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COMPLAINT
State of West Virginia
Public Service Commission
Charleston
Case No. 04-1026-PSD-C
Susan Rissler Sheely, Complainant
vs.
Jefferson County Public Service District, Defendant.
The petition of the above-named Susan Rissler Sheely, complainant, respectfully shows:
l. That the above-named Jefferson County Public Service District, defendant, is a public utility engaged in the business of sewage collection and treatment in Jefferson County, in the State of West Virginia, and as such is subject to the provisions of Chapter 24 (or 24A) of the Code of West Virginia, 1931, as amended, and the provisions thereof applicable to said class of public utilities.
2. That the said defendant has violated the laws of the State of West Virginia, governing said public utility business, in the following particulars. to-wit:
(a) Concise statement of the matters complained of: The Jefferson County Public Service Dstrict (PSD) has entered into agreements with developers which involve the operation of proposed sewage treatment facilities by the PSD and the ultimate acquisition of the facilities by the PSD without first obtaining permission from the Public Service Commission to operate the facilities, as required by West Virginia Code §24-2-1,. and without first obtaining a certificate of convenience and necessity, as required by West Virginia Code §242-11.
Enclosed are copies of signed agreements between the PSD and Old Standard LLC. Pursuant to these agreements, Old Standard will by deed convey the site of the treatment facility to the PSD. The PSD will then lease the land back to Old Standard and Old Standard will construct the treatment facility. The PSD will then operate the facility for a period of time, at the end of which Old Standard will convey the treatment facility to the PSD.
Also enclosed are copies of signed agreements between the PSD and Thorn Hill LLC. Pursuant to these agreements, Thorn Hill will by deed convey the site of the treatment facility to the PSD. The PSD will then lease the land back to Thorn Hill and Thom Hill will construct the treatment facility. The PSD will then operate the facility for a period of time, at the end of which Thorn Hill will convey the treatment facility to the PSD.
Complainant believes that the proposed facilities which are the subject of these agreements were also the subject of two cases recently pending before the Commission: Jefferson County PSD, Case Nos. 03-1543-PSD-PC and 03-1544-PSD-PC. In those cases, the PSD sought approval of Co-operative Venture Agreements. After the PSC Staff stated that a certificate of convenience and necessity should be required for these projects, the PSD withdrew its petitions.
(b) Remedy sought: The PSC should order that the PSD must obtain approval to operate a sewage utility and a certificate of convenience and necessity before entering into the enclosed agreements.
WHEREFORE, the complainant prays that the said defendant Jefferson County Public Service District be required to answer the charges herein above set out, and that, after due investigation, an order may he made commanding the said defendant to cease and desist from the wrongful conduct aforesaid, and for such other and further order as the Public Service Commission of West Virginia may deem necessary, reasonable and just in the premises.
Dated this 30 day of June, 2004
(Signed)
Susan Rissler Sheelv
(Address)
142 Long Marsh Lane
Charles Town, West Virginia. 25414
(Phone) 304-728-6622
Thomas R. Michael, Attorney, Counsel for Complainant
WV Bar No. 2546.
228 Court Street
Clarksburg, WV 26301
304-623-6678
State of West Virginia
County of Jefferson, ss.
Susan Rissler Sheely, the named Complainant in the foregoing Complaint being duly sworn, says that the facts and allegations therein contained are true, except so far as they are therein stated to be on information, and that, so far as they are therein stated to be on information, she believes them to be true.
Susan Rissler Sheely
Taken, sworn to and subscribed before me this ___ day of June, 2004.
Notary Public in and for said County.
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