Mercer

NOTICE

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO. 14-0872-W-GI GENERAL INVESTIGATION PURSUANT TO W.VA. CODE ?24-2-7 INTO THE ACTIONS OF WVAWC IN REACTING TO THE JANUARY 9, 2014 CHEMICAL SPILL. NOTICE OF HEARING On January 9, 2014, Freedom Industries, Inc., suffered a significant leak in its storage tank facility allowing the unpermitted discharge of crude 4-methylcyclohexane methanol (MCHM) into the Elk River. This leak occurred about one mile from the raw water intake of the West Virginia-American Water Company (WVAWC). That MCHM found its way into the raw water intake structure and ultimately into the finished water supply of WVAWC produced at its Kanawha Valley Treatment Plant. The finished water went into the WVAWC transmission, distribution, and storage systems and into the systems of some sale for resale customers of WVAWC. After detection of the MCHM, WVAWC entered a “do not use” notice for WVAWC customers that ran from January 9, 2014, and was lifted by zones throughout the WVAWC Kanawha Valley System beginning January 13, 2014. While it was in place, the do not use notice impacted all or a portion of over 100,000 customers of WVAWC served from the Kanawha Valley System. By Order entered May 21, 2014, the Commission initiated a general investigation to determine whether at the time of and under the circumstances that existed with the spill, did the actions of WVAWC in reacting to the spill and the presence of MCHM in its raw water or finished water supply constitute unreasonable or inadequate practices, acts, or services as provided under the provisions of W.Va. Code ?24-2-7 or other pertinent provision of Chapter 24 of the West Virginia Code. It should be understood that the purpose of this general investigation is limited to the WVAWC reaction to the spill and is not intended to re-litigate past certificate proceedings regarding the intake, treatment, storage, distribution, or transmission plant that was in place in the Kanawha Valley System. Additionally, the Commission is not authorized by its enacting legislation to award monetary damages. By Ordered entered November 18, 2016 the Commission scheduled two public comment hearings for Tuesday, January 17, 2017, the first beginning at 1:30 p.m. and the second beginning at 6:00 p.m., at the Public Service Commission, 201 Brooks Street, Charleston, West Virginia, to take public comment from those members of the public that are not parties to this general investigation. Depending on the number of commentors in attendance, it may be necessary to limit the time available to each person. As an alternative to attending the public comment hearing, individuals or entities interested in providing written comments regarding this general investigation should submit their comments to Ingrid Ferrell, Executive Secretary, P.O. Box 812, Charleston, West Virginia 25323. The November 18, 2016 Order also scheduled this case for an evidentiary hearing to begin at 9:30 a.m., on January 5, 24, 25, and 26, 2017, at the Public Service Commission, 201 Brooks Street, Charleston, West Virginia. WEST VIRGINIA-AMERICAN WATER COMPANY