PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON

Transcription

1 M. C. CASE NO MC-FC OAK HILL GARBAGE DISPOSAL, INC., a corporation, Complainant, V. BECKLEY GARBAGE DISPOSAL, INC., a corporation, Defendant. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON REBUTTAL RESPONSE OF COMPLAINANT Complainant, Oak Hill Garbage Disposal, Inc., by Counsel, James W. Keenan, as a rebuttal to Defendant s Response of Beckley Garbage Disposal, Inc. To Response of Complainant Oak Hill Garbage Disposal, Inc. To Exceptions of Beckley Garbage Disposal, Inc. To the Recommended Decision Entered on June 30, 2008 the Complainant asserts the following: The areas testified to by Mr. Joseph J. Hutchens, President, Oak Hill Garbage Disposal, Inc., and Mr. Fields C. Hutchens, Jr., Vice President, Oak Hill Garbage Disposal, Inc., are precisely the areas that were referred to in the response by Joseph J. Hutchens, aforesaid, dated June 21, 2007 (copy attached hereto as Appendix A).to the requested information by William D. Rupel, Utilities Analyst 11, Utilities Division, on Page 2 Paragraph Number 2 of the Public Service Commission of West Virginia Utilities Division, Initial Memorandum dated June 14, 2007, (copy attached hereto as Appendix B). SUMMARY The Defendant s criticism as to notice is refbted by the activities of the Commission s staff and the response by Complainant s staff.

2 WHEREFORE, the Complainant, Oak Hill Garbage Disposal, Inc., prays that the recommended decision entered on June 30,2008 be accepted and enforced. OAK HILL GARBAGE DISPOSAL, INC. By Counsel P. 0. Box 614 Fayetteville, WV (304)

3 KEENANUSSQCIATES F.nl :30 n ( 0ak)f;Il Garbage Disposal, Inc. P. 0. Box 10 LANARK, W 2W.I June 21,2007 Sandra Squire Executive Secremy WV Public Service Commission Po Box 812 Charlamn WV REI: CW NO MC-FC Oak Hill Garbage DbpoSat Inc. v Beckley Garb~ge Dhposal, Inc, Rt 30 from Sophia to Rt 16 Rt 16 frdm Sophia to the Wyomhq~ County h e Rt 54 off Rt 16 to the Wyoming County Lha Rt 1 and Rt 190 offof Rt 16 Rt 29 &om Midway to Rt 33 to Rt 16 Rt 25 from Sullivan to the Town of Raleigh The comrrmnity of Ecclea From the intcretclien of Rt 3 and Rt 19 to the Sunmm anal Mercer County linorr Included in this would be any and all side roads off of these ana,._._ -._- - Specializing in Containerized Service Cotrrmercid Industrial Residential

4 KEEN AMASSOCIATES p m ;30 h 1983 the Raleigh County Camnrkeion knited dl the Raleigh County garbirse haulen ta tour the pen box sites that they opaated. The purpose of the tour waa to determine Stfie garbisgo haulera would acrviw thofit avo^ if tho green borne ward taken ow, Oak Hill (idage Dbpoall was tho a@ gatbage compaqv reprsesntcd on this tour. At that tixne Oak iiu Garbage Dilppoaal committed to buy marc tquipmcnt and supply manpower to sarvice these mui, Ewn thou& LTO~C of rhm rcgbns wcro in thew ctdfk,ated area the pmioua omen of Bockley Oarbpec Disposai ma& no offort to serviw cwtotnem in tbese areas. Should y ~ have u my questions regarding Uris, pleat do not hrlritbte to rid

5 KEEN AN\ASSOCIATES F :30 fieaidontiid Customer: Dougtcls and Margie Stanley PO Box 253 Cod City WV Sdcc tocation: Parker Street ui Coal City off of Rt 29, Comnorcial Customer: Dollar General Store 1942 Coal City Road Cod City WV 25823

6 KEENAN\ASSOCIATES 12,15 03 p m C PUBLIC SERVICE COMMISSION OF WEST VIRGINIA UTILITIES DIVISION. IN- ME M 0RANDL.M FROM: \30eWilliam D. Rupei, Utilities Analyst fi Urilities Division - I DATE; June 14,2007 SUBJECT: CASE NO MC-FC OAK HILL GARBAGE DISPOSAL, INC. V, BECKLEY GARBAGE DISPOSAL, INC. On Juic 5, 207, Oak Hill Gahage Disposal, hc., (Complainant) filed a fonnal complaint against Beckley Garbage Disposal, Inc, (Defendant). The Complainant alleges that the Defendant, Beckley Garbage Disposal, hc., since the change of ownership in March 2007, has been providing soiid waste service to areas of Raleigh County that have long since been dormant to their Certificate of Authority. Further, the Complainant req'clests that the Coinmission investigate this matter rind issue an order for Beckley Garbage Disposal, hc,, to cease and desist in their alleged illegal solid waste collection activity. On June 5, 2007, the Commission issued an order directing the Defendant to formerly answer the complaint within ten (10) days after receipt. On June 13, 2007, Beckley Garbage Disposal, Inca, filed with the Commission a formal response to the original June 5,2007 complaint, Therein the June 13, 2007 formal response, Beckley Garbage Disposal, hc., states the following: 1 + Beckley Garbage Disposal operates under P.S.C.M.C. Certificate No, F-4620, and covers the City of Beckley to points and places of disposal. 2. Beckley Garbage Disposal also operates under P.S,C.M.C. Certificate No. F-6296 covering the City of Beckley, aiid within a radius of ten (1'3) miles thereof, exclusive of Route 3, west of the community of Eccles, arid exclusive of Route 99 west from its intersection with Route 3, and between points and places in said area, and places of disposal in Raleigh County..'L)OL~b SL! Jt t;~mlssio# OF w

7 KEEhlANMSSOCIATES 12W02 p rn CASE NO MC-FC OAK HILL GARBAGE DISPOSAI,, INC. v. BECKLEY GARBAGE DISPOSAL, INC June 14,2007 Page TNO 3. Beckley Garbage Disposal is and will continue to operate in its ten (10) mile radius of BecMey, and has no record or knowledge of its service filed as dormant in its Certificate of Authority. 4. Beckley Garbage Disposal requests that the Commission investigate: this matter, and determine that if Beckley Garbage Disposal went outside of its certificated area, then the Defmdant states that it will cease and desist in said area, Staff, in order to complete its investigation iu this case, requests that the following data be submitted to the Executive Secretary s office for review on or before June 29, 2007: 1. Provide the exact number of residential and commercial customers that are alleged to be serviced for solid waste collection by the Defendant, on a weekly basis since March Provide a detailed listing of the streets and or roads in Raleigh County that are alleged to be serviced for solid waste collection try the Defendant in the alleged dormant wea. Refer to page one of the June 5,2007 complaint. L)efendant 1, Provide a route map and the number of residential and commercial customers eunently serviced for solid waste collection under P.S.C.M.C, Cerrificate No. F-62%, as located in the separate areas noted therein paragraph three (3) on the Defendant s formal response received by the Commission on June 13,2007. List the length of smice for current customers seiviced in disputed territory. StafT nates that this formal complaint appears to be a territorial dispute, thus any additional data that Compldnant, and or the Defendant desires the Commission to review in this matter, file with a cover letter to the Executive Secretary s office on or before June 29,2007. Staff will complete its investigation in this formal complaint case, and issue a Filial Recommendation within the time guideiines as prescribed by the Commission.

8 M. C. CASE NO MC-FC OAK HILL GARBAGE DISPOSAL, INC., a corporation, Complainant, PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON V. BECKLEY GARBAGE DISPOSAL, INC., a corporation, Defendant. CERTIFICATE OF SERVICE I, James W. Keenan, do hereby certify that I have served a copy of the foregoing Rebuttal Response of Complainant to Counsel of record by United States first class mail this 3 day of August, 2008 as follows: Samuel F. Hanna, Esq. Hanna Law Office P.O. Box Charleston, WV Keenan & Associates, L.C. P. 0. Box 614 Fayetteville, WV (304)