CARL,KEATON SC FRAZER,PLLC
ATTORNEYS
AT LAW
56
E.MAIN STREET
ROMNEY,WEST VIRGINIA26757
H. C H A R L E S CARL, IlI
(304)822-4187
(304)822-3028
FAX (304)
822-78 7 I
WILLIAM C. KEATON
JULIE A. F R A Z E R
WILLIAM H. A N S E L , J R . (1914-1988)
A p r i l 1 0 , 2008
Sandra S q u i r e
Executive Secretary
P u b l i c S e r v i c e Commission
2 0 1 Brooks S t r e e t , P.O. Box 8 1 2
C h a r l e s t o n , WV 2 532 3
I N RE:
CASE NO
CASE NO
?
Dear M s . S q u i r e :
Please f i l e t h e e n c l o s e d Answers a n d 1 2 c o p i e s o f e a c h i n t h e
a b o v e r e f e r e n c e d a c t i o n s on b e h a l f o f Green S p r i n g V a l l e y PSD.
7
Respec f u l l y s u b m i t t e d ,
H.
C h a r l e s C a r l , I11
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.
,
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PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
IN RE:
CASE NO. 08-0441-PSD-C
DONALD L. REID,
PLAINTIFF
vs .
GREEN SPRING VALLEY PUBLIC SERVICE DISTRICT,
DEFENDANT
A N S W E R
Comes now the Defendant in the above styled action, Green Spring
Valley Public Service District (hereinafter sometimes referred to as
“PSD”) , a public utility, who would respectfully answer the heretofore
filed Complaint of the Plaintiff in the above styled action as follows:
1. Your Defendant would admit as true the allegations as contained
in Paragraph No. 1 of said Complaint as same are true and factual.
2.
Your Defendant would deny as untrue the allegations as contained
in Paragraph No. 2 of said Complaint and would demand strict proof
thereof.
Plaintiff has been informed that at this time the PSD cannot
provide the sewer service as the construction of the sewer system is only
15% completed, but that at some point in the future, after completion of
the current sewer project and the system is up and running, his request
can be addressed and at that time the PSD will be in a position of knowing
whether or not the system has the necessary capacity to provide said
service to Plaintiff’s property.
3.
In further explanation, Defendant would state that the Green
Spring Valley
;ARL, KEATON
PLLC
FRAZER,
‘TOHNEYS AT
8
is in the beginning
stages of constructing and
installing a sanitary sewer system to serve approximately 110 customers in
LAW
E. MAIN STREET
OKNEY,
PSD
wv 20757
or near the Town of Green Spring.
Construction of the project began in
January, 2008, and the anticipated completion date is January, 2009.
Presently, according to David Watson, Project Engineer, from Thrasher
Engineering, the project is approximately 15% completed. A Certificate of
Convenience and Necessity was issued by the West Virginia Public Service
Commission for this project, which is being paid for by grants, based on
serving the 110 customers shown on the construction plans. As part of the
sewer system a 20,000 gallon per day wastewater treatment plant is being
constructed, and the plant was
sized to serve the 110 anticipated
customers and some minor growth in the area. Based on the recommendations
of Thrasher Engineering, Inc., engineers for the project and the PSD, no
additional taps will be allowed until the system has been placed into
service, and the PSD can be assured that the plant has the available
capacity to take on additional customers. This has been explained to the
Plaintiff. Once the system is up and running for a couple of months, the
PSD will be in a position to study and determine if the system can provide
the necessary sewer service capacity to service the Plaintiff's property.
Further, Plaintiff's property for which he now requests sewer service
currently has no houses or trailers situate thereon.
For the above
reasons, it is premature to require the PSD to grant Plaintiff's request
at this time, and it would not be responsible or prudent for the PSD to
grant the request of Plaintiff at this time.
P R A Y E R
WHEREFORE, YOUR DEFENDANT WOULD PRAY AS FOLLOWS:
1.
That the Complaint against the Defendant by the Plaintiff be
dismissed.
KEATON
FRAZER,P L L c
;ARL,
'TOHNEYS AT
0
In the alternative, that the Defendant be afforded a full hearing
LAM
E. MAIN STREET
OMNEY,
2.
20757
before the Public Service Commission in which to defend itself, and that
t h e P l a i n t i f f be r e q u i r e d t o p r o v e h i s case w i t h f a c t u a l evidence o f t h e
allegations.
3.
Such o t h e r a n d f u r t h e r r e l i e f a s t h e Commission may deem j u s t a n d
proper.
GREEN SPRING VALLEY
P U B L I C SERVICE DISTRICT
BY COUNSEL
COUNSEL FOR DEFENDANT
ATTORNEY AT LAW
56 EAST M A I N STREET
ROMNEY, WV 26757
WV S t a t e Bar #4844
STATE OF WEST V I R G I N I A ,
COUNTY O F HAMPSHIRE, TO-WIT :
Mark
Puffinburger,
Chairman,
Green S p r i n g V a l l e y P u b l i c S e r v i c e
D i s t r i c t , t h e D e f e n d a n t named i n t h e f o r e g o i n g Answer, b e i n g f i r s t d u l y
sworn,
s a y s t h a t t h e f a c t s and a l l e g a t i o n s t h e r e i n c o n t a i n e d a r e t r u e
oxcept s o f a r a s t h e y a r e t h e r e i n s t a t e d t o b e o n i n f o r m a t i o n , a n d t h a t ,
so f a r a s t h e y a r e t h e r e i n s t a t e d t o b e on i n f o r m a t i o n , h e b e l i e v e s them
to be t r u e .
GREEN SPRING VALLEY PUBLIC
S E R V I C E DISTRICT
Taken, sworn t o and s u b s c r i b e d b e f o r e m e , t h i s t h e
I p r i l , 2008.
KEATON
FRAZER,
PLLC
;ARL,
LAW
E. >LAIN STREET
OMNEY. W v 26757
'TOKNEYS AT
6
9"
day of
CERTIFICATE OF SERVICE
I, H. Charles Carl, 111, counsel for Defendant, do hereby certify
that I have served the foregoing Answer upon the Plaintiff herein my
mailing a true copy thereof to Donald L. Reid, at his address of 1896
Broad Lane, Falling Waters, WV 25419, and upon Sandra Squire, Executive
Secretary, Public Service Commission, herein my mailing an original and
twelve (12) true copies thereof to her at the address of 201 Brooke
Street, P. 0. Box 812, Charleston, West Virginia, 25323, by United States
Mail, postage prepaid, this
7 day of April, 2008.
:
H. CHARLES CARL, I11
hcc/tka/answer/greenspring.reid.2008
~ A R L ,KEATON
FRAZER,
PLLG
'TOHNEYS AT
LAW
8 E. MAIN STREET
O M N E Y , wv 20757