PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of th PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 21st day of March 2016.
CASE NO. 16-0322-W-MA
CITY OF RONCEVERTE,
a municipal utility.
Investigation and suspension of increase in water rates and charges as a result of petitions filed in accordance with W. Va. Code § 24-2-4b.
COMMISSION ORDER SUSPENDING RATES AND REFERRING TO ADMINISTRATIVE LAW JUDGE
On or about March 7, 2016, the City of Ronceverte (Ronceverte) adopted an ordinance increasing the rates and charges to water customers of Ronceverte to become effective on April 21, 2016.
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 and/or 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 March 18, 2016, the Comm-ission received a Petition of protest apparently signed by not less than twenty-five percent of Ronceverte’s water customers. The Petition requested suspension of any water rate increase and Commission review of the ordinance pursuant to Rule 44 of the Commission’s Rule for the Construction and Filing of Tariffs under W.Va. Code §24-2-4b. If Ronceverte desires to challenge the validity of the Petition, it should promptly do so.
IT IS THEREFORE ORDERED that the City of Ronceverte is hereby made a respondent to this procceding, and, pending investigation, hearing and decision thereon, pursuant to the requirements of W.Va. Code §24-2-4b, the aforesaid proposed water rates and charges are hereby suspended and the use of the rates and charges stated therein deferred until 12:01 AM, August 19, 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 aforesaid provisions of the W.Va. Code.
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 July 20, 2016.
it is further ordered that Commission Staff shall submit its report on or before June 5, 2016.
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 ciculation in the City of Ronceverte, 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, PO 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.
CITY OF RONCEVERTE
(25mr)