ENTERED
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SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
Entered: January 11, 2002
CASE NO. 01-1510-W-C
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JACK H. ALLISON,
111 Sourwood Lane,
Daniels, Raleigh County,
Complainant,
V.
WEST VIRGINIA-AMERICAN
WATER COMPANY, a public
utility,
Defendant.
RECOMMENDED DECISION
On November 5, 2001, Jack H. Allison filed a formal complaint, duly
verified, against West Virginia-American Water Company (WV-AWC). Mr.
Allison stated that his water bill through July 9, 2001, had averaged
$56.77 per month.
However, the usages reflected on his August and
September bills resulted in a water bill of over $1,000. Mr. Allison
stated that he had all of his water pipes, together with commodes and
faucets, checked and no leaks were found. Mr. Allison requested that the
Commission require WV-AWC to adjust his water bill for the months in
question to reflect average monthly usage and to notify his sewer utility
so that an appropriate adjustment could be issued by that entity.
By Order dated November 5, 2001, WV-AWC was directed to either
satisfy the complaint or make answer thereto, in writing, within ten days
of the service upon it by certified mail of a copy of the complaint and
a copy of the Commission's November 5 , 2001 Order. The Order also stated
that, after receipt of the answer or default in the filing thereto, the
Commission would proceed to investigate the matt-ers set forth in the
complaint in such manner and by such means as might be deemed proper.
On November 26, 2001, WV-AWC, by its counsel Stephen N. Chambers,
Esquire, filed a letter/answer to Mr. Allison's complaint. Mr. Chambers
stated that WV-AWCIs records and field investigations did not reveal any
metering problems with Mr. Allison's account. Nevertheless, the meter
usages reflected on Mr. Allison's August and September 2001 bills were so
far above historical usages as to lead to the presumption that a leak
existed, even though Mr. Allison denied experiencing any leaks. However,
credit adjustments had been made to Mr. Allison's account in the amounts
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of $403.30 for the August 2001 bill and $528.05 for the September 2001
bill, as was shown on an enclosed "duplicate bill'' dated November 19,
2001. The sewer utility serving Mr. Allison would be notified concerning
the adjustments so that his sewer bill could also be adjusted accordingly.
On November 29, 2001, Staff Attorney Meyishi Blair filed an Initial
Joint Staff Memorandum. A Utilities Division Initial Memorandum dated
November 19, 2001, from James H. Burdette, Utilities Analyst, Utilities
Division, was attached thereto. Commission Staff reported that it was in
the process of reviewing this matter and would issue a final recommendation as soon as possible.
By Order dated December 11, 2001, the Commission referred this
matter to the Division of Administrative Law Judges for further disposi-tionand ordered that an Administrative Law Judge's decision be rendered
on or before November 5, 2002.
On December 11, 2001, Ms. Blair filed a Final Joint Staff Memorandum
to which was attached a Utilities Division Final Staff Recommendation
from Mr. Burdette dated December 3, 2001. Commission Staff believed the
adjustments issued by WV-AWC were reasonable and recommended that this
matter be dismissed as resolved.
By letter from the Commission's Executive Secretary dated December
11, 2001, the parties hereto were furnished a copy of Staff I s recommenda-
tion and afforded ten days within which to respond thereto, in writing.
As of the date of this Order, no response has been filed by either party.
On December 12, 2001, the Commission entered a Commission Corrective
Order whereby the decision due date of November 5, 2002, was changed to
In all other respects, the December 11, 2001
read June 3, 2002.
Commission Referral Order was to remain in full force and effect.
FINDINGS OF FACT
1.
On November 5, 2001, Jack H. Allison filed a formal complaint
against West Virginia-American Water Company stating that he had been
improperly billed in excess of $1,000 for water usage as reflected on his
August and September 2001water bills. Mr. Allison requested that WV-AWC
be required to issue adjustments to his account to reflect average
monthly usage for the months in question and to notify his sewer utility
of the adjustments. (See, November 5, 2001 filing).
2.
WV-AWC filed a letter/answer in response to Mr. Allison's
complaint stating that it had issued credit adjustments to Mr. Allison's
account in the amounts of $403.30 for the August 2001 bill and $528.05
for the September 2001 bill and would notify his sewer utility of the
adjustments so that his sewer bill could also be adjusted accordingly.
(See, letter/answer filed November 26. 2001).
3.
Commission Staff recommended that this matter be dismissed as
resolved.
(See, Final Joint Staff Memorandum with attachment filed
December 11, 2001).
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4.
No objections were filed by either party to the Staff recommendation despite being given the opportunity to do so. (See, December 11,
2001 Executive Secretary's letter; case file generally).
CONCLUSION OF LAW
Upon consideration of all of the above, the undersigned Administrative Law Judge is of the opinion that the complaint filed herein on
November 5, 2001, by Jack H. Allison against West Virginia-American Water
Company should be dismissed and removed from the Commission's docket of
open cases as having been satisfactorily resolved.
ORDER
IT IS, THEREFORE, ORDERED that the complaint filed herein on
November 5, 2001, by Jack H. Allison against West Virginia-American Water
Company, be, and hereby is, dismissed and removed from the Commission's
docket of open cases as having been satisfactorily resolved.
The Executive Secretary is hereby ordered to serve a copy of this
order upon the Commission by hand delivery, and upon all parties of
record by United States Certified Mail, return receipt requested.
Leave is hereby granted to the parties to file written exceptions
supported by a brief with the Executive Secretary of the Commission
within fifteen (15) days of the date this order is mailed. If exceptions
are filed, the parties filing exceptions shall certify to the Executive
Secretary that all parties of record have been served said exceptions.
If no exceptions are so filed this order shall become the order of
the Commission, without further action or order, five (5) days following
the expiration of the aforesaid fifteen (15) day time period, unless it
is ordered stayed or postponed by the Commission.
Any party may request waiver of the right to file exceptions to an
Administrative Law Judge's order by filing an appropriate petition in
writing with the Secretary. No such waiver will be effective until
approved by order of the Commission, nor shall any such waiver operate to
make any Administrative Law Judge's Order or Decision the order of the
Commission sooner than five (5) days after approval of such waiver by the
Commission.
Melissa K. Marland
Chief Administrative Law Judge
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