T (304) F (304) March 8, 2019

Transcription

1 Goodwin & Goodwin, LLP 111 North Church Street Suite 1 Ripley, WV T (304) F (304) bds~~oodwingoodwin corn wkb~~goodwineoodwiii corn March 8, 2019 Via Hand Deliver2 Ms. Ingrid Ferrell, Executive Secretary Public Service Commission 201 Brooks Street P.O. Box 812 Charleston, WV Re: Case No PSD-C Elk Valley Public Service District Dear Ms. Ferrell: Please find enclosed an original and twelve (12) copies of the MOTION DISMISS AND ANSWER in regards to the above-referenced matter. Thank you for your assistance in this matter and if you have any questions regarding this filing, please do not hesitate to contact me. Sincerely yours, TO Brock D. Stotts BDSlrmf Enclosure (s) cc: Elk Valley Public Service District

2 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO PSD-C BARBARA A. PAYNE, Elkview, Kanawha County. Complainant,. _I r * I = -. I. I ~ ~ vs. ELK VALLEY PUBLIC SERVICE DISTRICT, a public utility, Defendant. MOTION TO DISMISS AND ANSWER MOTION TO DISMISS The District moves to Dismiss the Complaint because the alleged faulty line is a service line frorn her property to the District s main sewer line. The District does not own the service line and has no legal obligation to service, maintain, repair and/or make improvements to her line/s. A drawing which shows the location of the District s 8 main line with 6 tap in relation to Claimant s house and service line is attached as Exhibit A. ANSWER: Elk Valley Public Service District District answers the following Complaint filed in the above case as follows: Paragraph 1: The District does operate a sewage treatment facility and collection system located at 100 Bream Drive, Elkview, WV Paragraph 2a: Complainant has contacted the District about flooding she was having in her basement. After some field investigation of the sewer collection system, the

3 District determined that heavy rainfall creates excess flow through the District s main line and that Complainant needed to install a backflow preventer. 2. The District suggested to Complainant that she install a backflow preventer, which would solve her issues, but she has not followed the District s suggestions. 3. The District manager also informed the Complainant where the point of service stops, informed the Complainant of previous similar incidents with other customers and informed the Complainant the District would not maintain a pipe it did not have jurisdiction over or a legal right to repair and maintain. 4. The District has no knowledge of the worth of Complainant s property. 5. The District denies it is now or has ever been at fault for anything related to Complainant s alleged flooding issues. 6. The District has contracted an engineer to perform a flow study by installing flow meters in different areas of the collection system, to make determinations on hydraulic capacity of the collection system and to make recommendations of any repairs necessary on the collection system The District has no control over acts of God such as heavy rainfall or flooding. To the extent Complainant is not the owner of 100 Stoffel Road, Elkview, West Virginia, she has failed to join the an indispensable party. 1. Paragraph 2b: The District should not be held accountable for making improvements and/or repairs to the Complainant s service line. The District does not believe it is in the best interest of the District s customers to install a backflow preventer for Complainant. 2. The District must follow existing Commission rules and cannot treat this Complainant differently than others by installing a backflow preventer or any other device on her line. 3. District denies all allegations not admitted.

4 WHEREAS, the District contends no wrong doing in handling the Complainant's flooding issue and it moves the Commission to Dismiss the Complaint. ELK VALLEY PUBLIC SERVICE DISTRICT By Counsel Goodwin & Goodwin, LLP P.O. Box 349 Ripley, W (304)

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6 VERIFICATION STATE OF WEST VIRGINIA COUNTY OF KANAWHA, TO WIT: I, TIMOTHY C. CHAPMAN, General Manager of the Elk Valley Public Service District, 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, he believes them to be true. Taken, subscribed and sworn to before me this $&day of March, My commission expires: (Notary Seal)

7 CERTIFICATE OF SERVICE I, BROCK D. STOTTS, counsel for ELK VALLEY PUBLIC SERVICE DISTRICT, do hereby certify that a copy of the foregoing MOTION TO DISMISS AND ANSWER has been served upon the following party this 8 h day of March, 2019 by U.S. Mail postage prepaid as follows to: Barbara A. Payne P.O. Box 602 Elkview, Vcrv 25071