201 Brooks Street, P.O. Box 812
Charleston. West Virginia 25323
Phone: (304) 340-0300
Fax: (3041 340-0325
September 4,20 15
Electronic Service Only
David Bowling
1700 S. US 23
Hager Hill, KY 41222
Kenneth Cogan, President
Cogan’s Wrecker Service, Inc
162 Township Rd 616
South Point, OH 45680
RE:
Case No. 15-1257-MC-FC
David Bowling
V.
Cogan’s Wrecker Service, Inc.
Gentlemen:
Staff Memorandum issued today was served via email on the above-listed parties. If you wish to
respond to Staff Memorandum, you may do so in writing, within 10 days, unless directed otherwise, of this
date. You will not receive a copy of the Staff Memorandum by regular mail.
Your failure to respond in writing to the utility’s answer, Staffs recommendations, or other
documents may result in a decision in your case based on your original filing and the other documents in the
case file, without further hearing or notice.
When you provide an email address you will automatically receive electronic docket notifications as
documents are filed in this proceeding. The email notifications allow recipients to view a document within
an hour from the time the filing is processed.
If you have not done so, you are requested to file the Electronic Mail Agreement, previously mail to
issued in this matter via electronic docket notification.
you, which allows the Commission to serve all
Please note - the Public Service Commission does not accept electronic filings. Therefore, if you
wish to respond to the Staff Memorandum you must do so in writing submitted to the Executive Secretary’s
Office at the above address.
Sincerely,
,
/
Executive Secretary Division
IFijn
Enc. Memo
INITIAL JOINT STAFF MEMORANDUM
TO:
INGRID FERRELL
Executive Secretary
FROM:
LUCAS R HEAD
Staff Attorney
RE:
CASE NO. 15-1257-MC-FC
DAVID BOWLING
V.
COGAN’S WRECKER SERVICE, INC.
DATE: SEPTEMBER 4,2015
On July 31, 2015, David Bowling (Complainant) filed a verified Formal
Complaint with the West Virginia Public Service Commission (Commission) against
Cogan’s Wrecker Service, Jnc. (Company). The Complainant alleged that the Company
is overcharging for service, and has rehsed to release the Complainant’s company truck.
As relief the Complainant requested accurate charges and the release of the truck.
Staff received the Company’s Answer to this matter on August 12, 2015. The
Company stated that due to a miscommunication the invoice for the tow in question had
not been adjusted to reflect the new, updated fees. A new invoice has been issued.
Copies of the old invoice and the new one were attached to the Company’s Answer.
The Staff Attorney has reviewed the material submitted, including the attached
memorandum prepared by Jennifer Moore, Utilities Analyst with the Commission’s
Utilities Division (Utilities Staff). Ms. Moore noted that the Company’s most recent
approved tariff on file is from Case No. 222640-P, effective March 27, 1990. The Staff
Attorney agrees with Utilities Staff that additional information is needed to investigate
this matter. Accordingly, the Staff Attorney will submit formal Data Requests to the
parties. Staff will continue to investigate this matter and file a timely final
recommendation to the Commission. This matter should be referred to the Division of
Administrative Law Judges.
LWCS
Attachment
cws
H:\LHead\Cases\l5-1257-MC-FC,
Bowling v. Cogan’s Wrecker Service\Initial Memo.doc
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
UTILITIES DMSION,STAFF INITIAL MEMORANDUM
rY
FROM:
Jennifer Moore, Utilities Analys
Utilities Division
DATE:
August 26,2015
SUBJECT: CASE NO. 15-1257-MC-FC
David Bowling
V.
Cogan’s Wrecker Service, Inc.
On July 31,2015, David Bowling (Complainant) filed a Formal Complaint
before the Public Service Commission of West Virginia (Commission) against Cogan’s
Wrecker Service, Inc. (Cogan’s - Defendants). The Complaint states that Cogan’s is
overcharging and refusing to release Complainant’s company truck. Complainant is
seeking accurate pricing and the release of truck.
Cogan’s filed their Answer to the formal complaint on August 12, 2015
with the Commission. The Answer states that due to miscommunication, the original
invoice did not reflect the newhpdated fees and that a new adjusted invoice has been
created (both of which are attached). Along with the Answer, Cogan’s filed a copy of the
original invoice and a copy of the adjusted invoice. Cogan’s most recent Commission
approved tariff on file is from case 222640-P effective as of March 27, 1990.
In order for Utility Staff to continue its investigation a request is being
made for the following items from the Complainant and Cogan’s:
Cogan’s
1. Please explain why the invoice submitted contains no start time, no end time,
no indication of who requested the tow, no vehicle information, the lack of
owner information, no schedule of Commission approved rates and charges,
and no standard language regarding customer’s rights?
2. What rates did you use to calculate the charges contained in the invoice
submitted in this matter?
Comdainant
1. Please submit a copy of the accident report for this matter.
Utility Staff will continue to investigate this matter and file all future
memorandums in a timely fashion.