respondent to this proceeding, and, pending investigation, hearing and decision thereon, pursuant to W.Va. Code ?24-2-4b, the final adoption of the rate change contained in the July 20, 2015 ordinance is suspended until 12:01 a.m., January 2, 2016 unless otherwise ordered by the Commission, to enable the Commission to examine and investigate the proposed water rate increase and to provide time for the Commission’s Administrative Law Judge to conduct the necessary hearing required by the provisions of the W.Va. Code. IT IS FURTHER ORDERED that pursuant to W.Va. Code ?24-2-4b(d)(2) the rates proposed in the July 20, 2015 municipal ordinance are effective for service rendered on and after September 4, 2015, subject to refund pending the final Commission order in this proceeding. IT IS FURTHER ORDERED that within thirty days of the date of September 4, 2015, the Town of Pocahontas, Virginia file an original and six copies of a tariff reflecting the rates and charges in its July 20, 2015 municipal ordinance. IT IS FURTHER ORDERED that this proceeding be referred to the Division of Administrative Law Judges, and that the ALJ Division render its decision in this matter on or before December 3, 2015. IT IS FURTHER ORDERED that Commission Staff shall submit its report on or before October 19, 2015. IT IS FURTHER ORDERED that the foregoing decision due date will not be extended, except upon formal application to the Commission by the parties. IT IS FURTHER ORDERED that the Secretary of the Commission shall cause a copy of this Order to be published once, in a newspaper of general circulation in the Town of Pocahontas, within five days of the date this Order is issued. IT IS FURTHER ORDERED that any person or corporation interested in becoming a party to this proceeding should file a petition to intervene with the Executive Secretary of the Commission, P.O. Box 812, Charleston, West Virginia 25323, within ten days of the date this Order is published in the newspaper. All requests to intervene should briefly state the reason for the intervention and must comply with the Commission’s rule on interventions. IT IS FURTHER ORDERED that the Executive Secretary of the Commission shall give notice of Commission jurisdiction and suspension of said rates and charges, by serving a copy of this Order on the Town of Pocahontas, Virginia by United States Certified Mail, Return Receipt Requested, by electronic service on all other 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 Commission Staff by hand delivery.
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