(The ruling of the West Virginia Public Service Commission follows)

CASE NO. 24-0622-PWD-42P
TOMINSON PUBLIC SEDRVICE DISTRICT
STAFF’S REPLY TO THE NEWELL COMPANY AND THE FIESTA
TABLEWARE COMPANY’S PETITION TO INTERVENE
Comes now the Staff of the West Virginia Public Service Commission (Staff)
and requests the Commission DENY the Newell Company and Fiesta Tableware
Company’s Petition to Intervene.
Staff notes the standard for a Petition to Intervene is found in the
Commission’s Rules of Practice and Procedure, Rule 12.6.1 .a, which states:
The petition or motion shall disclose the name of the party Intervening,
the name, mailing and email addresses of the intervenor or his/her
attorney, if any, as well as the West Virginia Bar ID number of hidher
attorney, if any, a clear and concise statement of the grounds for the
proposed intervention, the position and interest of the petitioner or
movement in the proceeding, and a concise statement of the relief
desired. Leave will not be granted except on allegations
reasonably pertinent to the issues already presented and which
do not unduly broaden them. (emphasis added)
The Newell Company and the Fiesta Tableware Company base their
Petition to Intervene on the grounds that the Tomlinson Public Service District
(District) and Fiesta Tableware Company (Fiesta) have not entered into
negotiations for the cost of providing non-potable water to Fiesta. Fiesta alleges
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the Rule 42 Exhibit filed with the July 24, 2024 application in this proceeding
includes a bill analysis which includes a rate for non-potable water at the same
rate as Tomlinson’s current tariff rate for potable water.
Fiesta notes that it is not seeking to create undue delay in this proceeding,
and are willing to negotiate with the District a non-potable water rate and a meter
charge.
Staff has reviewed the Petition to Intervene dated July 30, 2024, and the
District‘s application dated July 24, 2024, and determines the Petition to Intervene
is not germane to’the rate increase being sought by the District, and will unduly
broaden the issues being addressed in this proceeding in violation of Rule
12.6.1.a. The District is seeking its rate recovery in accordance with the 42P
mechanism and will increase rates and charges for potable water to be imposed
by the District. The District notes the increase in potable water rates is necessary
to meet current operational requirements, capital improvements, and debt service
obligations, and will not increase the rates of current customers. Staff asserts the
non-potable water rate being brought forth by Fiesta is not being requested in this
Rule 42 proceeding and is not included in the proposed Tariff,
Fiesta, in the July 30, 2024 Petition to Intervene, indicates it is seeking to
negotiate the non-potable water rate in order to produce a tariff sheet that reflects
the Fiesta will create delay in this proceeding and can be done separate and apart
from this proceeding.

THEREFORE, based on the foregoing, Staff respectfully requests the
Commission enter an Order DENYING the Petition to Intervene.
Respectfully submitted this the 5th day of August 2024.
STAFF OF THE PUBLIC SERVICE
COMMISSION OF WEST VIRGINIA
By Counsel,
CHRISTOPHER L. HOWARD
Staff Attorney
WV State Bar I.D. No. 8688
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