Public Service Commission of West Virginia

Transcription

1 Public Service Commission of West Virginia 201 Brooks Street, P.O. Box 812 Charleston, West Virginia Phone: (304) Fax: (304) January 10,201 9 Kenneth Lee Fiddler 4 14 East 13 th Avenue Ranson, WV William F. Rohrbaugh, Esq. General Counsel Berkeley County Public Service Sewer District 142 N. Queen Street Martinsburg, WV RE: Case No PSD-C Kenneth Lee Fiddler V. Berkeley County Public Service Sewer District Gentlemen: Pursuant to Rule 4.3.c of the Commission s Rules of Practice and Procedure, we are enclosing a copy of the Staff memorandum in this matter. If you wish to respond to the enclosed Staff memorandum, you may do so in writing within 10 days of this date, unless otherwise directed, submitted to the Executive Secretary s Office at the above address. All other parties of record have agreed to be provided a copy by . Your failure to respond in writing to the utility s answer, Staffs recommendations, or other documents may result in a decision in your case based on your original filing and the other documents in the case file, without further hearing or notice. When you provide an address, you will automatically receive docket notifications as documents are filed in this proceeding. The notifications allow recipients to view a document within an hour from the time the filing is processed. If you have not provided your address, please send an to caseinfo@psc.state.wv.us and state the case number in the subject field. Sincerely, IF/s Enc.: Memo Ingrid ferrell, Director Executive Secretary Division

2 FINAL JOINT STAFF MEMORANDUM TO: FROM: RE: INGRID FERRELL Executive Secretary 4w Staff Attorney JACKCLARK CASE NO PSD-C KENNETH LEE FIDDLER DATE: January 10,2019 V. BERKELEY COUNTY PUBLIC SERVICE SEWER DISTRICT Staff recommends this matter be dismissed. The parties should be given ten (10) days to file any written objection to this Staff recommendation. If no objection if filed, this matter should be dismissed and removed from the Commission s docket of open cases. Backmound and Relevant FilinPs On October 12, 2018, Kenneth Lee Fiddler (Complainant) filed a formal complaint before the Public Service Commission of West Virginia (Commission) against the Berkeley County Public Service Sewer District (District). The Complainant raised a property damage claim at his residence located at 246 Ernest Lane, Martinsburg, West Virginia. The Complainant stated that the District dumped large rocks into Mill Creek causing the road to wash out thus making it impossible to access his property. The Complainant also noted that four ash trees worth two thousand five hundred dollars ($2,500.00) experienced root damage and died. As a remedy, the Complainant requested the rocks be removed from the creek and the road repaired. On November 15, 2018 the District filed its answer. The District stated that on November 8, 20 18, the District s inspector, Denny Murphy, visited the Complainant s property. Upon inspection of the property, the inspector noted the property was vacant. The inspector did not find any of the damages alleged by the Complainant and the District has not performed any construction in the areas of the Complainant s home in over fifteen years. The District requested the complaint be dismissed. Engineering Staff Final Review and Recommendation Lisa Bailey, Technical Analyst with the Commission s Engineering Division (Engineering Staff) filed the attached Final Memorandum in this matter. Engineering Staff spoke to both parties prior to conducting a field visit on December 10, The primary issue expressed to Engineering Staff was the District placing big rocks in Mill

3 Case No PSD-C January 10,2019 Page 2 Creek that resulted in restricted access to the Complainant s property for maintenance purposes, primarily mowing. The Complainant also expressed his displeasure of having to pay a large sewer bill in excess of two thousand dollars ($2,000). Ms. Bailey details her finding at the field visit in the attached memorandum. Engineering Staff notes that with over 30,000 customers, it would be difficult for the District to survey each residence on a monthly basis to determine vacancy. It is much more efficient for a customer such as the Complainant to notify the District if he is vacating the property. In this case, there was no prior notification of the vacant property and thus the District continued to bill the Complainant. The District agreed to give the Complainant a bill credit from April, 2016 through November, 2017 and began billing the Complainant a monthly sewer service availability fee of $13.17 per month since that time which is provided for in the District s tariff. The issue with rocks in the creek, tree damage and poor access road conditions cannot be adequately addressed by Engineering Staff. The project work was completed over fifteen years ago. Any problems associated with the lack of proper project work restoration would have been better addressed at that time. Engineering Staff was unable to find a creek and there were no large rocks present on the site. While the access road is very rough and rugged, Engineering Staff is not able to conclude this condition to be a result of the District s actions or prior project work. Engineering Staff believes the District acted properly by affording the Complainant a bill credit and recommends this case be dismissed. Legal Staff review and Recommendation Legal Staff has reviewed the filings and attached memorandum from Ms. Bailey. Legal Staff notes that the Commission lacks jurisdiction to award monetary damages, see W. Va. Code and Carter v. Willis, 145 W. Va. 779, 117 S.E.2d 594 (1960). The Complainant would need to pursue that issue in a court with competent jurisdiction, such as a circuit court if he so chooses. However, the Commission has jurisdiction to investigate whether a practice of a utility is unreasonable or whether the utility is adequately maintaining its facilities pursuant to W. Va. Code Syllabus Pt. 2, Lumberport-Shinnston Gas Co. v. Public Service Commission of West Virginia, 27 1 S.E.2d 438 (W. Va. 1980). Legal Staff agrees with the recommendation of Ms. Bailey that this matter be dismissed. Due to the elapsed time, there is no evidence the District acted unreasonably in its restoration on this property after project work. Engineering Staff could find no creek or rocks or downed trees that the Complainant alleges. The Complainant has properly received a bill credit and is now being charged the minimum monthly amount allowed by the District s tariff for sewer service availability on the vacant property. The

4 Case No PSD-C January 10,20 19 Page 3 parties should be given ten (1 0) days to respond in writing to Staffs recommendation. If no objection is filed, this matter should be dismissed and removed fiom the Commission s docket of open cases. JChg Attachment cws (Uhp-- H:WClark\20 18 cases\l 347-PSD-C Fiddler v BCPSSD\finalmemo.docx

5 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA ENGINEERING DIVISION S FINAL MEMORANDUM DATE: TO: FROM: SUBJECT: January 9,2019 Jack Clark 11, Staff Attorney Legal Division Lisa Bailey, Technical Analyst go,@ Engineering Division Case No PSD-C Kenneth Lee Fiddler V. Berkeley County Public Service Sewer District Final Memo Background: On October 12, 20 18, Kenneth Lee Fiddler (Complainant), filed a verified formal complaint against Berkeley County Public Service Sewer District (District) concerning a property damage claim at his residence located at 246 Ernest Lane, Martinsburg, WV. The Complainant stated that the District dumped big rocks into Mill Creek causing the road to wash out, making it impossible to access his property. Additionally noted was that four (4) ash trees worth $2500, experienced root damage and died. The Complainant requested the remedy of the rocks to be removed from the creek and the road repaired. On November 15, 20 18, the District filed an answer stating that on November 8, 20 18, the District s Inspector, Denny Murphy, visited the Complainant s property located at 246 Ernest Lane, Bunker Hill, WV. Upon inspection of the property, the inspector noted the property was vacant. The inspector did not find any of the damages alleged by the Complainant, and the District has not performed any construction in the area of the Complainant s home in over fifteen (1 5) years. The District wished the complaint be dismissed. Staff spoke to both parties prior to conducting a field visit on December 10, The primary issue expressed to Staff was the District placing big rocks in Mill Creek that resulted in restricted access to his property for maintenance purposes (primarily mowing). He also expressed his displeasure of having to pay a large sewer bill in excess of $2,000.

6 Jack Clark 11, Staff Attorney Final Memo Case No PSD-C Page 2 Field Inspection: On December 10, 201 8, Staff met with Denny Murphy, the District s field inspector, to visit the site of Mr. Fiddler s property. Mr. Fiddler has various health issues and was unable to attend the site visit. Staff spoke to Mr. Fiddler the day of the field visit, and the he continued to talk about the $2,000 sewer bill he had to pay, and the rocks in the creek that were left after construction, prohibiting him from accessing his property for maintenance/mowing. Mr. Fiddler confirmed that there is no longer a residence on site at the property in question, and there is no sewer service being utilized. On the day of the field visit, Staff was unable to find a creek that was filled with large rocks anywhere around the Complainant s property. The road/access area to the lower bottom, which is where the residence was at one time located, was very difficult to travel, with ruts, and many uneven areas present. Surrounding the access area, and property, were several abandoned trailers, vehicles, large sink holes, trash, etc., and the area was poorly maintained and unsightly. Down at the bottom of the access point, the land flattened out, and sewer service availability was visible via the installation of a cleanout. The Complainant s residence was no longer on site, and the area is vacant (See Photo #1). There is no evidence of any use of sewer service at this property. Along side of the access road, there is an area, approximately 2-3 foot wide, that appears to have been washed out or eroded in some fashion over time, that contained some cinder block pieces and other rock (See Photo #2). Staff believes this is most likely the creek with large rock that the Complainant expressed concern about in the complaint filing. The area was dry, with no water running through the culvert. Summary of Findings: 1. Billinn Issue: Staff reviewed the complainant'.^ billing and payment history, from December December 201 8, provided by the District s office manager. The Complainant s history showed that a fee of $62.62 was the normal monthly sewer fee charged to the Complainant, a flat rate charge for Customers with non-metered water supply (per the District s current Tariff). The Complainant was not making routine monthly payments to his account and the balance due as of April 1 1,20 18, was $3, Each month, the Complainant received a termination notice and additional (penalty) fees for non-payment to the account. On April 12, 201 8, after finding a note from one of the District s employees stating that the Complainant s residence was vacant since April, 201 6, the District recalculated the sewer bill and afforded the Complainant an account credit, leaving a balance due of $2, Since April, 2016, the Complainant is

7 Jack Clark 11, Staff Attorney Final Memo Case No PSD-C Page 3 billed a service charge for sewer availability in the amount of $13.17 per month. On September 13,2018, the Complainant made (3) payments, totaling $2,142.33, bringing his balance due to $13.17, the service availability charge the District bills each customer monthly, per the approved Tariff on file at the Commission. The billing and payment history show the Complainant is currently making the $13.17 monthly payment on time. 2. Rocks in Mill Creek, Road repair, Tree damage: According to the District, there was a sewer project completed in the area of the Complainant s property, which made sewer service available to the Complainant s residence. This project was a part of Case No PSD-CN, approved by the Commission on March 6,2002, to provide sewer service to 3250 customers as part of the Inwood Phase I1 extension. This project work was completed over fifteen (1 5) years ago. Staff is unable to verifj whether any type of construction work in that area contributed to the current condition of the access areadroads, trees, or rocks in a creek. Recommendations: With a customer base of over 30,000 customers, it would be difficult for the District to survey each residence on a monthly basis to determine vacancy or not. It is much more efficient for a customer (complainant) to notifj the District if he/she is vacating the property. In this case, there was no prior notification of the vacant property. The District afforded a the Complainant a bill credit from April, November, 20 17, and began billing the Complainant a monthly sewer service availability fee of $13.17 since that time. The issue with rocks in the creek, tree damage, and poor access road condition cannot be adequately addressed by Staff at this time. The project work was completed over fifteen (1 5) years ago, and if there were problems associated with the lack of proper project work restoration, it would have been better addressed at that time. Staff was unable to find a creek, and there were no large rocks present. While the access road is very rough and rugged, Staff is not able to conclude this condition to be a result of the District s actions or prior project work. Staff believes the District acted properly by affording the Complainant a bill credit, and recommends the case be dismissed. LAB

8 Attachment - Case No PSD-C