CASE NO. FORMAL COMPLAINT. County, West Virginia (hereinafter referred to as Marmet ), by

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1 SI CASE NO. SANITARY BOARD OF THE TOWN OF MARMET. KANAWHA COUNTY, WEST VIRGINIA, vs. Complainant. TOWN OF CHESAPEAKE and SANITARY BOARD OF THE TOWN OF CHESAPEAKE, Respondents. FORMAL COMPLAINT Comes now the Sanitary Board of the Town of Marmet, Kanawha County, West Virginia (hereinafter referred to as Marmet ), by Counsel, Richard J. Lindroth, and for its Complaint against the Town of Chesapeake and Sanitary Board of the Town of Chesapeake (hereinafter collectively referred to as Chesapeake ), states the following: PARTIES 1. That the Sanitary Board of the Town of Marmet is a municipal owned and operated public utility located in Kanawha County, West Virginia. The Sanitary Board provides sanitary sewer collection and treatment services to residents at or near the Town of Marmet, Kanawha County, West Virginia.

2 2. That the Town of Chesapeake is a municipality located in Kanawha County, West Virginia. The Sanitary Board of the Town of Chesapeake is a municipally owned and operated public utility located in Kanawha County, West Virginia, which provides sanitary sewer collection services to its residents. 3. That Marmet currently provides safiitary sewer treatment services to Chesapeake pursuant to an agreement dated March 23, 1989, between these two entities. This Agreement was approved by this Commission. JURISDICTION 4. That West Virginia Code provides general jurisdiction to the Public Service Commission to enforce and regulate the practices of public utilities. 5. That West Virginia Code provides jurisdiction to the Public Service Commission to prohibit public utilities from "unjust, unreasonable, insufficient or unjustly discriminatory" practices. 6. That West Virginia Code provides jurisdiction to the Public Service Commission to adjudicate violations committed by public utilities which are contrary to laws of the State of West Virginia and Rules and Regulations of the Public Service Commission. FACTUAL ALLEGATIONS 7. That the Agreement between Marmet and Chesapeake for the treatment of Chesapeake's wastewater is based upon a master meter

3 which measures the flow of wastewater from Chesapeake into Marmet s collection system for treatment at the wastewater treatment plant owned by Marmet. Marmet, in accordance with the Agreement, utilizes a flow meter method to calculate the amount of the monthly bill owed by Chesapeake to Marmet for treatment of Chesapeake s wastewater. A copy of the Agreement between Marmet and Chesapeake is attached hereto and made a part of this Formal Complaint. This Agreement further provides that in the event of a malfunction of the meter the monthly fee payable by Chesapeake shall be based upon comparable historical usage adjusted by any change in customers. 8. That Chesapeake owes Marmet for past due treatment and other fees approximately $66, That upon information and belief, the current utility practices of Chesapeake are in violation of west Virginia Code and constitute an unjust and unreasonable practice by Chesapeake in violation of law. 10. If Marmet is not timely paid, and continue to be timely paid in the future, by Chesapeake, Marmet will suffer significant financial losses. WHEREFORE, for the reasons herein stated, Marmet respectfully requests that the Public Service Commission investigate this matter; that Chesapeake be ordered to pay Marmet the approximate sum of $66, for past ue treatment services and other fees; that the Agreement between Marmet and Chesapeake provide for a five percent late fee per month compounded monthly;

4 that the practice of non-payment constitutes an unreasonable utility practice which should be prohibited by this Commission and for such other and further relief as this Honorable Commission deems fit and proper. SANITARY BOARD OF THE TOWN OF MARMET KANAWHA COUNTY, WEST VIRGINIA By Counsel, WVSB I D# 2215 PO Box 331 Eleanor, WV

5 TST JULY $3, $10, AUGUST $3, $4, $3, $11, $3, $12, $3, $12, TOTAL DUE $15, $51, $ 66, FLOWS FOR AUGUST NEED ADJUSTED PER PUBLIC SERVICE COMMISSION THE FIRST 18 DAYS NEED TO BE AVERAGED

6 STATE OF WEST VIRGINIA, COUNTY OF KANAWHA, to-wit: I, Richard J. Lindroth, Counsel for the Marmet Sanitary Board. after being first sworn upon my oath, depose and say that the facts and allegations contained in the foregoing FORMAL COMPLAINT are true, except insofar as they are therein stated to be upon information and belief, and that insofar as they are therein stated to be upon information and belief, I believe them to be true.