L CAleave blank), Complain. (your name) P.O. Box 951; Beckley, WV 25802

Transcription

1 ~~ Form No. 1 COMPLAINT State of West Virginia Public Service Commission Charleston TYPE OR PRINT CLEARLY USING BLACK INK e CASE NO. P L CAleave blank), Complain (Mr.Mrs./Ms.) Ray Tilley, Elder, North Beckley Church of Christ (your name) P.O. Box 951; Beckley, WV (your full address) Raleigh (your county) Please provide address so that we may keep you informed electronically of filings in your case. rtilley@elrobinson.com vs. North Beckley Public Service District, Defendant The petition of the above-named complainant, respectfully shows: 1. That the above-named North Beckley PSD (name of defendant), is a public utility engaged in the business of sewer collection and disposal (state the public utility business of the defendant, Le. gas, electric telephone, etc.] at 122 Clearwater Lane; BeckleY, wv (their address), 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) [Here state concisely the matters complained of.] Sewage from the PSD collection system was discharged into our building (see attached letter). sheet of paper ADO NOT WRITE ON BACK OF PAGES - attach a

2 (b) Here state the remedy you seek Payment of costs incurred. Note PSD insurance carrier has denied claim per attached. Wherefore, the complainant prays that the said defendant North Beckley PSD (defendant s name) be required to answer the charges herein above set out, and that, after due investigation, an order may be 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. [Prayer may ask for the ascertainment of lawful rates of practices, and an order requiring the defendant to conform thereto.] (Your Full Address) P.0. BOX 951 ; Beckley, wv 25802,Signature of Complainant (Phone) ( ) rtilley@elrobinson.com (Fax) (If you have an attorney, hidher name) None Attorney s Address:, Attorney, if applicable. THIS FORM MUST BE NOTARIZED Subscribed and sworn before me this 18+ day of ra /I 4, f 20 - OK (Official signature and official seal of notary) [If Complainant is signing out-of-state, please u ise verific PLEASE NOTE: It is extremely important to notify the PSC of any changes to your co and to promptly retrieve Certified Mail upon notification of such. r\s (If2 :-f >y< c;: CY rq -;.? Cx3 cn m

3 North Beckley Church of Christ B January 17,2008 it3 r- 62 ; 3 :,"-, i * P\9 c-> e-#._ --: c, Ms. Sandra Squire, Executive Secretary Public Service Commission of WV 201 Brooks Street P.O. Box 812 Charleston, West Virginia Dear Ms. Squire: Re: &i&- Sewer Discharge North Beckley Church of Christ October 14,200'7 P0-G The Eldership of the North Beckley Church of Christ has authorized me to file a formal complaint relating to the overflow of the North Beckley Public Service District's wastewater system into our building. I enclose a completed and notarized Form 1 and copies of correspondence which has passed between the parties to date. We were very disappointed and somewhat amazed that the PSD's insurance carrier denied responsibility for the failure of the PSD's system. We hesitate to file a lawsuit and are hopeful that the Public Service Commission can resolve the matter. If you have any questions, please let me know. Sincerely, Enclos yres Ray TTUey, P.E. Elder North Beckley Church of Christ

4 rth Beckley E urch of Christ s November 28,2007 Ms. DonnaF. Sawyers General Manager North Beckley Public Service District 122 Clear Water Lane Beckley, West Virginia Dear Donna: Re: Sewer Backup North Beckley Church of Christ October 14,2007 It is my understanding that your insurance carrier has denied any liability relating to the sewer backup experienced at the North Beckley Church of Christ on October 14,2007. I further understand that the reason given for the denial was that this was an unforeseen incident. My purpose in writing is to relate an eyewitness account of the events. At approximately 950 am, I noted that the urinal in the men s room was not flushing properly and further noted that the drain line was leaking. I frst thought that the problem was limited to this restroom and placed an Out of Order sign on the door. Shortly after, a lady exited the Ladies Room and advised Terry Cole and me that the commodes in the Ladies Restroom were not flushing. Thinking that we might have a blockage, we put Out of Order signs on all bathrooms and all water flows from our facilities stopped. We called the PSD to report that we had a problem. The problem grew steadily worse, raw sewage began spilling fiom the commodes and from the kitchen sink, the kitchen being located on a lower level. That part of our building began filling with h es and we evacuated the people fiom the classroom area to the auditorium. After a few minutes in the auditorium, we dismissed. While we were in the auditorium, Dale Ballard and another employee arrived onsite and opened the manhole in our parking lot. It was full to nearly overflowing. With the flusher, they were able to clear the obstruction and the sewage spilling fiom our fmtures stopped. It had ruined carpeting, flooring, rugs, books and supplies. It is obvious that the blockage was downstream of our connection to the main sewer line and further obvious that sewage entering the line, being blocked fiom proceeding hrther, was exiting the system through our fxtures, they being the lowest point. It is my further understanding that the PSD s insurance adjustor indicated that a grease buildup was the reason for the blockage. Our kitchen is used about 12 times per year so we have contributed very little grease to the PSD s collection system.

5 Ms. Sawyers November 28,2007 Page Two Attached is an accounting of our costs to repair the damage caused by this spill of raw sewage. It totals $6, We do not believe it is fair for the church to be expected to bear this cost. We appreciate the quick response of your employees in dealing with this problem which kept the damages from being far worse, as was the case with the previous backup. We also appreciate your having already installed a check valve in our service line and are hopeful that this will prevent f'bture problems. We further appreciate your efforts to provide wastewater collection and disposal services and understand what a difficult challenge you face. We trust you understand and appreciate our position. If you wish to discuss these matters, please call me at my office at W Sincerely, I ). *" "1.i /.i i <, ; { ii' <- r"l Ray Tilley, P.E. North Beckley Church of Christ

6 North Beckley Church of Christ Damage Report due to Sewer Backup p 8-.- p,, 1,- October 14, t :. + ij I:.: I 'td i,j 3 P" 'i? Cost of Carpet Carpet I n sta I I at ion $ 1, ; i"l ; 3 i. SERVEPRO OF BECKLEY cleaning services Cost of removing carpet and replacing flooring Microwave Oven 2 Coffee Pots Electric Can Opener 2 Trash Cans (35 gal.) Books Cost of items used in cleanup Dishdrainer and Tray Baseboard in ladies' room--estimated cost 1 vinyl chair mat--estimated cost 7 flower arrangements--estimated cost A. 125 Styrofoam bowls B. 30 plastic table covers C. 1 box of party decorations D. I pkg of Styrofoam plates E. 2 plastic pitchers F. 4 plastic bowls G. 6 Tupperward bowls H. Measuring cup I. 2 cake pans J. Basket containing plastic knives, forks, ti spoons A. through J. -- estimated cost 1, Total cost of damage $ 6,368.51

7 October 29,2007 Kevin Taylor North Beckley Church Of Christ 3721 Robert C Boyd Dr Beckely, WV RE: Insured: Claim Number: C1 aimant: Date of Loss: North Beckley Public Sei-vkg.j3jsirict WVSP North Beckley Church Of Christ 1 O/ 14/ Dear Mr. Taylor: Glsttfelter Claims Management, Inc. is handling this matter on behalf of Anieiican Alternative Insurance Corporation, which is the general liability carrier for the above captioned insured. We have completed our investigation into the circumstances surrounding this accident. Based on all available infomation, we have concluded that our insured has no legal obligation to pay for any damage sustained as a result of this accident _- The West Virginia Insurance code requires that we notify you that if you believe this claim has been incorrectly denied, you may contact the Consumer Services Division of the West Virginia Offices of the Insurance Cornmissioner, Post Office Box 50540, Charleston, West Virginia You may also contact the West Virginia Offices of the Insurance Commissioner by telephone at (304) or (888) TRY-WVIC. Their website address is: gov _ State lagrequires us to tell you that the statute of limitations or other time limit may be expiring. If you have any additional infomation that we should consider, please do not hesitate to contact me. Sincerely, Michael Baker Sr. Liability Representative Extension 7664

8 November 30,2007 North Beckley Church Of Christ P. 0. Box Robert C Boyd Dr Beckely, WV RE: Insured: North Beckley Public Service District Claim Ntuinher: W c7sp Claimant: Date of Loss: North Beckley Ch.urch Of Christ 1 O/ 14/2007 Dear Mr. Tilley: Gtatfelter Claims Management, Inc. is handling this matter on behalf of American Alternative Insurance Corporation. We have reviewed your November 28,2007 correspondence directed to North Beckley Public Service District. It appears our initial correspondence dated October 29,2007 did not reach you because of an incomplete address; therefore, we have enclosed a copy or your records. While we understand your concerns, the sewage backup did not occur as a result of any negligence by the North Beckley Public Service District. Accordingly, they have no legal obligation to pay damages sustained by the church as a result of this accident. If you have any additional information that we should consider, please do not hesitate to contact rn e. Michael 4. Baker, CPCU Liability Specialist Extension 7664 c. North Beckley PSD - Donna Sawyers

9 ~~ PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON sec wpd Entered by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, in the City of Charleston on the 22ND day of January, CASE NO PSD-C NORTH BECKLEY CHURCH OF CHRIST Beckley, Raleigh County, Complainant, V. NORTH BECKLEY PUBLIC SERVICE DISTRICT, a public utility, Defendant. COMMISSION ORDER On January 22,2008, Ray Tilley, Elder, North Beckley Church of Christ, Beckley, Raleigh County, filed a formal complaint, duly verified, against North Beckley Public Service District, a public utility. IT IS THEREFORE ORDERED that the Defendant, be, and it hereby is, required to satis@ said formal complaint or make answer thereto, in writing, within ten (1 0) days of the service upon them by certified mail of a copy of said formal complaint and a copy of this order in accordance with the provisions of Rule 7 of the Rules of Practice and Procedure before this Commission, and after receipt thereof or default therein, the Commission will proceed to investigate the matters set forth in said formal complaint in such manner and by such means as may be deemed proper. IT IS FURTHER ORDERED that the Executive Secretary of the Commission, be, and she hereby is, directed to serve a copy of said formal complaint upon the Defendant, by delivering to them a copy of said formal complaint and a copy of this order by United States Certified Mail, return receipt requested. S Slpj h s.wpd I' Public Service Commission of West Virginia Charleston