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PUBLIC SERVICE COMMISSION

OF WEST VIRGINIA

CHARLESTON

CASE NO. 04-0095-S-CN

CITY OF CHARLES TOWN SEWER DEPARTMENT

Application for a certificate of convenience

and necessity to construct improvements to its

existing wastewater treatment system

_____________________________________________________________

INITIAL BRIEF ON BEHALF OF THE CITY OF RANSON

_____________________________________________________________

Comes now the City of Ranson ("hereinafter Ranson"), by Counsel, David C. Glover, and hereby submits its Initial Brief in this matter.

Ranson supports the City of Charles Town's Application for a Certificate of Public Convenience and Necessity in this case. Accordingly, Ranson requests that the Administrative Law Judge approve Charles Town's proposed project as described in the application and at the hearing. Commission Staff filed a Post-Hearing Final Joint Staff Memorandum wherein it recommends approval of the First Revised Amendment to the 1988 Sewer Service Agreement between Charles Town, Ranson and Jefferson County Public Service District. However, Staff's approval is for a limited period of up to one (1) year or until the sewer resale rate is implemented by Charles Town, whichever comes first.

As explained by Paul David Mills, City Manager for Ranson, allocation of some level of capacity in Charles Town's proposed upgrades to its plant is vital to Ranson. (Tr., pp. 296-311). Commission Staff has recommended that the current remaining capacity in the Charles Town plant be allocated on a first-come, first-serve basis. Under this approach for the remaining capacity, potential customers of Ranson have very little chance of obtaining any of the remaining capacity in the Charles Town plant.

Under Charles Town's project, plant capacity will be increased by approximately 500,000 gallons per day. The First Revised Amendment to the 1988 Sewer Service Agreement provides that the increased capacity will be apportioned equally among the 3 utilities. Ranson must have an allocated share of the increased plant capacity in order for Ranson to satisfy any potential customer growth. Ranson will be unable to plan any customer growth if it fails to receive an allocated share of the increased capacity. Furthermore, if Ranson fails to receive an allocated share of the increased capacity, it is possible that customers of Jefferson County PSD will consume all of the increased capacity and Ranson will be unable to share in any of the increased capacity.

As Mr. Mills explained at the hearing, if Ranson was not a partner with Charles Town and Jefferson County PSD and Ranson had its own plant, it would have already filed for a certificate to upgrade its sewer plant to meet its capacity demand. Ranson is the largest municipality in Jefferson County. Ranson, as any prudent utility would do, undertook a 9-year analysis of sewer capacity needed, which was received into evidence at the hearing as Ranson Exhibit No. 1. According to Ranson's analysis, it projects a total of 3,402 EDUs added to its system over the next 9 years.

With that said, Ranson objects to Staff's 1-year deadline on the terms of the First Revised Amendment to the 1988 Sewer Service Agreement. Ranson respectfully requests that the Administrative Law Judge approve the First Revised Amendment to the 1988 Sewer Service Agreement without any time limitation.

WHEREFORE, for the foregoing reasons, Ranson respectfully requests that the Administrative Law Judge grant a Certificate of Public Convenience and Necessity to Charles Town to make the improvements to its waste water treatment plant and to approve the First Revised Amendment to the 1988 Sewer Service Agreement, without any time limitation.

Respectfully submitted this 10th day of September, 2004.

David C. Glover, Esquire

WV Bar No. 4606

Co-Counsel for the City of Ranson

WATERS, WARNER & HARRIS, PLLC

P. O. Box 1716

Clarksburg, WV 26302-1716

PUBLIC SERVICE COMMISSION

OF WEST VIRGINIA

CHARLESTON

CASE NO. 04-0095-S-CN

CITY OF CHARLES TOWN SEWER DEPARTMENT

Application for a certificate of convenience

and necessity to construct improvements to its

existing wastewater treatment system

CERTIFICATE OF SERVICE

I, David C. Glover, Esquire, Counsel for the City of Ranson, do hereby certify that a copy of the foregoing "INITIAL BRIEF ON BEHALF OF THE CITY OF RANSON" has been served upon the following parties of record, via e-mail and also First Class Mail, postage prepaid, this 10th day of September, 2004:

James V. Kelsh, Esquire

Law Offices of Robert R. Rodecker

300 Summers Street, Ste. 1230

Charleston, WV 25337

Counsel for Jefferson County PSD

Hoy G. Shingleton, Jr., Esquire

Law Offices of Hoy Shingleton, L.C.

115 Aikens Center, Ste. 24

Martinsburg, WV 25401

Counsel for City of Charles Town Sewer Department

Georgianna M. Pardo, Esquire

44084 Riverside Parkway, Suite 300

Leesburg, VA 21076-5102

Counsel for Huntfield, L.C.

Ronald E. Robertson, Jr., Esquire

Public Service Commission of West Virginia

201 Brooks Street

P. O. Box 812

Charleston, WV 25323

Paul Burke

P. O. Box 1320

Shepherdstown, WV 25443

David C. Glover, Esquire

(WVSB #4606)