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

Similar documents
HUGHART LAW OFFICE. Public Service Commission of West Virginia P. 0. Box 812 Charleston, WV 25323

FILED: ERIE COUNTY CLERK 09/19/ :42 PM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2014

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

SUBDIVISION AGREEMENT

SAMPLE SERVICING AGREEMENT

PETITION FOR ANNEXATION THE VILLAGE BOARD AND VILLAGE CLERK OF THE VILLAGE OF WADSWORTH, LAKE COUNTY, ILLINOIS.

AGREEMENT FOR WATER/SEWER SERVICE EXTENSION AND PETITION/CONSENT FOR ANNEXATION

IN THE SUPERIOR COURT OF MUSCOGEE COUNTY STATE OF GEORGIA. Civil Action No. SU- - CV- Garnishment Court Information: Clerk of Superior Court

LIC SERVICE C O ~ ~ I ~ S I O ~ OF WEST VIRGINIA CHARLESTON

Chase Tower, Eighth Floor. P.O. Box September 20,2017

H. Wyatt Hanna I11 Attorney at Law

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA. v. Civil Action No. Judge: COMPLAINT FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTIVE RELIEF

PETITION FOR ANNEXATION

RECEIVERSHIP APPEAL PROCEDURE

FILED: NEW YORK COUNTY CLERK 07/26/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2013

rvi t Virgi~ia December 20,201 8

SAMPLES OF BILL OF SALE

PETITION FOR CITATION FOR CONTEMPT AND MODIFICATION OF CHILD SUPPORT

FAIRFIELD COUNTY MUNICIPAL COURT TRUSTEESHIP INSTRUCTIONS

WASTEW ATER TREATMENT CONTRACT. THIS CONTRACT for the transmission and treatment of wastewater is entered

FILED: NEW YORK COUNTY CLERK 07/20/ :42 AM INDEX NO /2013 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 07/20/2015. Exhibit A

If you have any questions or concerns, please do not hesitate to contact me.

Case BLS Doc 129 Filed 12/08/17 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

February 16, RE: Case No W-WI Washington Pike PSD vs. City of Follansbee, WV

June 30,2014. Change of Rates on Notice with Proposed Efective Dates for Appalachian Power Company and Wheeling Power Company

AMENDED ANSWER TO COMPLAINT AND COMPULSORY COUNTERCLAIM

FILED: SUFFOLK COUNTY CLERK 11/30/ :45 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2015

Courthouse News Service

THIS MORTGAGE dated as of the day of, 20., a body corporate, whose

manlaw.com April 17, 20 18

TAUSSIG. & Associates, Inc. LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT ADMINISTRATION REPORT FISCAL YEAR SEWER FEES FOR SEWER-ONLY CUSTOMERS

Form DC-625 MOTION AND NOTICE AND JUDGMENT Page: 1 FOR ARREARAGES

INSTRUCTIONS / GUIDELINES PRIMARY PETITION ENDORSING CANDIDATE FOR MUNICIPAL OFFICE

UnofficialCopyOfficeofChrisDanielDistrictClerk

An Ordinance authorizing the City of Oxford to adopt and establish certain water and sewer rates.

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON

IN THE MAGISTRATE COURT OF LOWNDES COUNTY VALDOSTA, GEORGIA PROCEDURES FOR FILING GARNISHMENTS {For all garnishment filings on or after May 12, 2016}

FRANKOVITCH, ANETAKIS, COLANTONIO & SIMON ATTORNEYS AT LAW

CAPACITY RIGHTS AGREEMENT

FIRST AFFIRMATIVE MATTER SECOND AFFIRMATIVE MATTER. Page 1 of 6 ANSWER

Form CC-1512 MEMORANDUM FOR MECHANIC S LIEN Form CC-1512 CLAIMED BY GENERAL CONTRACTOR UNDER VIRGINIA CODE 43-5

NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME

MORTGAGE SPLITTER AGREEMENT

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ) ) ) ) ) ) ) ) ) SOUTHERN CALIFORNIA EDISON COMPANY S (U 338-E) ANSWER TO COMPLAINT

1 STATE OF GEORGIA 2 CITY OF COLLEGE PARK 3 ORDINANCE NO AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF COLLEGE PARK,

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Form DC-338 AFFIDAVIT FOR SEARCH WARRANT Form DC-338

LSB:jgj. December 5,2008

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

COUNTY COMMITTEE PETITION REQUIRED NUMBER OF SIGNATURES:

AGENDA REPORT. Interlocal Agreement with Polk County for Solid Waste Disposal

IN THE CIRCUIT COURT OF STODDARD COUNTY, MISSOURI

ORDINANCE # 3602 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SACHSE, PROVIDING FOR FEES UNDER THE MASTER FEE SCHEDULE;

IN THE COMMONWEALTH COURT OF PENNSYLVANIA. [NAME OF PETITIONER] Petitioner. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, Respondent

BODEGA BAY PUBLIC UTILITY DISTRICT

IN THE SUPERIOR COURT OF MUSCOGEE COUNTY STATE OF GEORGIA. Civil Action No. SU- - CV- Garnishment Court Information: Clerk of Superior Court

MONROEVILLE MUNICIPAL AUTHORITY RESOLUTION NO. 348 MUNICIPALITY OF MONROEVILLE ORDINANCE NO.2248

CITY OF NORWALK, OHIO ORDINANCE NO

1411 Virginia Street, East ww.shumanlaw.cam 1445 Stewartstown Koad, Suite 200 Suite 200

LEWIS GLASSER. January 18,2019

PETITION FOR CITATION FOR CONTEMPT

FILED: NEW YORK COUNTY CLERK 06/22/ :39 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2016

STATE OF NEW JERSEY COUNCIL ON LOCAL MANDATES RULES OF PROCEDURE

VIA HAND DELIVERY. P.S.C. Case No E-C. October 26,2009

ALABAMA PUBLIC SERVICE COMMISSION ADMINISTRATIVE CODE CHAPTER 770-X-9 WASTEWATER MANAGEMENT ENTITY RULES TABLE OF CONTENTS

" Jurisdiction & Venue

/tj 23. Plaintiff, v. CIVIL ACTION NO.: A West Virginia Corporation, and WEST VIRGINIA- Defendants. COMPLAINT

- against - NOTICE OF MOTION

COIvIMONlVEALTH OF KENTUCKY FAYETTE CIRCUIT COURT - DIVISION l CIVIL ACTION No. 10-CI-S"S"1 z. COMPLAINT * *

IN THE SUPREME COURT OF OHIO

Bodes &x,.,, ATTORNEYS AT LAW 600 Quarrier Street Charleston, West Virginia 25301

Village of Suamico. Chapter 9 SEWER UTILITY

CAUSE NUMBER PLAINTIFF S FIRST AMENDED ORIGNAL PETITION AND REQUEST FOR DISCOVERY AND REQUEST FOR TEMPORARY RESTRAINING ORDER

FILED: NEW YORK COUNTY CLERK 07/09/ :06 PM

CONTRACT FOR SUPPLY OF WATER FROM THE CITY OF INDEPENDENCE, MISSOURI TO PUBLIC WATER SUPPLY DISTRICT NO. 16 OF JACKSON COUNTY, MISSOURI

PRIMARY PETITION NOMINATING CANDIDATE(S) FOR MUNICIPAL OFFICE(S)

Chapter 96 Sewage Disposal Agreement. [HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended ; ;

INSTRUCTIONS PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PROVIDED UNDER W.VA. CODE

SUPERIOR COURT OF CHATHAM COUNTY STATE OF GEORGIA DEFENDANTS' VERIFIED ANSWER TO PLAINTIFFS' COMPLAINT

INTERMUNICIPAL SEWER AGREEMENT

BOONE COUNTY PUBLIC SERVICE DISTRICT, a public utility SEWERAGE ANI) SEWAGE DISPOSAL SERVICE RATES, RULES AND REGULATIONS FOR FURNISHING

ORDINANCE NO. 169 BODEGA BAY PUBLIC UTILITY DISTRICT

NOTICE OF ELECTRONIC FILING

REPLEVIN PACKET. Information or forms provided by the Clerk of Court should be considered as basic

INDUSTRIAL WASTE SURCHARGE AGREEMENT. -and-

Case LSS Doc 5 Filed 09/20/17 Page 1 of 10 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

FILED: NASSAU COUNTY CLERK 12/14/ :53 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2018

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB. In re CITY OF STERLING HEIGHTS, Case No AS Hon.

CAUSE NO. INTERNATIONAL CENTER IN THE DISTRICT COURT OF DEVELOPMENT, IX, LTD., VS DALLAS COUNTY, TEXAS. Defendant JUDICIAL DISTRICT

INFORMAL BID PROPOSAL FORM STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION

Debt Management Committee IMMEDIATELY FOLLOWING FINANCE

Case Doc 4096 Filed 06/04/13 Entered 06/04/13 13:18:57 Main Document Pg 1 of 10 IN THE UNITED STATES BANKRUTPCY COURT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT

BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO ) ) ) ) ) ) ) ) APPLICATION

Administrative Search Warrants for Fire, Health, and Code Inspections. Course objectives. Why is this course important to you?

KAY CO. GRAND JURY SUBMISSION OF QUESTION

BEFORE THE OIL & GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO APPLICATION

CAUSE NO. IN THE MATTER OF IN THE DISTRICT COURT BEXAR COUNTY, TEXAS APPLICATION FOR SEALING FILES AND RECORDS

COMES NOW, the plaintiff and for (his) (her) cause of action, alleges and shows

& ATTORNEYS AT LAW 36 EAST SEVENTW STEEET SUITE 1510 CINCINNATI, OHIO TELEPHONE (513) TELECOPIER (513)

Transcription:

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. 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 24-1-1 provides general jurisdiction to the Public Service Commission to enforce and regulate the practices of public utilities. 5. That West Virginia Code 24-2-7 provides jurisdiction to the Public Service Commission to prohibit public utilities from "unjust, unreasonable, insufficient or unjustly discriminatory" practices. 6. That West Virginia Code 24-4-6 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

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 $66,616.44. 9. That upon information and belief, the current utility practices of Chesapeake are in violation of west Virginia Code 524-2-7 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 $66,616.44 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;

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 25070-0331 304-541-9949

TST JULY $3,002.41 $10,3 28.46 AUGUST $3,002.41 $4,8 23.85 $3,002.41 $11,716.89 $3,002.41 $12,309.72 $3,002.41 $12,425.47 TOTAL DUE $15,012.05 $51,604.39 $ 66,616.44 FLOWS FOR AUGUST NEED ADJUSTED PER PUBLIC SERVICE COMMISSION THE FIRST 18 DAYS NEED TO BE AVERAGED

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.