Aaron Marshall Bailey v. West Virginia-American Water Company Case No. IO-0263-W-C

Transcription

1 WEST VIRGINIA AMERICAN WATER Linda S. Bouvette Vice President & Secretary 1600 Pennsylvania Ave P.O. Box 1906 Charleston, WV Linda. P (304) F (304) E w.amwater.com March 9,2010 Sandra Squire, Executive Secretary Public Service Commission of West Virginia 201 Brooks Street P.O. Box812 Charleston, W RE: Aaron Marshall Bailey v. West Virginia-American Water Company Case No. IO-0263-W-C Dear Ms. Squire: Enclosed please find an original and twelve (12) copies of the ANSWER OF WEST VIRGINIA AMERICAN WATER COMPANY for filing in the abovereferenced case. Please do not hesitate to contact me should you have any questions regarding this matter. Copies of same have been provided to counsel of record. Best regards, Linda S. Bouvette LSB:jgj

2 PSC Case No. IO-0263-W-C AARON MARSHALL BAILEY Complainant, PU BLlC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON V. WEST VIRGI NIA-AMERICAN WATER COMPANY, a corporation, Defendant. ANSWER OF WEST VIRGINIA-AMERICAN WATER COMPANY In response to the allegations contained in Complainant s Complaint, West Virginia American Water Company ( WVAW ) states as follows: 1. WVAW admits it is a public utility engaged in the business of providing water services and is subject to the provisions of West Virginia Code Chapter 24, as amended, and the provisions thereof applicable to water utilities. 2. WVAW denies it has violated the laws of the State of West Virginia governing said public utility business. 3. Complainant contends that a water leak during the spring of 2009 cracked and depressed his two driveways and caused his property to fall up to three feet in certain areas. 4. WVAW did repair a water leak near Complainant s home on March 30, The leak was approximately 0.5 gpm and was not causing any damage at the time of inspection and repair.

3 5. A second leak near Complainant s home was repaired on October 9, The Company punched a hole under the road and installed a new copper service line. 6. Complainant filed a claim with WAW s general liability insurance company, Travelers Insurance Company, alleging that the October, 2009 leak caused damage to his driveways and property. Complainant did not file a claim alleging the March, 2009 leak caused property damage. 7. After investigation, Travelers Insurance Company denied. Complainant s claim that the October, 2009 water leak damaged his driveways and property. 8. Prior to denying the claim, Travelers Insurance Company employed CTL Engineering of West Virginia, Inc. (CTL Engineering) to evaluate the impacts of the water main break and repair had on Complainant s driveways and property. 9. CTL submitted a report to Travelers Insurance Company that concluded the water main breaks and repairs had no effect on Complainant s property and driveways. It is our opinion that the distress to these areas is related to the long-term slope and soils movement below the submerged retaining wall and is not related to the water line break in the roadway. A copy of the report is attached hereto as Exhibit A and incorporated herein by reference. IO. As part of its investigation, an agent of Travelers took pictures of Complainant s driveways and property. A selection of those photographs are 2

4 attached hereto as Exhibit B and incorporated herein by reference. The photographs document the existence of the submerged retaining wall, the soil movement below the retaining wall and damage to the driveways. 11. Defendant denies all other allegations contained in the complaint and demands strict proof thereof. dismissed WHEREFORE, Defendant requests that the Complainant s Complaint be WEST VIRGIN IA-AMERICAN WATER COMPANY By Counsel Linda S. Bouvette, Esq. (State Bar #5926) West Virginia American Water Company 1600 Pennsylvania Avenue Charleston, WV /

5 CTL Engineering Of West Virginla, Inc. i I 733 Faimont Road, Morgantown, West Virginia 26~1 Phone: Fax: ctlwv@ctleng,com AN EMPLUYEE OWNED COMPANY Consulfing Engineers Testing 4 Inspection Services AnaIyficaf Laboratories Established 7927 St. Paul - Travelers Insurance Co. P.O. BOX BALTIMORE, MD February 8,2010 RE: Existing Conditions and Claim Assessment Claim # A3W Acct Name: AMERICAN WATERWORKS SERVICE CO Bailey 8~ Hoffman Residences 2025 & 2029 KAY NEVA LN. Pocatafico /Sissonvifle, WV CTL - WV Project No.: NIOR Dear 1 Per your request, CTL Engineering of WV, fnc. (CTL) conducted a December 16, 2009 site visit to the above referenced property near Charleston, Kanawha County, West Virginia. The purpose of our visit to the propefiy was to evaluate the impacts that the waterline work, performed by AMERICAN WATERWORKS SERVICE CO., had on these properties relative to the concrete sidewalks, stairs and driveways. The following findings are a result of our visual examination only; we did not conduct any destructive testing, environmental analyses or foundation drilling. Further, we did not dismantle or remove any material from this site. Due to the nature of this evaluation, we cannot see behind walls, ceilings, flooring, etc, and therefore do not accept responsibility for hidden defects. This report does not constitute a home inspection nor does it address any code compliance issues. Per our site review, the houses and properties apparently were developed 30+ years ago. The water company has made some obvious waterline repairs in the immediate area at the front street adjacent to the properties due to a leak. Additionally, we encountered a subsurface retaining waif beside the roadway that was reportedly installed 30 years ago to support the roadway. Most likely this was done as a stabilization measure to stop lateral slippage of the roadway. During our site reconnaissance, we observed that the roadway in front of these homes shows significantly settlement as evidenced by the dip in the roadway: EXHIBIT [-)E Offices: Ohio, Indiana, North Carolina, West Virginia

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7 I. Should any of the existing condifions change c.r adcijtionai irrformatioi7 becoines available which differs frciti: that used in this repci"i. the Engineer Sl7Ok:ld be notified in order to make eny rndificatians ta our report Zo accauct for those changed conditions.

8 Should you have any questions or need additional information, please do not hesitate to contact our office.

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16 VE R I F I CAT1 0 N STATE OF WEST VIRGINIA COUNTY OF KANAWHA, to-wit: Andrea Thomas, on behalf of West Virginia American Water, the Defendant named in the foregoing Answer, 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, insofar as they are stated to be on information, she believes them to be true..- OPERATIONALMK SUPERVISOR Taken, subscribed, and sworn to before me this 9th day of March, MY commission expires?-~i.(&,e+ /I L IO, AYZ NOTARY PUBLl!/ -NO$fRY PL@LIC 7: s %bel Drive I/ Gharlcmon, WV My Commission Expires Februaly 10,2015 4

17 CERTIFICATE OF SERVICE I, Linda S. Bouvette, do hereby certify that the foregoing Answer of West Virginia-American Water Company was served upon the following by depositing a true and correct copy in the regular course of the United States mail, postage prepaid, this gth day of March, 2010, addressed as follows: Aaron Marshall Bailey 2029 Kay Neva Lane Charleston, WV L.R. Sammons, Ill, Staff Attorney Legal Division Public Service Commission of West Virginia 201 Brooks Street Charleston, WV Linda S. Bouvette 5