PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON. Issued: April 16, 201 5

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1 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Issued: April 16, CASE NO S-C AUDIE ESTEP, Salt Rock, Cabell County, V. ALVA LYNN VANCE, dba A. VANCE ENVIRONMENTAL, a utility. Complainant, Defendant. CASE NO S-C REBECCA STONE and BERTHEL KEENEY, Salt Rock, Cabell County, V. ALVA LYNN VANCE, dba A. VANCE ENVIRONMENTAL, a utility. Complainant, Defendant. CASE NO S-C ADDRINNA HARVEY, Salt Rock, Cabell County, V ALVA LYNN VANCE, dba A. VANCE ENVIRONMENTAL, a utility. Complainant, Defendant, d WestVirginia

2 CASE NO S-C PATRICIA SHARP-DOLL, Salt Rock, Cabell County, V. ALVA LYNN VANCE, dba A. VANCE ENVIRONMENTAL, a utility. Complainant, Defendant. PROCEDURAL ORDER This Order sets the matter for a viewing and for an evidentiary hearing. Between June 2, 2014 and August 15, 2014, the Commission received four separate complaints about the operation of a sewer treatment plant serving the Holiday Park community, which was operated by Alva Lynn Vance, dba A. Vance Environmental. The complaints alleged that the treatment plant had been without power for several weeks and that Alva Vance had abandoned the plant. They complained that raw sewage was overflowing the plant and running into the community s yards creating an unbearable stench. They alleged improper billing practices and requested immediate relief. As a result of the complaints, the matter was eventually set for hearing on October 21, The hearing was held and significant evidence was submitted but Alva Vance did not appear at the hearing. By Procedural Order issued December 12, 2014, Alva Vance was granted fifteen days to object to a finding that he had abandoned the utility facility serving the Holiday Park community. The Procedural Order summarized the extensive evidence presented at the hearing and concluded that the preponderance of the evidence demonstrated abandonment of the facility by Mr. Vance. The Order further required Staff to report any short term recommendations concerning any remedies that could be implemented in the case of abandonment of the facility. Mr. Vance did not respond to the Procedural Order or challenge the finding of abandonment. 2

3 On December 17, 20 14, Staff moved for interim relief. Staff reported that it had received numerous calls from customers of the system indicating that Mr. Vance was back billing customers for service for a number of months. Staff feared that Mr. Vance might attempt to terminate water service associated with the bills recently served on the customers. Staff requested that Mr. Vance be ordered to refrain from billing and that West Virginia-American Water Company be made a party to the proceeding and prohibited from terminating water service for the failure to pay sewer bills to Aha Vance. By Procedural Order issued December 17,20 14, West Virginia-American Water was made a party to the proceeding and prohibited from terminating water service to any sewer customer of Alva Lynn Vance, dba A. Vance Environmental until further Order of the Commission. The Order further required Mr. Vance to cease terminating water service for the non-payment of sewer bills until and unless he refuted the finding that he has abandoned the utility system. The Order also required Mr. Vance to provide a customer list to the Commission by no later than January 2, On January 9, 2015, Mr. Vance filed a document which appeared to be a customer list. On February 1 1, 20 15, the matter was set for hearing on March 13, On February 13, 20 15, Staff informed the Commission that Berthel Keeney was attempting to perform maintenance on the sewer plant and keep it operational on a temporary basis. On February 20, 20 15, Staff reported that the sewer plant was in arrearage to Appalachian Power Company on its electric bill. On March 10, 2015, the hearing was canceled due to significant flooding in the Holiday Park community. On April 1, 2015, Staff reported that the Salt Rock Public Service District declined to try to provide service in the community or to acquire the failing treatment plant and facilities. On April 14, 2015, Staff requested a site visit to the treatment plant prior to any future evidentiary hearing. Staff indicated in its motion that these complaint cases have evolved into a last ditch effort to keep the sewer package plant operating and to keep the residents of Holiday Park from being evicted due to lack of sewer service, Staff indicated that a site visit would be helpful prior to an evidentiary hearing. The matter should be set for an evidentiary hearing. The Staff motion for a view of the treatment plant facilities should be granted. of West Virginia 3

4 ORDER IT IS, THEREFORE, ORDERED that the matter be set for a view of the sewer treatment facilities at the Holiday Park Community at 1O:OO a.m. on May 4, The parties and any interested customers may attend the site visit. It is not necessary for the court reporter to appear at the site visit. The view will be conducted off the record and will be limited to the parties and customers pointing out any relevant items that should be viewed. IT IS FURTHER ORDERED that the matter be, and hereby is, set for hearing immediately after the conclusion of the site visit. The hearing will be held in the Meeting Room of the Salt Rock Public Library, 5575 Madison Creek Road, Salt Rock. IT IS FURTHER ORDERED that the Executive Secretary publish the attached Notice of Hearing in a qualified newspaper, published and of general circulation in Cabell County, once a week, for two consecutive weeks, sometime between April 17,2015 and May 1, IT IS FURTHER ORDERED that the West Virginia-American Water Company is not required to appear at the hearing. IT IS FURTHER ORDERED that the Executive Secretary's Office serve a copy of this order upon all parties by electronic service, if they have filed an e-service agreement with the Commission; by United States Certified Mail, return receipt requested, if they have not filed an e- service agreement with the Commission; and upon Commission Staff by hand delivery. IT IS FURTHER ORDERED that the Executive Secretary serve a copy of this Order upon the Appalachian Power Company, the Division of Environmental Protection, the Cabell County Commission, and the Cabell County Health Department by United States first class mail. IT IS FURTHER ORDERED that the Executive Secretary serve a copy of this Order upon the following addresses by United States first class mail: Auttie Adkins 868 Holiday Park Drive Anita Blackwell 867 Holiday Park Drive Bobby Blackwell 833 Holiday Park Drive Jes Bledsoe 873A Holiday Park Drive Lisa Boling 835C Holiday Park Drive Cartene Bragg 852 Holiday Park Drive ci West Virginia Charlcsten 4

5 Danny Brammer 856 Holiday Park Drive Tommy Brumfield 857 Holiday Park Drive Thomas Brundfield 83 1 Holiday Park Drive Chuck Chaney Holiday Park Drive Rubin Chaney 873 Holiday Park Drive Roy Conrad 844 Holiday Park Drive Bobby Copper 857 Holiday Park Drive Jessie Craft 846 Holiday Park Drive Don Cummings 842 Holiday Park Drive Janice Farmer 852 Holiday Park Drive Sammy Fregate 85 1 Holiday Park Drive Katharinne Gessey 838 Holiday Park Drive Amy Gothard 860 Holiday Park Drive Merie Gray 868 Holiday Park Drive Christina Harvey 8 18 Holiday Park Drive Jeff James 83 8 Holiday Park Drive James Jeffrey, Jr. 50 Holiday Park Drive Richy Kingery 846 Holiday Park Drive Prince France Machieste 866A Holiday Park Drive Donna McCormick 834 Holiday Park Drive Gary McFeeley Brogan Burgess 855 Holiday Park Drive Mark Mills 865 Holiday Park Drive Charkstcm 5

6 Nora Mills 847 Holiday Park Drive Emery Muncy Holiday Park Drive Janice Muncy 849 Holiday Park Drive Marsha Oldaker 844 Holiday Park Drive Marisa Petire c/o Britane Adkins 84 1 Holiday Park Drive Andrew Raffensburger 869 Holiday Park Drive Lorraine Raffensburger 835 Holiday Park Drive Shirley Raffensburger 83 5 Holiday Park Drive Jeff Rainey 83 8 Holiday Park Drive Vernon Ruley 824 Holiday Park Drive Bryan Smith 86 1 Holiday Park Drive John & Beverly Sweeney 832 Holiday Park Drive Jesse Swims 873A Holiday Park Drive Kenneth Tower 821 Holiday Park Drive Jason Tunrt & Kristin Harvey 8 16 Holiday Park Drive James West 840 Holiday Park Drive Catherine Williams 8 19 Holiday Park Drive Wes Williams Holiday Park Drive Connie 834 Holiday Park Drive Larry 858 Holiday Park Drive Resident 850 Holiday Park Drive Resident 85 1A Holiday Park Drive 6

7 Re si dent 862 Holiday Park Drive Nancy Cartmill President, Cabell County Coinmission ' Avenue Huntington WV Stanley Mills HHR Project Manager 703 7th Avenue Huntington WV Christopher Tatum County Administrator Cabell County Commission 750 5th Avenue Huntington WV Mark J, Rudolph, Esq. West Virginia Department of Environmental Protection Office of Legal Services 'h Street WV Cynthia Musser West Virginia Department of Environmental Protection Environmental Inspections Supervisor P. 0. Box 662 Teays WV Keith A. George Chief Administrative Law Judge KAG:lc ah.doc Charlestm 7

8 NOTICE OF HEARING CONCERNING THE SEWER SYSTEM FOR THE HOLIDAY PARK COMMUNITY In a hearing held by the on October 21, 2014, regarding a series of Complaint cases against Alva Lynn Vance, dba A. Vance Environmental, evidence was presented that Mr. Vance has abandoned the sewer system serving the Holiday Park Community near Salt Rock in Cabell County. (See P.S.C. Case Nos S-C; S-C; S- C and S-C). Mr. Vance was granted the opportunity to refute the finding of abandonment and has not done so. By Procedural Order issued December 17, 2014, Alva Vance was prohibited from billing customers in the Holiday Park Community for sewer service and prohibited from terminating water service for nonpayment of sewer bills. The Procedural Order added the West Virginia- American Water Company as a party to the proceeding and prohibited the water company from terminating water service for nonpayment of sewer bills for Mr. Vance s customers until hrther Commission Order. It appears that the treatment facility is currently not operative. Additionally, it appears that there currently exists no mechanism for the collection of rates, which are critically necessary in order to attempt to operate this neglected and old treatment plant and are essential to pay for continued electric service to the sewer plant. The matter has been set for a site visit at the sewer plant at 1O:OO a.m. on May 4, An evidentiary hearing has been set for immediately after the site visit in the Meeting Room of the Salt Rock Public Library, 5575 Madison Creek Road, Salt Rock. Customers served by the sewer system are invited to attend the site visit and the hearing. West Virginia Public Setvice Commission