FRANKOVITCH, ANETAKIS, COLANTONIO & SIMON ATTORNEYS AT LAW

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1 GEORGB J. ANETAKIS * CARL N. FRANKOVITCH 'it M. ERIC FRANKOVITCH 'tt MARK A. COLANTONIO 't* MICHAEL G. SIMON 'ti THOMAS J. DECAPIO * KEVIN M. PEARLf*+ J. MARTY MAZEZKA ' CARLA. FRANKOVITCH tf OFCOUNSEL WILLIAM R. KIEFER FRANKOVITCH, ANETAKIS, COLANTONIO & SIMON ATTORNEYS AT LAW 529 CAROLINA AVENUE CHESTER, WEST VIRGINIA TELEPHONE: FACSMILE WEIRTON, WESTVIRGINIA I WHEELING. WEST VIRGINIA (304) INGRID FERRELL, Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, WV RE: Petition for Approval of Water Service Termination Agreement Between The Hancock County Public Service District and The Oakland Public Service District Dear Ms. Ferrell: Enclosed herewith for filing on behalf of the Hancock County Public Service District is an original and twelve (12) copies of the District's petition for Approval of Water Service Termination agreement Between the Hancock County Public Service District and the Oakland Public Service District. If you should have any questions regarding this matter, please feel free to contact me. Sincerely, FRANKOVITCH, ANETAKIS, COLANTONIO 81 SIMON TJDlsac Enclosures w Thomas J. Decapio, Esq. cc: Michael E. Gaudio, Esq:

2 PUBLIC SERVICE COMMISSION CASE NO: HANCOCK COUNTY PUBLIC SERVICE DISTRICT, a public utility Petition for Approval of Water Service Termination Agreement Between the Hancock County Public Service District And Oakland Public Service District PETITION FOR APPROVAL OF WATER SERVICE TERMINATION AGREEMENT NOW COMES the Hancock County Public Service District, (the "Sewer District"), by counsel, and respectfully requests the Public Service Commission of West Virginia (the "Commission") to grant its approval of a Water Service Termination Agreement by and between the Oakland Public Service District (the "Water District"). In support of this Petition the Sewer District states as follows: 1.) The Hancock County Public Service District provides sewer service to customers in certain areas of Hancock County. 2.) The Oakland Public Service District provides water service to some of the same customers that the Sewer District provides sewer service. 3.) In order for the Sewer District to effectively operate its sewer systems, an approved water service termination agreement with the Water District for the termination of water service for non-payment of sewer rates and changes is necessary. 4.) Rule of the Commission's Rules for the Government of Sewer Utilities requires submittal of a water service termination agreement to the Commission for approval.

3 5.) Attached and incorporated herein as Exhibit 1 is a Water Service Termination Agreement by and between the Hancock County Public Service District (the Sewer District) and the Oakland Public Service District (the Water District). The Agreement was signed and approved by both the Sewer District and the Water District on September 15, ) Based upon the above, the Sewer District respectfully requests the Commission's consideration and approval of the attached Agreement and for any further relief that the Commission deems appropriate. Respectfully submitted this day of November, 2015 Hancock County Public Service District THOMAS J. DECAPIO (WV ID #6023) FWNKOVITCH, ANETAKIS, COLANTONIO & SIMON 529 Carolina Avenue Chester, WV Phone: Fax:

4 VERIFICATION STATE OF WEST VIRGINIA: COUNTY OF HANCOCK, to-wit: I, WILLIAM T. MACKALL, after being by me first duly sworn upon his oath, according to law, deposes and says that the facts and allegations therein contained are true, except so far as they are therein stated to be upon information, and that so far as they are therein stated to be upon information, he believes them to be true. 4! WILLIAM T. MACKALL flm&k d Taken, subscribed and sworn to before me this 20 day of November, NOTARY PUBLIC My Commission Expires: NOTARY PUBLIC STATE OF WEST VIRGINIA ANDREA M. BUNTING 337 Penco Road Weirton. West Virginia Y Cornmissloo Exmres Oec

5 cllniur I WATER SERVICE TERMINATION AGREEMENT bc, THIS AGREEMENT, made this /&day of ' 2015, by and between the OAKLAND PUBLIC SERVICE DISTRICT, a public service district of the State of West Virginia (hereinafter Water Company), and the HANCOCK COUNTY PUBLIC SERVICE DISTRICT, a public service district of the State of West Virginia (hereinafter Sewer Authority). WHEREAS, the Sewer Authority is engaged in supplying sewer service to the citizens and residents within its service area; and WHEREAS, the Water Company is the owner and operator of a water distribution system serving some of the customers of the Sewer Authority, under the applicable Rules and Regulations of the Public service Commission of West Virginia (hereinafter Commission); and WHEREAS, the Water Company is required by law, at the request and direction of the Sewer Authority and with the approval of the Commission, to terminate the supply of water from its system to any customer or premises with regard to which the fees for sewer service supplied thereto by the Sewer Authority are delinquent; and WHEREAS, the Water Company is willing to cooperate with, and assist, the Sewer Authority in the collection of its delinquent accounts upon the terms and conditions hereinafter set forth. NOW, THEREFORE, WITNESSETH: That, for and in consideration of the premises set forth above, the covenants and agreements hereinafter expressed, the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of all of which is hereby expressly acknowledged, the parties hereto do hereby mutually promise and agree to be bound as follows: 1. Upon receipt by the Water Company of a written request by the Sewer Authority for the termination of water service to a specified customer or premises with regard to which the fees for sewer service provided by the Sewer Authority shall not have been paid for a period of not less than thirty-one (31) days from the due date thereof, the Water Company will, within the time frame prescribed by the rules and regulations of the Public Service Commission following receipt of the aforesaid written request (except as otherwise provided below), discontinue the supply of water from its system to such customer or premises until it is advised in writing by the Sewer Authority either that (i) all delinquent fees (for which a customer's water service may be terminated under this Agreement), together with any interest thereon or other permissible charges pertaining thereto, have been paid in full, or (ii) a satisfactory payment plan has been initiated pursuant to Rule 4.08 (5)(b) of the

6 Commission's Rules and Regulations for the Government of Water Utilities or (iii) until the Sewer Authority otherwise directs in writing. The Water Company shall not terminate water service to any customer or premises pursuant to this Agreement (1) prior to the expiration of the notice period required by the terms of Rule 4.08(i) (c) of the Rules and Regulations for the Government of Water Utilities, or (ii) service shall not be discontinued on a Saturdav. Sundav. anv dav that is a federal or state holidav, a day on-which the utility's business office is not open to accept payment, or on the day before such days, unless an emergency exists. All disconnections of water service shall be performed between the hours of 8:00 a.m. and 4:OO p.m. or (iii) when so directed by order of the Commission. Provided, however, that all customer payments for sewer service shall be paid directly to the Sewer Authority. The Water Company shall not collect any monies due the Sewer Authority for any reason whatsoever. It is understood and agreed that an employee of the Sewer Authority shall accompany the Water Company's employee to the residence or property of delinquent sewer customers at the time of water termination to be available in the event that the delinquent sewer customer desires to make payment. Provided, however, that the date and time of water termination shall always be in the sole discretion of the Water Company, and the Sewer Authority and/or its employees shall accommodate that schedule. The unavailability of a Sewer Authority employee to accompany the Water Company on any given water termination, and/or the failure of the Sewer Authority employee to arrive at the established date and time, shall not in any way delay, deter, defer, cancel, and/or re-schedule the planned termination of water service. Provided further, however, that, even if payment is made on the premises of the delinquent sewer customer at the time of the scheduled water termination, the reconnect fee normally charged by the Water Company shall still be due and payable by the Sewer Authority to compensate for the Water Company's employee time and expense. At the time of termination of water service to a delinquent Sewer Authority customer, the Water Company will make a current water meter reading. Upon the Water Company being advised by the Sewer Authority that a sewer customer's delinquency has been properly resolved, the Water Company will restore water service to that customer pursuant to the rules and regulations prescribed by the West Virginia Public Service Commission. 2. The Sewer Authority shall pay to the Water Company a reconnection fee in the amount set forth on the attached Schedule A for each water service terminated by the Water Company, payable within twenty (20) days of receipt of a termination invoice from the Water Company. Moreover, although

7 the Water Company currently only has a reconnection fee in it's Tariff as indicated on Schedule A, it is understood and agreed that should the Water Company ever amend it's Tariff to include a disconnection fee, that disconnection fee shall automatically become part and parcel of this Agreement without further writing and the Sewer Authority shall also pay that disconnection fee under the same twenty (20) day invoice and payment terms applicable to the reconnection fee. It is understood and agreed that the aforesaid fees for termination and restoration of water service shall automatically increase or decrease without any further notice or action by the water Company, upon an increase or decrease in such corresponding fees as may now or hereafter be approved by the Commission and set forth in the Water Company's Tariffs. The Water Company will notify the Sewer Authority in the event of a change in fees for termination and/or restoration of water service. The Sewer Authority will then need to make a filing with the Commission to amend its Tariff to reflect the amounts of the fees in this Water Service Termination Agreement in order to properly recover those charges from its customers. The customer shall reimburse the Sewer Authority for any termination and/or reconnection fees, or other costs previously paid by the Sewer Authority with regard to such customer, provided said customer is notified pursuant to Water Rule 4.08(1) (c) that, in the event water service is terminated, the customer shall be responsible for such fees and costs charged to the Sewer Authority by the Water Company. 3. The Sewer Authority shall deliver to the Water Company a written request executed by an officer or authorized employee of the Sewer Authority stating: (a) (b) That the delinquent sewer fees upon which the Sewer Authority's request for termination of water service is based were incurred by the present occupant of the premises or a member of the same household or that someone other than the occupant of the premises is liable for the payment of the delinquent sewer fees, such as a landlord pursuant to West Virginia Code 16-13A-9; and That the Sewer Authority has given full and proper written notice to one or more persons liable for the payment of the delinquent sewer fees, pursuant to the aforesaid Rule 4.08(1) (c) of the Commission's rules, of the Sewer Authority's intention to request termination of water service, a copy of which notice shall be attached to said written request.

8 It is understood and agreed by and between the parties hereto that, in the event that the Sewer Authority ever requests the Water Company to terminate the water service of more than one (1) of the Sewer Authority's delinquent sewage customers at any one (1) time for delinquent sewer fees, the Sewer Authority may send one (1) written request for all of said delinquent sewer customers at the time of request of water termination. In order to accommodate the termination of water service for delinquent Sewer Authority customers when required, the Sewer Authority may fax and/or the aforesaid written request for termination of water service. Provided, however, that in the event of faxing and/or ing written requests for termination of water service, the Sewer Authority shall also forward the original signed requests in the mail to the Water Company so that the Water Company has an original signature on file for each request. Provided, however, that it is understood and agreed that the Water Company shall not terminate any further water service for delinquent Sewer Authority customers for any given current month until such time as all previous water termination requests up to and including the previous month shall have been paid in full. 4. The Water Company shall not be liable for any loss, damage, cause of action, and/or claim of any type asserted by the owner and/or occupant of the premises, the Sewer Authority's customer, the Water Company's customer, and/or any other person, corporation, and/or entity including, without limitation, the Sewer Authority itself, directly and/or indirectly based upon and/or arising out of the termination of such supply of water to the Sewer Authority's customers, notice requirements, and/or any other matter directly and/or indirectly pertaining to the termination and/or reconnection of the aforesaid water supply to Sewer Authority customers. The Sewer Authority shall, and hereby does, promise and agree to save, defend, indemnify, and hold the Water Company, its agents, assigns, officers, board members, servants and employees harmless from and against any and all such losses, damages, causes of action, and/or any other claims of any type, including the payment of legal fees, costs, and expenses incurred in connection therewith, except to the extent that any such loss, damage, or claim, or portion thereof, is finally adjudicated to be the proximate result of the negligence, omission, or willful act of the Water Company, its agents and employees. In this regard, the Sewer Authority further agrees as follows: a. The Sewer Authority shall provide the Water Company with a working telephone number to which customer's inquiries resulting from termination of water

9 b. C. service at the request of the Sewer Authority for delinquent sewer bills shall be referred. The Sewer Authority shall be responsible for promptly answering all complaints, either verbal or written, lodged with the Commission, or received by or directed toward the Water Company, due to termination of water service at the request of the Sewer Authority for delinquent sewer bills. The Water Company shall promptly forward any such complaints received by it to the Sewer Authority. The Sewer Authority shall be responsible for collection of all delinquent sewer bills, and no collections whatsoever for delinquent sewer bills shall be made by the Water Company at its office, at the office of its agents, or at the customer s residence for any reason whatsoever. 5. This Agreement shall become effective upon receipt by the Water Company of an original or counterpart hereof, duly executed by both parties hereto, and shall continue thereafter for a period of ten (10) years and shall automatically be renewed for like successive periods unless and until terminated as hereinafter provided. This Agreement may be terminated at any time by Order of the Commission or by either party hereto upon written notice in the event of legislative enactments, court rulings, or administrative rulings which render all or any of the terms hereof null, void, or unenforceable. 6. It is understood and agreed by the parties hereto that the Water Company and the Sewer Authority may be required to comply with any existing or future regulations of the Commission relating to notice of termination of service, in addition to any other notice that might be required under this contract or any applicable statute or ordinance. The Sewer Authority shall, and hereby does, promise and agree to save, defend, indemnify, and hold the Water Company, its agents, assigns, officers, board members, servants, and employees harmless from and against any and all losses, damages, causes of action, and/or any other claims of any type, including the payment of legal fees, costs, and expenses incurred in connection therewith, directly and/or indirectly resulting from the failure of the Water Company to comply with any such existing and/or future regulations of the Commission relating to notice of termination of service, in addition to any other notice that might be required under this contract or any applicable statute or ordinance. It is further understood an agreed by the parties hereto that the Water Company is under no obligation to the Sewer Authority to investigate, to verify, and/or to make any inquiry whatsoever in

10 respect of any Affidavit or notice submitted to the Water Company by the Sewer Authority. 7. It is further understood and agreed that the Water Company shall comply with 150 WVCSR Series 7 Rule 4.l.e.5., in order to identify potential sewer customers of the Sewer Authority when any person applies for new water service. In the event that a new water service applicant of the Water Company is identified as residing within the service area of the Sewer Authority, no such application for new water service will be accepted by the Water Company until such time as the water applicant has first established an account with the Sewer Authority and has presented the Water Company with a receipt showing that the Sewer Authority's security deposit has been paid. The Water Company will also use reasonable efforts to notify the Sewer Authority when water customers of the Water Company, who are also common customers of the Sewer Authority, advise the Water Company that they are either moving and/or discontinuing water service. Finally, the Water Company will also use reasonable efforts to notify the Sewer Authority of the name(s) and/or address(es) of any person(s) who the Water Company discovers is receiving sewer service from the Sewer Authority without the knowledge and/or permission of the Sewer Authority so that the Sewer Authority can include such person(s) in its area of service and list of accounts and, as well, so that the Sewer Authority can collect lawful fees for providing sewer service to such individual(s). Provided, however, that the Water Company shall not be liable for any loss, damage, cause of action, and/or any other claim of any type asserted by the owner and/or occupant of the premises, the Sewer Authority's customer, the Water Company's customer, and/or any other person, corporation, and/or entity including, without limitation, the Sewer Authority itself, directly and/or indirectly based upon and/or arising out of the Water Company's failure to identify such potential Sewer Authority customer(s) as aforesaid, and/or the Water Company's failure to notify the Sewer Authority of a residential move (s) of a water customer(s) and/or the discontinuation of water service as aforesaid, and/or any other claim or cause of action of any type directly and/or indirectly pertaining to such matters, it being understood and agreed that the Sewer Authority itself is solely responsible for identifying and maintaining a current list of its own customers. The Sewer Authority shall, and hereby does, promise and agree to save, defend, indemnify, and hold the Water Company, its agents, assigns, officers, board members, servants, and employees harmless from and against any and all losses, damages, causes of action, and/or any other claims of any type, including the payment of legal fees, costs, and expenses incurred in connection therewith, directly and/or indirectly resulting from the Water Company's failure to identify potential Sewer Authority customers as aforesaid from

11 among the Water Company's various new water customer applications and/or the Water Company's failure to notify the Sewer Authority of a residential move(s) of a water customeris) and/or the discontinuation of water service as aforesaid The Sewer Authority shall deliver all written requests, statements, fees, affidavits, notices, other documents, and/or payments called for and/or permitted by the terms of this Agreement to the Water Company at the following address: OAKLAND PUBLIC SERVICE DISTRICT 768 Carothers Road Weirton, WV The Water Company shall deliver all statements, notices, and other documents called for or permitted by the terms of this Agreement to the Sewer Authority at the following address: HANCOCR COUNTY PUBLIC SERVICE DISTRICT 1205 North Chestnut Street New Cumberland, WV This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Upon execution by both parties hereto, the Water Company and/or Sewer Authority shall file one counterpart of this Agreement with the Commission. This Agreement is not valid until approved by the Commission. The Sewer Authority is responsible for securing this approval. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed and attested by their proper officers and their respective seals, if any, to be hereto affixed the day and year first above written. OAKLAND PUBLIC SERVICE DISTRICT dlage, 'Chairman HANCOCK COUNTY PUBLIC SERVICE DISTRICT BY: dl/. / M& WILLIM T. MACKALL, Chairman n ATTEST : ATTEST :

12 SCHEDULE A APPLICABLE FEES FOR THE DISCONNECTION AND RECONNECTION OF WATER SERVICE RECONNECTION FEE: $ The disconnection fee shall increase or decrease automatically, without notice, with any increase or decrease in such disconnection fee as may now or hereafter be approved by the Public Service Commission of West Virginia and set forth in the Water Company's Tariff. 2. The reconnection fee shall increase or decrease automatically, without notice, with any increase or decrease in such reconnection fee as may now or hereafter be approved by the Public Service Commission of West Virginia and set forth in the Water Company's Tariff.