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1 ENTERED o.b.j~ Page sec wpd PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Entered by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, in the City of Charleston on the 10* day of August, M.C. CASES NOS TC-AC-X2, TC-AC-X, and TC-X MIDDLE ISLAND ENTERPRISES, INC., Bridgeport, Harrison County. Application for the amendment of one (1) certificate and a portion another certificate, and for the transfer and assignment of said certificate and said portion of a certificate, and for the transfer of a third certificate, through the cancellation of all three (3) certificates and the issuance of a new consolidated certificate to WASTE MANAGEMENT OF WEST VIRGINIA, INC., Bridgeport, Harrison County; and M.C. CASES NOS TC-AC-X, TC-AC-X, and TC-AC-X BOOTHS CREEK SANITATION, INC., Bridgeport, Harrison County. Application for the amendment of, and for the transfer and assignment of, three (3) certificates through the cancellation of said certificates and the issuance of a new consolidated certificate to WASTE MANAGEMENT OF WEST VIRGINIA, INC., Bridgeport, Harrison County; and M.C. CASE NO X MIDDLE ISLAND ENTERPRISES, INC. Bridgeport, Harrison County. Application for the cancellation of a permit;

2 ~ Bridgeport, (I I M.C. CASE NO TC-X6 BIG VALLEY TRANSPORT, INC., Pecks Mill, Logan County. Application for the transfer and assignment of a portion of a certificate through the cancellation of said certificate and the issuance of a new consolidated certificate to WASTE MANAGEMENT OF WEST VIRGINIA, INC., Bridgeport, Harrison County; and M.C. CASE NO TC-X2 I1 ll EASTERN WASTE OF WEST VIRGINIA, INC., Harrison County. Application for the transfer and assignment of a portion of a certificate through the cancellation of said certificate and the issuance of a new consolidated certificate to WASTE MANAGEMENT OF WEST VIRGINIA, INC., Bridgeport, Harrison County; and M.C. CASE NO TC-X CHAMBERS OF WEST VIRGINIA, INC., doing business as USA WASTE SERVICES OF WEST VIRGINIA, Bridgeport, Harrison County. Application for the transfer and assignment of a certificate through the cancellation of said certificate and the issuance of a new consolidated certificate to WASTE MANAGEMENT OF WEST VIRGINIA, INC., Bridgeport, Harrison County. NOTICE OF FILING WHEREAS, on July 20,2001, Edward J. George, counsel for Waste Management of West Virginia, Inc. filed an application to transfer the above mentioned cases. On August 8,200 1,Thornton Cooper, Deputy Director of the Transportation Division of the Public Service Commission filed a letter directing the Executive Secretary s Office to open the above mentioned cases to process an application for the amendment, clarification, transfer and assignment of several certificates through the cancellation of said certificates and the issuance of a new consolidated certificate to Waste Management of West Virginia, Inc., Bridgeport, Harrison County.

3 In Mr. Cooper s letter dated August 8,2001, he also described the authority held by each Company and the authority to be held by Waste Management of West Virginia, Inc. (WMWV), once the transfer and amendment of said certificates is completed. Staff requires the following information be contained in the publication order: That Middle Island Enterprises, Inc. (MIE), Booths Creek Sanitation, Inc. (BCS), Big Valley Transport, Inc., (Big Valley), Eastern Waste of West Virginia, Inc. (Eastern), Chambers of West Virginia, Inc., dba USA Waste Services of West Virginia (Chambers), and WMWV are six (6) of a number of corporations that are controlled by Waste Management, Inc., (WMI), which is based in Houston, Texas. That as part of a corporate merger and reorganization plan, MIE, BCS, Big Valley, Eastern, Chambers, and WMWV, and several other corporations controlled by WMI seek approval from the Commission to merge into one corporation, with WMWV being the surviving corporation. That as part of that corporate merger and reorganization plan, all Commissionissued operating authority, held by WMI-controlled corporations, to transport solid waste and other discarded materials is to be transferred to WMWV. That as apart of that corporate merger and reorganization plan, all Commission-issued certificates of convenience and necessity that are held by WMI-controlled corporations are to be consolidated into six (6) certificates of convenience and necessity held by WMWV, with each certificate to contain operating authority that relates to one of six (6) West Virginia regions. That Barbour, Braxton, Doddridge, Gilmer, Harrison, Marion, Preston, Randolph, Taylor, Tucker, and Webster Counties are located in what WMI has designated as its Bridgeport Region in West Virginia. That MIE holds P.S.C. M.C. Certificate No. F-5123 (M.C. Case No Ol-TC-AC-X2), which authorizes MIE to transport solid waste from all or portions of three (3) counties, of which two (2EDoddridge and Harrison Counties-are located in the aforesaid Bridgeport Region. That MIE holds two (2) other certificates--p.s.c. M.C. Certificate No. F-5910 (M.C. Case No TC-AC-X) and P.S.C. M.C. Certificate No. F-6882 (M.C. Case No TC-X)-that, collectively, authorize MIE to transport solid waste from certain points and places in Doddridge and Harrison Counties.

4 That BCS holds three (3) certificates-p.s.c. M.C. Certificate No. F-5322 (M.C. Case No TC-AC-X), P.S.C. M.C. Certificate No. F-5348 (M.C. CaseNo TC-AC-X), andp.s.c. M.C. CertificateNo. F-5510 (M.C. Case No TC-AC-X)-- that, collectively, authorizes BCS to transport solid waste from certain points and places in Barbour, Marion, and Taylor Counties. That there is some confusion as to whether P.S.C. M.C. Certificate No. F also authorizes BCS to transport solid waste from certain points and places in Harrison County. That Big Valley holds P.S.C. M.C. Certificate No. F-6973 ( M.C. Case No TC-X6), which authorizes Big Valley to transport hazardous waste from all or portions of thirty-four (34) counties, including seven (7) counties-braxton, Doddridge, Preston, Randolph, Taylor, Tucker, and Webster Counties-that are located in the Bridgeport Region. That Eastern holds P.S.C. M.C. Certificate No. F-7363 (M.C. CaseNo TC-X2), which authorizes Eastern to transport solid waste from all or portions of three (3) counties, of which two (2)-Braxton and Gilmer-are located in the Bridgeport Region. That Chambers holds P.S.C. M.C. Certificate No. F-7375 (M.C. Case No TC-X) which authorizes Chambers to transport solid waste from certain points and places in Barbour, Gilmer, and Harrison Counties. That MIE also holds P.S.C. M.C. Permit No. H (M.C. CaseNo X), which authorizes MIE to transport solid waste from certain points and places in Harrison County, under contract with the National Guard. That P.S.C. M.C. Certificates Nos. F-5123 and F-5910, held by MIE, and P.S.C. M.C. Certificates Nos. F-5322, F-5348, and F-55 10, held by BCS, are all ambiguous and need to be clarified. That if the applications are approved, P.S.C. M.C. Certificates Nos. F-5 123, F-5910, and F-6882, held by MIE, P.S.C. M.C. Certificates Nos. F-5322, F- 5348, and F-5510, held by BCS, P.S.C. M.C. Certificate No. F-6973, held by Big Valley, P.S.C. M.C. Certificate No. F-7363, held by Eastern, and P.S.C. M.C. Certificate No. F-7375, held by Chambers, will all be cancelled and that a new consolidated certificate will be issued to WMWV that contains the operating authority now held by MIE, BCS, Big Valley, Eastern, and Chambers with respect to the eleven (1 1) counties in the Bridgeport Region.

5 (16) That if the applications are approved, the portions of P.S.C. M.C. Certificates Nos. F-5123, F-6973, and F-7363 that relate to counties outside the Bridgeport Region will be incorporated into other consolidated certificates that will be issued to WMWV in other proceedings. (17) That it the applications are approved, P.S.C. M.C. Permit No. H will be cancelled as being duplicative of the operating authority contained in the consolidated certificate with respect to the Bridgeport Region. (18) That if the applications are approved, the new, consolidated, and clarified certificate that will be issued to WMWV would read as follows: to operate as a common carrier by motor vehicle in the transportation of solid waste, and hazardous waste from the following counties (or portions thereof): the transportation of solid waste, in residential services, fiom those points and places in Barbour County, west of U.S. Route 250, that are located within a radius of 1.5 miles of any point or points along W.Va. Route 76 to places of disposal; the transportation of solid waste, in residential services, fiom those points and places in Barbour County that are located within a radius of two (2) miles of the intersection between Barbour County Routes 16 and 16/2 to places of disposal; the transportation of solid waste, in commercial service, through the use of rolloff containers having a capacity of at least twenty-three (23) cubic yards each, from points and places in Barbour and Gilmer Counties to places of disposal; the transportation of solid waste from points and places in Braxton County to places of disposal; the transportation of liquid hazardous waste and solid hazardous waste-excluding, however, the transportation of leachate and infectious medical waste-that no landfill in West Virginia may lawfully accept for disposal, fiom points and places in Braxton, Doddridge, Preston, Randolph, Taylor, Tucker, and Webster Counties to disposal sites, approved by the United States Environmental Protection Agency, that are located outside West Virginia;

6 the transportation of solid waste from points and places in Doddridge County, subject to the following exclusions-(a) excluding the transportation of solid waste from those points and places in Doddridge County, north of U.S. Route 50, that are located within a radius of two (2) miles of the point at which U.S. Route 50 crosses the Doddridge- Ritchie county line, and (b) m e r excluding the transportation of solid waste from those points and places in Doddridge County that are located within a radius of 0.5 mile of the intersection between Doddridge County Route 36 and Doddridge County Delta Route 4-40 places of disposal; the transportation of solid waste from those points and places in Gilmer County that are located to the south of Steer Creek, or to the south of the Left Fork of Steer Creek, to places of disposal; the transportation of solid waste from those points and places in Gilmer County that are located within a radius of 0.5 mile of any point or points along Steer Creek or the Left Fork of Steer Creek to places of disposal; the transportation of solid waste from those points and places in Harrison County, north of 39" 12' North latitude (said latitudinal line running through, or next to, the intersection between W. Va. Route 20 and Harrison County Route 20/18), that are located to the east of 1-79, subject to the following exclusions -- (a) excluding the transportation of solid waste from those points and places in Harrison County that are located within a radius of 0.7 mile of any point or points along Harrison County Route 23/6 and (b) further excluding the transportation of solid waste from any points and places in Harrison County that are located withm a radius of 0.2 mile of any point or points along Harrison County Route 57/1 -- to places of disposal; the transportation of solid waste from those points and places in Harrison County, lying both south of 39" 12' North latitude and east of 80" 18' 30" West longitude (said longitudinal line running through, or next to, the intersection between Harrison County Routes 20/13 and 25/4), that are located within a radius of four (4) miles of the intersection between W. Va. Route 20 and Harrison County Route 20/15, subject to the following exclusions -- (a) excluding the transportation of solid waste from those points and places in Harrison County that are located within a radius of 0.2 mile of any point or points along one or more of the following routes: Harrison County Routes 20/21, 20/44, and 5711, and (b) further excluding the

7 transportation of solid waste fiom those points and places in Harrison County that are located to the east of Gnatty Creek and Stouts Run -- to places of disposal; (11) the transportation of solid waste from those points and places in Harrison County that are located within a radius of four (4) miles of the intersection between W. Va. Route 13 1 and Harrison County Route 73/6 to places of disposal; (12) the transportation of solid waste from those points and places in Harrison County, west of 1-79, lying north of U. S. Route 50 and outside the corporate limits of the City of Clarksburg (as said corporate limits are reflected on a 1995 county road map of northern Harrison County, prepared by the West Virginia Department of Transportation), that are located within a radius of six (6) miles of the intersection between U. S. Route 50 and Harrison County Route 24, subject to the following exclusions -- (a) excluding the transportation of solid waste, other than the transportation of solid waste in commercial service through the use of rolloff containers, fiom those points and places in Harrison County that are located to the west of U. S. Route 19; (b) further excluding the transportation of solid waste, other than the transportation of solid waste in commercial service through the use of rolloff containers, from those points and places in Harrison County, on the west side of the West Fork River, that are located due west of that segment of the West Fork River that lies between the point at which the West Fork River crosses said corporate limits and the point at which Harrison County Route 24 crosses over the West Fork River; and (c) further excluding the transportation of solid waste, other than the transportation of solid waste in commercial service through the use of rolloff containers, from those points and places in Harrison County, on the west side of Harrison County Route 24, that are located due west of that segment of Harrison County Route 24 that lies between its intersections with U. S. Route 19 and Harrison County Route 13/1 -- to places of disposal; (13) the transportation of solid waste from those points and places in Harrison County that are located within the corporate limits of the City of Clarksburg, as said corporate limits existed as of May 11, 1998, to places of disposal; (14) the transportation of solid waste from those points and places in Harrison County that are located within the territory bounded by the

8 following perimeter -- Beginning at that point in the southwestern portion of the 1995 corporate limits of the City of Clarksburg, as said corporate limits are reflected on a 1995 county road map of southern Harrison County prepared by the West Virginia Department of Transportation, that is located at, or closest to, the intersection between U. S. Route 19 and W. Va. Route 98 that is next to the West Fork River; then proceeding along said corporate limits in a generally westerly and northerly direction to the point in said corporate limits that is closest to the southernmost point on Harrison County Route 50/12; then proceeding along said corporate limits in a generally westerly direction for a distance of approximately 0.06 mile to the point at which said corporate limits turn south; then proceeding due north from that point to a point on U. S. Route 50; then proceeding along U. S. Route 50 in a generally easterly direction to the point at which it crosses said corporate limits; then proceeding along said corporate limits in a generally southerly direction to the place of beginning -- to places of disposal; (15) the transportation of solid waste from those points and places in Harrison County that are located within the territory, other than the nine (9) tax-map parcels listed herein below, bounded by the following perimeter -- Beginning at the intersection between U. S. Route 19 and Harrison County Delta Route 46, as reflected on a 1995 county road map of northern Harrison County prepared by the West Virginia Department of Transportation; then proceeding due east from that point a distance of approximately 0.9 mile to a point on the southern end of Harrison County Route 19/12; then proceeding due east from that point a distance of approximately 0.2 mile to a point that is due south of the southernmost point on Harrison County Route 19/57; then proceeding due north to the southernmost point on Harrison County Route 19/57; then proceeding along Harrison County Route 19/57 in a generally northerly direction to the intersection between U. S. Route 19 and Harrison County Route 19/57; then proceeding along U. S. Route 19 in a generally southerly and southwesterly direction to the place of beginning; provided, however, that the above excluded territory does not include the following nine (9) tax-map parcels: Parcels Nos. 38.1, 39,5 1, and 56.1 on Harrison County Tax Map No. 306, an occupant of which parcel is or was Star Motor Co.; Parcel No on Harrison County Tax Map No. 306, an occupant of which parcel is or was Go- Mart Food Store No. 29; Parcels Nos. 5 and 92 of Harrison County Tax Map No. 326, an occupant of which parcels is or was CVS Drug Store; Parcel No. 6 of Harrison County Tax Map No. 326, an occupant of

9 which parcel is or was Food Lion Store No. 1169; and Parcel No. 7 of Harrison County Tax Map No. 326, an occupant of which parcel is or was the Army National Guard, 119th Engineering Co., with the tax maps of Harrison County being dated April 1960 and being last revised on February 20, to places of disposal; the transportation of solid waste from those points and places in Harrison County, lying west of 1-79 and south of U. S. Route 50, that are located within a radius of 5.5 miles of the intersection between U. S. Route 50 and Harrison County Route 24, subject to the following exclusion -- excluding the transportation of solid waste, other than the transportation of solid waste in commercial service through the use of rolloff containers, from those points and places in Harrison County that are located within the territory bounded by the following perimeter: Beginning at the point at which Harrison County Route 23/9 crosses the western corporate limits of the Town of Anmoore; then proceeding due west a distance of approximately 1.O mile to a point that is located due south of the easternmost point in the corporate limits of the Town of Nutter Fort, as the corporate limits of those two municipalities are reflected on 1995 county road maps of Harrison County prepared by the West Virginia Department of Transportation; then proceeding due north a distance of approximately 1.O mile to a point along the southern corporate limits of the City of Clarksburg, as said corporate limits existed as of May 11,1998; then proceeding along said corporate limits in a generally easterly direction to a point that is due north of the place of beginning; then proceeding due south a distance of approximately 1.0 mile to the place of beginning -- to places of disposal; the transportation of solid waste -- including, but not limited to, service to residential, commercial, industrial, and governmental customers, by hand pickup, containerized service, and polycarts, but excluding rolloff service -- from those points and places in Harrison County that are located within the corporate limits of the Town of Lost Creek -- to places of disposal; the transportation of solid waste in containerized commercial service, excluding rolloff service, to commercial, governmental, and industrial customers from those points and places in Harrison County that are located within the corporate limits of the City of Shinnston, to places of disposal;

10 the transportation of solid waste from those points and places in Harrison County, north of U. S. Route 50, that are located within a radius of three (3) miles of the point at which W. Va. Route 23 crosses the Doddridge-Harrison county line, subject to the following exclusion -- excluding the transportation of solid waste from those points and places in Harrison County that are located to the northeast of Harrison County Route 5/7 -- to places of disposal; the transportation of solid waste from those points and places in Harrison County that are located within a radius of two (2) miles of any point or points along the corporate limits of the City of Salem, as said corporate limits existed as of December 16, 1985, subject to the following exclusion -- excluding the transportation of solid waste in commercial service through the use of rolloff containers from those points and places in Harrison County that are located within the corporate limits of the City of Salem, as said corporate limits existed as of September 9, to places of disposal; the transportation of solid waste, in noncommercial, nonbusiness service, through the use of rolloff containers, from those points and places in Harrison County that are located within the corporate limits of the Town of Lost Creek, and from those points and places in Harrison County that are located more than six (6) miles from the intersection betweenu. S. Route 19 and Harrison County Route 19/18, to places of disposal; the transportation of solid waste, in commercial service, from those points and places in Marion County that are located within a radius of four (4) miles of the intersection between U. S. Route 250 and Marion County Route 73/73 to places of disposal; the transportation of solid waste, in residential service, from those points and places in Marion County, northwest of 1-79 and east of Harrison County Route 64, that are located within a radius of 0.4 mile of the intersection between 1-79 and Harrison County Route 64, subject to the following exclusion -- excluding the transportation of solid waste, in residential service, from those points and places in Marion County that are located more than four (4) miles from the intersection between U. S. Route 250 and Marion County Route 73/73 -- to places of disposal;

11 the transportation of solid waste, in residential service, fiomthose points and places in Marion County that are located within a radius of 0.2 mile of any point or points along one (1) of the following routes -- Marion County Routes 73/73 and 250/22 -- to places of disposal; the transportation of solid waste, in residential service, fiomthose points and places in Marion County, west of the Tygart Valley River, that are located to the south of 39" 25' North latitude (said latitudinal line running through, or next to, the intersection between U. S. Route 250 and Marion County Route 250/24), to places of disposal; the transportation of solid waste, in residential service, fi-omthose points and places in Marion County, lying both west of the Tygart Valley River (or the Monongahela River) and northwest of 1-79, that are located within a radius of four (4) miles of the intersection between U. S. Route 250 and Marion County Route 73/73, to places of disposal; and the transportation of solid waste fiom those points and places in Taylor County that are located outside the corporate limits of the City of Grafton, as said corporate limits existed as of February 28, 1978, to places of disposal. the transportation of any and all discarded materials-including, but not limited to, glass, ferrous and nonferrous metals, paper, and plastics-that the carrier, customer, consignor, or consignee intends to recycle, or to have another person recycle, fiom points and places in Jackson, Ritchie, and Tyler Counties to places of disposal; That if the applications are approved, the newly issued consolidated certificate will be assigned a new certificate number and a new case number. That if the applications are approved, the customers of MIE, BCS, Big Valley, Eastern, and Chambers will continue to pay WMWV at the same rates and charges that they have been paying MIE, BCS, Big Valley, Eastern, and Chambers for the same service, until further order of the Commission, and that WMWV will be required to file a notice adopting those rates and charges. That if no letters of protest requesting a hearing on the applications are filed in a timely manner, the Commission may approve the applications without first holding a hearing.

12 IT IS ORDERED that the applicant give notice of the filing of said application by publishing a copy of this order once in a newspaper, duly qualified by the Secretary of State, published and of general circulation in Barbour, Braxton, Doddridge, Gilmer, Harrison, Marion, Preston, Randolph, Taylor, Tucker, and Webster Counties, making due return to this Commission of proper affidavit of publication within ten (10) days of such publication. Anyone desiring to make objection to said application must do so in writing within ten (10) days after the publication of said notice, to Sandra Squire, Executive Secretary, P. 0. Box 8 12, Charleston, West Virginia Said written objection must request a hearing if a hearing is desired, and the protestant should appear at said hearing to protect stated interest. If no protest are received, the Commission may grant the request without a hearing. FOR THE COMMISSION: &uir%p Executive Secretary SSIjan sa.wpd