DANIEL J. GUIDA
Attorney At Law
GUIDA
3374 Main Strect, Weirton, WV 26062.4704 (304) 748-1213 * PAX (304) 748-1225 * (800) 876-0700
Em ail
guidal aw@ corn c as t .net
Au.gust 3 0 , 2 0 0 6
Sandra Squire
public Service omission of mest V i r g i n i a
2 0 1 B r o o k s Street
P . 0 . Box 812
C h a r l e s t o n , WV 2 5 3 2 3
Dear Ms. Squire,
Enc1.0sed please f i n d a n original and twelve ( 1 2 ) c o p i e s
of the C i t y of Weirton‘s ”ANSWER A N D AFFIRMATIVE DEFENSES TO
FORMALl C O M P L A I N T ” in the abclve r e f e r e n c e d matter.
Daniel J, Guida, E s q . ,
Attorney a t Law
WEST VIRGINIA PTYBLIC SERVICE COMMISSION
CHaRLESTON, WEST VXRCINIA
rss
Virgil Birkhimer
RD2 Box 353A
ColLicrs, Hancock County,
WV
Complainant,
CASE NO]. 06-1160-S-C
v.
CITY OF WEIRTON SBNIT'ARY BOARD,
a municipal utility,
Defendant.
ANSWER AND AF,FI,RJWI'Z
VE DEFENSES
TO FOFMhL COMPLAINT
NOW c~rnesthe Defendant, t h e City of Weirton Sanitary
Board, by i t s Attorney, Daniel J. Guida, Esq., and f o r t h e i r
answer to the Complaint filed by Virgil B i r k h i m e r , hereinafter
referred to as Complainant, avara and says a s fallows:
(I) Rule 5 A 5 . a of t h e Public S e r v i c e Commissions Rulee
and Regulations f o r the Government of sewer U t i l i t i e s s t a t e s :
whether publicly or privately
owned, 18 under a public service obligation ta
extend its mains, and ifxi plant: and facilikieo
to serve n e w customexs wi_t,&in f-t-s sa,xvi.cs ar,ea
w
v
. {emphasis mine}
A sewer utility,
(2)
The p r o p e r t y in question,
RD2 Box 3 5 3 B , C o l l i e r s ,
West V i r g i n i a , along with the f i v e ( 5 ) neighboring g r o p e r t i e s are
l o c a t e d in the Ercmke Cou,nty Public Service District ( B C P S D ) ,
which is outaide the service area of the City af Weirton Sanitary
Board.
Accordingly, Mr. Birkhirner and h i s neighbors do not
qualify u n , d e r R u l e 5.5.a as " n e w customers within its a e r v i c e
area who may apply for s e r v i c e .
( 3 ) Furthermore, because the subject properties are
l o c a t e d o u t s i d e t h e service area o f the C i t y o f Weirton Sanitary
Board, Mr. B i r k h f r n e r ' s complaint was improperly f i l e d against the
entity a n d should have bean diracted to the Brooke County Public
Service D i s t r i c t ,
(4)
Additionally, the aforementioned f a c t s
notwithstanding, the cost o f t h e requested extension exceeds t h e
provisions of Public Service Commissions Rules and Regulations
f a r t h e Government o f SewEr Utilities governing such extensions.
(5)
Rule 5 . 5 , f of t h e Public Service Commissions Rules
and Regulations f o r the Government of Sewer Utilities s t a t e s , in
r e l e v a n t part
:
"1. If the estimated c o s t of the proposed
extension required in order to furnish general sewer service exceeds the utility's estimate of t o t a l net revenue a8 determined by
Rule 5.5.12.4, such extension shall be ma
the applicant or the applicant's authoriz
agent; camtracts for such extension and
its ia advance with the utility the e a t
c o s t of the extension over and above the
o f the utflity-funded-portian of the e x t
The u t i l f t t y shall. not pay nor be liable
interest on, such cash deposita. T h e u t i 1
make the extension after receiving the cash depaaPt.
(6)
*
.
tl
Kevin G . Board, assistant d i r e c t o r of the C i t y of
Weirton Sanitary Board, prepared an estimate
of
t h e requested
extension and provided a copy of the same tc MY. B i r l r h i m e r .
A
copy of s a i d estimate is attached as "Exhibit A " and incorporated
herein +
(7)
My. Board eatimated t h a t the requested extension
would c o s t t h e Weirtan S a n i t a r y Board about $ 8 7 , 7 5 0 to complete
w h f 3 a anly generating approximately $3,444.04 in net revenue over
a three
(3) y e a r time period.
(8)
Said estimation was based upon the f a c t that Mr.
Blrkhimer approached t h e Sanitary Board on behalf of not only
h.i.mse:lf, but also five ( 5 ) of h i s neighbars [for a total of six
(6)
custornersl, all of whom reside o u t s i d e t h e service area of
t h e Sanitary Board.
( 9 ) Per t h e pravisione of t h e aforementioned Rule
5,5.f, the over-and-above funding needed to be contracted f o r and
deposited wau'ld be approximately $1.4,067.66
per new customer
[i.e., Mr. B i r k h i m e r and his five ( 5 ) neighbors3
.
(10) As t h e f a c t s clearly indicate, not only ia Mr.
Rirkhimer and h i s five ( 5 ) neighbors outside the service a r e a of
t h e C k t y of Weir'tan Sanitary b u t the eRtirnatcd cost of sthe
requested extension vastly exceeds the projected net revenue that
the S a n i t a r y Board c o u l d r ~ , c a u p ,
WHEREFORE I t h e Refendant prays t h a t
Complaint be
dismissed with p r e j u d i c e , and for such o t h e r
appropriate.
Dated t h e
?b
e
day of August, 2006,
3 3 7 4 Main S t r e
Weirton, WV 26
(304) 7 4 8 - 7 4 5 9
Fax: (304) 748
STATE OF WEST VIRGINIA,
COUNTY OF
,
wit:
Respondent, named in t h e foregoing writing, being first
duly sworn, s a y s t h a t the a-verments t h e r e i n contained are t r u e
except so f a r as t h e y art therein stated to be upon information,
and t h a t insafar as they are t h e r e i n s t a t e d to be upon
i n f o r m a t i o n , he believes them to ba true.
( SEAL )
I
-4
CERTIFXCATE OF SERVTCE,
I certify that I have s e r v e d this REFENDANT, CITY OF
WEIRTON SANITARY BOARD ANSWER TO FORMAL COMPLAINT by mailing a
true copy thereof in the United States Mail, pogtage p r e p a i d to
n
the following:
Mr. Virgil Birkhimer
RD # 2 , Box 3 5 3 A
Colliers, W 26035
DANTEL J. GULDA, Esq.
W State Bar No.: 4 6 0 4
3 3 7 4 Main S t r e e t
Weirton, W 26062
(304) 748-1213
( 3 0 4 ) 748-1225
FAX:
OFflCE OF UTILITIES
-
WEIRTON, WEST VIRGINIA 26062
FAX 3 0 4 1 m - 8 527
TELEPHONE 3041797.a55 o
5000 FREEDOM W A Y
KEVIN G . BOARD
Assistant Dircctor
A,D. MASTRANTON1
Mx. Virgil B i r b e r
m#2,Box 353A
Colliers, WV 26035
Den MT.BirWbher:
Per your request, I have prepared an estimated cost of smvice study to determine the scope
o f work required to install. an 8" sanitary $mer line to thc area in which you Live-A COPY o f
the drawing is attaclied for your revkw. This proJsct would include Iayhg approximately
500 h e a r feet of 5" graxi'cy sewer line across approximately 9 lot lines and serve
approximately 6 horncs. Since a formal. survey has not been completed actual elevations are
udmown at this time and dl figures are non-audit.
500' of SDR-35 8" PVC installed at $70 per foot
5 manholes zt $2,450 each installed
RR crossing 12"bore wi?h steel casiug 100' @ $280 per foot
$35,000
$12,500
$25,000
PCrmittitlg
$ 2,500
Ri&t-of-Ways
Lead
$
Engineering
Estimated Total
$ 7,500
500
$ 2,000
$87,750
Customers :
6 customers x 13.27/monthx 12 monthslyear x 3.5 years
Total Project Cost
$87,750.00
6 C,US&NTETS'
Payback
- 3,344.04
$84,405.96
$84,405.96 dividc by 6 customers = $l,4,O67.66
each
If you bava any questions, please do not hesitate to call.
Sinyxcly,
k!~Vin G!Boa;rd
Assistant Dircctor
KGBirnn.
c:
Brooke county PPSD
Bcrnie Kazienko, Brooke County Commissionerr
$3,344.04