Legal
0806 0813
PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
Issued: August 1, 2016
CASE NO. 16-0652-SWF-42A
NICHOLAS COUNTY SOLID WASTE AUTHORITY,
Rule 42A application to change landfill rates and charges
PROCEDURAL ORDER
This Order requires the Applicant to immediately: (a) post a copy of its Tariff Form No. 8-A (Appendix A) at its offices and places of business in the territory affected; (b) publish Appendix A as a Class II legal advertisement in qualified newspapers published and of general circulation in each of the counties (Greenbrier, Nicholas, Webster and Pocahontas) in Wasteshed F and file certificates of publication with the Commission on or before August 26, 2016; (c) issue a press release to newspapers published and generally circulated in each of the Wasteshed F counties which contains the substance of Appendix A; (d) separately mail Appendix A by certified mail, return receipt requested, to all major trash haulers which use the Applicant’s facilities; (e) separately mail notice to each customer which is regularly billed for service of the requested rate increase on or before August 12, 2016; and, (f) provide the Commission with a completed Tariff Form No. 6 on or before August 26, 2016. Additionally, Staff is required to file its report with the Commission on or before October 5, 2016.
PROCEDURE
On May 18, 2016, the Nicholas County Solid Waste Authority (Applicant) filed a Rule 42A Application.
On May 19, 2016, the Applicant filed additional documents as part of its application for a rate increase.
On June 21, 2016, Staff Attorney Linda S. Bouvette filed an Initial Joint Staff Memorandum to which was attached the June 15, 2016 Utilities Division Initial Memorandum prepared by William S. Beller, Utilities Analyst, Utilities Division. Staff reported on the Applicant’s requested rate increase.
DISCUSSION
It does not appear that the Applicant has complied with notice requirements under Rule 19. Therefore, the Applicant should be required to immediately post a copy of its Tariff Form No. 8-A (Appendix A) at its offices and places of business in the territory affected; (b) publish Appendix A as a Class II legal advertisement in qualified newspapers published and of general circulation in each of the counties (Greenbrier, Nicholas, Webster and Pocahontas) in Wasteshed F and file certificates of publication with the Commission on or before August 26, 2016; (c) issue a press release to newspapers published and generally circulated in each of the Wasteshed F counties which contains the substance of Appendix A; (d) separately mail Appendix A by certified mail, return receipt requested, to all major trash haulers which use the Applicant’s facilities; (e) separately mail notice to each customer which is regularly billed for service of the requested rate increase on or before August 12, 2016; and, (f) provide the Commission with a completed Tariff Form No. 6 on or before August 26, 2016. Additionally, Staff should be required to file its report with the Commission on or before October 5, 2016.
ORDER
IT IS, THEREFORE, ORDERED that the Nicholas County Solid Waste Authority immediately: (a) post a copy of its Tariff Form No. 8-A (Appendix A) at its offices and places of business in the territory affected; (b) publish Appendix A as a Class II legal advertisement in qualified newspapers published and of general circulation in each of the counties (Greenbrier, Nicholas, Webster and Pocahontas) in Wasteshed F and file certificates of publication with the Commission on or before August 26, 2016; (c) issue a press release to newspapers published and generally circulated in each of the Wasteshed F counties which contains the substance of Appendix A; (d) separately mail Appendix A by certified mail, return receipt requested, to all major trash haulers which use the Applicant’s facilities; (e) separately mail notice to each customer which is regularly billed for service of the requested rate increase on or before August 12, 2016; and, (t) provide the Commission with a completed Tariff Form No. 6 on or before August 26, 2016.
IT IS FURTHER ORDERED that Staff file its final substantive recommendation in this matter on or before October 5, 2016.
IT IS FURTHER ORDERED that the Executive Secretary’s Office serve a copy of this Order upon all parties by electronic service, if they have filed an e-service agreement with the Commission; by United States Certified Mail, return receipt requested, if they have not filed an e-service agreement with the Commission; and upon Commission Staff by hand delivery.
APPENDIX A
NICHOLAS COUNTY SOLID WASTE AUTHORITY
CASE NO. 16-0652-SWF-42A
150CSR02
Tariff Form No. 8-A
PUBLIC NOTICE OF CHANGE IN RATES UPON APPLICATION
WITHOUT PROPOSED EFFECTIVE DATES
NOTICE is hereby given that the Nicholas County Solid Waste Authority, a public utility, has on May 18,2016, filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, an application containing increased rates, tolls and charges for furnishing solid waste disposal services to 9,977 customers at the Nicholas County Landfill, Craigsville, Nicholas County, West Virginia.
The proposed increased rates and charges will produce approximately $873,847.15 annually in additional revenue. The present and proposed rates are as follows:
Present Proposed $$$ Percent
Rates Rates Increase Increase
Bag rate per bag (up to 20 bags) $1.05 $4.00 $2.95 280.95{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
Appliances $3.58 $15.00 $11.42 318.99{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
Discharge fee $10.00 $10.00 $0.00 0.00{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
Commercial haulers $69.25 $95.75 $26.50 38.27{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
Minimum pickups (less than 300 lbs) $10.50 $25.41 $14.91 142.00{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
Weighted pickups (more than 300 lbs) $69.25 $95.75 $26.50 38.27{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
Passenger tire $4.68 $8.00 $3.32 70.94{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
Small truck tire $6.11 $10.00 $3.89 63.67{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
Large truck tire $16.84 $25.00 $8.16 48.46{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
Commercial cardboard per ton $49.97 discontinued discontinued
Construction & demolition material (clean) $37.50 $53.75 $16.25 43.33{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}
The requested rates and charges are only a proposal and are subject to change (increases or decreases) by the Public Service Commission in its review of this filing. Any increase in rates and charges will not become effective until authorized and approved by the Commission. (If a hearing is scheduled, notice will be given of the time and place of hearing.)
Anyone desiring to protest or intervene should file a written protest or notice of intervention prior to September 20, 2016, unless otherwise modified by Commission order. Failure to timely protest or intervene can affect your rights to protest any rate increases and to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission’s rule on intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and interventions should be addressed to Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, West Virginia 25323.
A complete copy of the proposed rates, as well as a representative of the Company to provide any information requested concerning it, is available to all customers, prospective customers, or their agents at any of the following offices of the Company:
Mark Holstein, Acting Chairman, Nicholas County Solid Waste Authority, 120 Baughman Road, Calvin, WV 26660.
A copy of the proposed rates is available for public inspection at the office of the Executive Secretary of the PUBLIC SERVICE COMMISSION at 201 Brooks Street, Charleston, West Virginia 25323.
NICHOLAS COUNTY SOLID WASTE AUTHORITY