PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
Issued: September 30,2015
CASE NO. 15-1257-MC-FC
DAVID BOWLING,
Hager Hill, Johnson County, Kentucky,
Complainant,
V
COGANS WRECKER SERVICE, INC.,
a corporation,
Defendant.
PROCEDURAL ORDER
This Order establishes a procedural schedule, including the hearing date of November 5,
2015.
PROCEDURE
On July 31, 2015, David Bowling (Complainant), Hager Hill, Kentucky, filed a formal
complaint against Cogan’s Wrecker Service, Inc. (Defendant). The Complainant alleged that the
Defendant overcharged for towing service and refused to release his company truck. As relief,
the Complainant requested accurate pricing of service and the release of the truck.
By Commission Order dated July 31, 2015, the Defendant was required to satisfy the
forinal complaint or make answer thereto, in writing, within ten days of the service upon it by
certified mail of a copy of the formal complaint and a copy of the Order in accordance with the
provisions of Rule 7 of the Rules of Practice and Procedure before this Commission, and after
receipt thereof or default therein, the Cominission would proceed to investigate the matter set
forth in the formal complaint in such manner and by such meaxis as might be deemed proper.
On August 12, 20 15, the Defendant filed an unverified answer with attached old and new
invoices.
On September 4, 2015, Staff filed its first data request to the Complainant.
On September 4, 2015, Staff filed its first data request to the Defendant.
Public Service Commission
of West Virginia
Charleston
On September 4, 2015, Staff Attorney Lucas R. Head filed an Initial Joint Staff
Memorandum to which was attached the August 26, 2015 Utilities Division Staff Initial
Memorandum prepared by Jennifer Moore, Utilities Analyst I, Utilities Division. Staff reported
on the Complainant’s complaint and the Defendant’s answer. Upon completion of its
investigation, Staff would file a timely final recommendation.
By Commission Order dated September 15, 2015, the Defendant was required to file a
verification to its answer, within ten days of the date of the Order, and the proceeding was
referred to the Division of Administrative Law Judges with a decision due date of on or before
February 26,2015.
By Procedural Order dated September 17, 2015, Staff was required to file a Further Joint
Staff Memorandum regarding the Defendant’s alleged retention of the Complainant’s truck. Staff
was also required to file its final substantive recoinmendation in the matter on or before October
29, 2015. The Complainant was required to file a completed Verification Form No. 12 and the
Defendant was required to file a verification to its answer on or before September 24,2015.
On September 24, 2015, Staff Attorney Head filed the Further Joint Staff Memorandum.
Staff reported that the Defendant still had the Complainant’s truck and would not release it until
the invoice is paid.
On September 28, 2015, the Complainant filed a completed verification form and
discovery responses.
On September 29, 2015, the Defendant filed a completed verification form and discovery
responses.
Upon consideration of the above, the following procedural schedule should be established
for the timely processing of this matter:
A hearing is scheduled for November 5, 2015, at 11:OO a.m. at the Fort Gay Town
1.
Hall, Meeting Room, 3407 Wayne Street, Fort Gay, W;
2.
A transcript of the proceeding is to be filed on or before November 19,2015;
Initial briefs, if any, are to be filed on or before December 9,2015, and reply briefs,
3.
if any, are to be filed on or before December 2 1,2015.
ORDER
IT IS, THEREFORE, ORDERED that the above-stated procedural schedule, including the
hearing date of November 5, 2015, is adopted.
Public Service Commission
of West Virginia
Charleston
2
IT IS FURTHER ORDERED that the Executive Secretary serve this Order upon
Commission Staff by hand delivery, upon all parties of record who have filed an e-service
agreement with the Commission by electronic service and upon all other parties by U.S. Certified
Mail, return receipt requested.
Deborah Yost
Dervort
Administrative Law Judge
DW:bam
151257aaa
Public Service Commission
of West Virginia
Charleston
3