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1 October 12,2018 VIA HAND DELIVERY Ms. Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia 201 Brooks Street P.O. Box 812 Charleston, WV RE: Patricia D. Baker v. ~ountaineer Gas Company Case No G-C Dear Ms. Ferrell, Please find enclosed with this letter the original and 12 copies of Answer of Defendant Mountaineer Gas Company and Motion to Consolidate. True copies thereof are being served this day upon the Complainant and Commission legal staff. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, - Jonathan W. Price, Esq. Mountaineer Gas Company Phone: (888) , Extension Facsimile: (304) /JWP Enclosure CC: Complainant (via first-class mail) Lucas R. Head, Esq. (via hand delivery) Village of Bethl~hem, W.Va. (via first-class mail)

2 ST ethlehern, Ohio County? Complainant, v O~NTAINEER GAS COMPANY, a public utility, Defendant. ANSWER OF DEFENDANT MOUNTAINEER GAS COMPANY AND MOTION TO CONSOLIDATE COMES NOW the Defendant, Mountaineer Gas Company mountaineer"^, by counsel, and for its Answer to the Complaint and its Motion to Consolidate with Case No W-C respectfully states as follows: 1. ANSWER 1. Mountaineer admits that it is a public utility engaged in the business of providing natural gas service in the State of West Virginia. Mountaineer further admits that it is subject to the provisions of Chapter 24 of the West Virginia Code. 2. Mountaineer retained Alex E. Paris Contracting Co., Inc. ( Paris Contracting ) to replace a section of main near the Complainant s residence between March 24, 2011 and April 8, Upon information and belief, the slip in Complainant s yard preexisted Mountaineer s replacement work. Further, a culvert owned by the Village of Bethlehem and installed near the slip area was found to be corroded to the point of near-disintegration. 3. Following Paris Contracting s completion of the line replacement, the

3 Complainant and/or the Village of Bethlehem, West Virginia retained Paris Contracting to repair the slip in the Complainant s yard. Mountaineer was not involved in any agreement between the Complainant, the Village of Bethlehem and/or Paris Contracting, and did not pay Paris Contracting for any work it performed for the Complainant and/or the Village of Bethlehem. Mountaineer denies the Complainant s allegation that Mountaineer Gas contracted Alex Paris (Contractor) to rebuild yard. 5. Mountaineer is presently without knowledge of any communications between Paris Contracting and Complainant and/or the Village of Bethlehem regarding any defect in the storm drain referenced in the Complaint. 6. Mountaineer denies Complainant s allegation that Mountaineer has violated any West Virginia statute or regulation and demands strict proof thereof. 7. Based upon the Complaint s prayer for relief, Complainant is clearly attempting to pursue a claim for property damage. It is well settled that such claims are outside the Commission s jurisdiction. W.Va. Code , Carter v. Willis, 145 W.Va. 779, 783, 117 S.E.2d 594, 597 (1960) (citing Wheeling Steel Corp. v. Public Service Commission, 90 W.Va. 74, 110 S.E. 489) (1922)). 8. Mountaineer denies any and all other allegations set forth in the Complaint that are not specifically admitted herein. 9. Mountaineer reserves all defenses that are, or may prove applicable in the course of this matter, and further reserves the right to supplement or amend this Answer at any time. 10. Mountaineer denies that the Complainant is entitled to any of the relief demanded in the Complaint. 2

4 li. TE 1. This Defendant restates and realleges the responses set forth in Paragraphs 1-10 of its foregoing Answer as if repeated verbatim herein. 2. Contemporaneously with the filing of her Complaint against this Defendant, Complainant filed an identical Complaint against the Village of Bethlehem, Ohio County, West Virginia. The aforementioned Complaint, Case No W-C is attached hereto as Exhibit A. 3. This Defendant respectfully requests that the instant matter be consolidated with Case No W-C, as the two matters concern common issues of fact. Consolidation also would further the interest of judicial economy by allowing the Commission and the parties to avoid multiple evidentiary hearings regarding Complainant s identical complaints against this Defendant and the Village of Bethlehem. WHEREFORE, Defendant Mountaineer Gas Company respectfully requests that the Complaint be dismissed, and that the Complaint be removed from the Commission s docket. Should the Commission elect not to dismiss the Complaint at this time, Mountaineer requests that this matter be consolidated with Complainant s Complaint against the Town of Bethlehem. Respe~fully submitted, INEER GAS ~ O ~ P A ~ Y, BY COUNSEL, Mountaineer Gas Company P.O. Box 5201 Charleston, WV (888) , Ext (304) (Facsimile) 3

5 EST Bethlehem, Ohio County, Com p la i na n t, V. CASE NO G-C MOUNTAINEER GAS COMPANY, a public utility, Defendant. VERIFICATIO Thomas Westfall, after first being duly sworn upon her oath, deposes and says that he is Vice President, Gas Supply and Technical Services for Defendant ~ountaineer Gas Company, and states that the facts and allegations set forth in the Defendant s Answer are true and correct; except insofar as they are therein stated to be on information and belief, and that, insofar as they are therein stated to be upon information and belief, he believes them to be true. I Thomas Westfall Subscribed and sworn to before me this the ay of

6 EST VI PATRICIA D. BAKER, ethlehem, Ohio County, Complainant, V G-C MOUNTAINEER GAS COMPANY, a public utility, Defendant. CERTIFICATE OF SERVICE I, Jonathan W. Price, counsel for the Defendant, hereby certify that I caused the foregoing Answer of Defendant ~ountaineer Gas Company and Motion to Consolidate to be served upon the Complainant and all parties of record via first-class mail, postage prepaid, or by hand delivery, as indicated, this the 12th day of October, Patricia E. Baker 19 Poplar Lane Bethlehem, WV Complainant Via first-class mail Lucas R. Head, Esq. Public Service Commission of West Virginia P.O. Box 812 Charleston, WV Commission legal staff Via hand delivery A courtesy copy of the foregoing pleading has also been provided via first-class mail, postage prepaid, to the following: 5

7 Village of Bethlehem Office of the Mayor Bethlehem Municipal Office National Road Bethlehem, WV 26003

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9 ; # I/ 6 Form No. 1 - State of West Virginia Pubtic Service Commi~~ion Chorieston TYPE OR PRINT CLEARLY USING BLACK INK Case no. leave blank) Compfnbnt (MI.iMrs.MSJ Patricia E, Baker 19 PoDIar Lane. Bethlehem WV, (your name) (YOUR FULL MAlLING ADDRESS IF DIFFERENT FROM YOUR PHYSICAL ADDRESS) Ohio (your county), your emaii: health y22ka tsal@g mail,corn - vs. Village of Bethlehem defendant The petition of the above named mrnc), comptainant, respecthlly shows: Patricia E. Baker (Your 1. That the above-named Village of Bethlehem. (name of defeadant), is a public utility engaged in the business of Water business of the defendant, i.e. gas, clcchic tclcphone, dc.) (state the utility at P.O. Box 5201 Charleston. VW (thcir 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 utiliry business, in the following particulars, to-wit: (a) Here state concisely the matters complained of: See Here state the remedy you seek See attached.

10 # 2/ 6 Patrick+ E. Baker 19 Poplar Lane Befilehem, WV (304) Complaint: Properly slippage due to ~ o n f issues ~ ~ ~ that ~ have n ~ impacted yard. In 2011, Mountaineer Gas Company excavated property to lnstalllrebuild gas he. Shortly after completion, the yard slipped and Mountalneer Gas contracted Alex Paris (Contractor) to rebuild yard. The contractor informed all partles (Mounteineer Gas AND the Clfy of Bethlehem) that the sllppage was likely due to defective storm draln, and unless repair was made to the draln, this problem would likely reoccur. Thls concern has been ongoing and reported multiple tlrnes to the City by Ms. Baker and other residents of Poplar Lane, citing drainage concerns to road and adjoining properties, which have gone relatively unaddressed. Bath Mountaineer Gas and the Village of Bethlehem are currently volleying responsibility onto each other, The damage to the property is now extensive after recent rains and immediate attention is warranted for the safety of property and gas Ilnes. Remedy requested: Repair and restoration of above property and storm drain.

11 ; 11:20AM; ; It 3/ 6 Wherefore, thc comptdnant prays that the said defendnn? ~ ~ ~ n t Gas ~ Company i n ~ ~ r (defmdmrs name) be required to answer the charges hcrcin above set out, and that, after due invcstigatian, an ordcr my bc madc commanding the said defendant to cease 3nd dcsist from the wrongful conduct aforesaid, and for such other aud further order as thc Public Service Commission of West Virginia may deem necessary, reasonable and just in the premises, [Prsyer may ask for the ascertainment of ) ah1 rates of practices, and an order requiring the defendant to conform thereto.] Your Full Mailing Address: Your 19 Poplar Lane Bethlehem, W (Phone) (304) h ea1 t hy22 ka tsa mai I. corn F=4 (If you have an attorney, hisher Attorney s address: TNlS FORM MUST BE NOTARIZED Subscnbcd and sworn before me this Ic.t\ dny of ~~~~~ R. - w c3 m c3 # 4 _ [If Complainant is signing out-of-state, please use verification Form No. 123 Please Note: It is extremely important to inform the PSC of any changes ta your contact information and promptly retrieve Certified Mall upon notification of such. DO NOT WRTTE ON BACK OF PAGES - attach an 8 L/a x 11 sheet of paper