The Public Service Commission of WV has once again allowed a delay of a hearing at the request of Tomlinson PSD with opposing counsel from Fiesta not opposing the request. The hearing will now be held Oct. 29, 2025 at 9:30 a.m. in Charleston. The schedule for comments and response to those comments is now also delays and now includes Sept. 5 – Tomlinson preliminary cost and justification statement; Oct. 3 – Staff comments and discussion
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 30th day of July 2025.
THE NEWELL COMPANY
TOMLINSON PUBLIC SERVICE DISTRICT and
HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company is a Distressed or Failing Utility under W. Va. Code § 24-2H-6(a).
COMMISSION ORDER
The Commission grants Tomlinson Public Service District’s (Tomlinson) request to continue the hearing, amends the procedural schedule, and directs Tomlinson to publish notice of the hearing.
BACKGROUND
On December 22, 2020, The Newell Company (Newell) requested that the Commission declare, pursuant to W. Va. Code § 24-2H-6(a), that Newell is a distressed or failing utility.
By Order issued May 23, 2022, the Commission found that Newell is a failing utility and ordered the parties to file petitions for Commission consent and approval for the acquisition of Newell’s water and wastewater systems pursuant to W. Va. Code §24-2-12 within thirty days.
The parties were unable to negotiate asset purchase agreements and the Commission scheduled an evidentiary hearing, which took place on October 22, 2022.
By Order issued February 23, 2023, the Commission approved a $3 million purchase price and ordered the Hancock County Public Service District (Hancock PSD) to acquire Newell’s sewer system ($1,361,079) and Tomlinson to acquire Newell’s water system ($1,638,921).
On January 26, 2024, Hancock PSD filed a petition requesting that the Commission provide a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the distressed utilities account.
The Commission granted Hancock PSD’s request by Order dated March 18, 2024.
On July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.[1]
On April 17, 2025, Tomlinson filed a petition for a recommendation to the WVIJDC for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of Newell’s failed distribution system:
By Order dated June 6, 2025, the Commission set a procedural schedule, and ordered notice of a hearing set for August 14, 2025.
On July 18, 2025, Tomlinson filed a Motion to Continue the August 14, 2025, hearing.
DISCUSSION
Tomlinson requested a continuance of the August 14, 2025, hearing and indicated that Staff did not object to a continuance. The Commission will amend the procedural schedule.
The Commission will direct Tomlinson to file its preliminary estimates of cost and statement justifying its request for $5 million from the Distressed Utilities Fund by September 5, 2025. Staff should file responsive comments and a recommendation by October 3, 2025.
Schedule for Comments and Hearing
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
Notice of Filing and Hearing
Tomlinson should publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the counties in which Tomlinson serves its customers.
FINDING OF FACT
Tomlinson requested a continuance of the August 14, 2025, hearing and represented that Staff did not oppose a continuance.[2]
CONCLUSIONS OF LAW
1. The Commission should grant Tomlinson’s motion to continue the August 14, 2025, hearing.
2. The Commission should cancel the hearing previously scheduled for August 14, 2025, and adopt the amended procedural schedule set forth in this Order.
ORDER
IT IS THEREFORE ORDERED that the hearing previously scheduled for August 14, 2025 is canceled and the following amended procedural schedule is established:
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
IT IS FURTHER ORDERED that Tomlinson Public Service District publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the county or counties in which Tomlinson serves its customers.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery.
The Commission grants Tomlinson Public Service District’s (Tomlinson) request to continue the hearing, amends the procedural schedule, and directs Tomlinson to publish notice of the hearing.
BACKGROUND
On December 22, 2020, The Newell Company (Newell) requested that the Commission declare, pursuant to W. Va. Code § 24-2H-6(a), that Newell is a distressed or failing utility.
By Order issued May 23, 2022, the Commission found that Newell is a failing utility and ordered the parties to file petitions for Commission consent and approval for the acquisition of Newell’s water and wastewater systems pursuant to W. Va. Code §24-2-12 within thirty days.
The parties were unable to negotiate asset purchase agreements and the Commission scheduled an evidentiary hearing, which took place on October 22, 2022.
By Order issued February 23, 2023, the Commission approved a $3 million purchase price and ordered the Hancock County Public Service District (Hancock PSD) to acquire Newell’s sewer system ($1,361,079) and Tomlinson to acquire Newell’s water system ($1,638,921).
On January 26, 2024, Hancock PSD filed a petition requesting that the Commission provide a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the distressed utilities account.
The Commission granted Hancock PSD’s request by Order dated March 18, 2024.
On July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.[1]
On April 17, 2025, Tomlinson filed a petition for a recommendation to the WVIJDC for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of Newell’s failed distribution system:
By Order dated June 6, 2025, the Commission set a procedural schedule, and ordered notice of a hearing set for August 14, 2025.
On July 18, 2025, Tomlinson filed a Motion to Continue the August 14, 2025, hearing.
DISCUSSIONDISTRICT
[1] See Case No. 23-0899-PWD-W-PC.
[2] July 18, 2025, Motion to Continue.PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 30th day of July 2025.
THE NEWELL COMPANY
TOMLINSON PUBLIC SERVICE DISTRICT and
HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company is a Distressed or Failing Utility under W. Va. Code § 24-2H-6(a).
COMMISSION ORDER
The Commission grants Tomlinson Public Service District’s (Tomlinson) request to continue the hearing, amends the procedural schedule, and directs Tomlinson to publish notice of the hearing.
BACKGROUND
On December 22, 2020, The Newell Company (Newell) requested that the Commission declare, pursuant to W. Va. Code § 24-2H-6(a), that Newell is a distressed or failing utility.
By Order issued May 23, 2022, the Commission found that Newell is a failing utility and ordered the parties to file petitions for Commission consent and approval for the acquisition of Newell’s water and wastewater systems pursuant to W. Va. Code §24-2-12 within thirty days.
The parties were unable to negotiate asset purchase agreements and the Commission scheduled an evidentiary hearing, which took place on October 22, 2022.
By Order issued February 23, 2023, the Commission approved a $3 million purchase price and ordered the Hancock County Public Service District (Hancock PSD) to acquire Newell’s sewer system ($1,361,079) and Tomlinson to acquire Newell’s water system ($1,638,921).
On January 26, 2024, Hancock PSD filed a petition requesting that the Commission provide a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the distressed utilities account.
The Commission granted Hancock PSD’s request by Order dated March 18, 2024.
On July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.[1]
On April 17, 2025, Tomlinson filed a petition for a recommendation to the WVIJDC for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of Newell’s failed distribution system:
By Order dated June 6, 2025, the Commission set a procedural schedule, and ordered notice of a hearing set for August 14, 2025.
On July 18, 2025, Tomlinson filed a Motion to Continue the August 14, 2025, hearing.
DISCUSSION
Tomlinson requested a continuance of the August 14, 2025, hearing and indicated that Staff did not object to a continuance. The Commission will amend the procedural schedule.
The Commission will direct Tomlinson to file its preliminary estimates of cost and statement justifying its request for $5 million from the Distressed Utilities Fund by September 5, 2025. Staff should file responsive comments and a recommendation by October 3, 2025.
Schedule for Comments and Hearing
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
Notice of Filing and Hearing
Tomlinson should publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the counties in which Tomlinson serves its customers.
FINDING OF FACT
Tomlinson requested a continuance of the August 14, 2025, hearing and represented that Staff did not oppose a continuance.[2]
CONCLUSIONS OF LAW
1. The Commission should grant Tomlinson’s motion to continue the August 14, 2025, hearing.
2. The Commission should cancel the hearing previously scheduled for August 14, 2025, and adopt the amended procedural schedule set forth in this Order.
ORDER
IT IS THEREFORE ORDERED that the hearing previously scheduled for August 14, 2025 is canceled and the following amended procedural schedule is established:
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
IT IS FURTHER ORDERED that Tomlinson Public Service District publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the county or counties in which Tomlinson serves its customers.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery.
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e Commission declare, pursuant to W. Va. Code § 24-2H-6(a), that Newell is a distressed or failing utility.
By Order issued May 23, 2022, the Commission found that Newell is a failing utility and ordered the parties to file petitions for Commission consent and approval for the acquisition of Newell’s water and wastewater systems pursuant to W. Va. Code §24-2-12 within thirty days.
The parties were unable to negotiate asset purchase agreements and the Commission scheduled an evidentiary hearing, which took place on October 22, 2022.
By Order issued February 23, 2023, the Commission approved a $3 million purchase price and ordered the Hancock County Public Service District (Hancock PSD) to acquire Newell’s sewer system ($1,361,079) and Tomlinson to acquire Newell’s water system ($1,638,921).
On January 26, 2024, Hancock PSD filed a petition requesting that the Commission provide a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the distressed utilities account.
The Commission granted Hancock PSD’s request by Order dated March 18, 2024.
On July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.[1]
On April 17, 2025, Tomlinson filed a petition for a recommendation to the WVIJDC for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of Newell’s failed distribution system:
By Order dated June 6, 2025, the Commission set a procedural schedule, and ordered notice of a hearing set for August 14, 2025.
On July 18, 2025, Tomlinson filed a Motion to Continue the August 14, 2025, hearing.
DISCUSSION
Tomlinson requested a continuance of the August 14, 2025, hearing and indicated that Staff did not object to a continuance. The Commission will amend the procedural schedule.
The Commission will direct Tomlinson to file its preliminary estimates of cost and statement justifying its request for $5 million from the Distressed Utilities Fund by September 5, 2025. Staff should file responsive comments and a recommendation by October 3, 2025.
Schedule for Comments and Hearing
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
Notice of Filing and Hearing
Tomlinson should publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the counties in which Tomlinson serves its customers.
FINDING OF FACT
Tomlinson requested a continuance of the August 14, 2025, hearing and represented that Staff did not oppose a continuance.[2]
CONCLUSIONS OF LAW
1. The Commission should grant Tomlinson’s motion to continue the August 14, 2025, hearing.
2. The Commission should cancel the hearing previously scheduled for August 14, 2025, and adopt the amended procedural schedule set forth in this Order.
ORDER
IT IS THEREFORE ORDERED that the hearing previously scheduled for August 14, 2025 is canceled and the following amended procedural schedule is established:
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
IT IS FURTHER ORDERED that Tomlinson Public Service District publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the county or counties in which Tomlinson serves its customers.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery.
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PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
CASE NO. 20-1033-WS-DU
THE NEWELL COMPANY,
TOMLINSON PUBLIC SERVICE DISTRICT
And HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company
is a Distressed or Failing Utility under
W. Va. Code § 24-2H-6(a).
NOTICE OF FILING AND HEARING
NOTICE is hereby given that on April 17, 2025, Tomlinson Public Service District (Tomlinson) filed a petition for a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of The Newell Company’s (Newell) failed distribution system:
Previously, in Case No. 23-0899-PWD-W-PC, by Order dated July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.
The Commission has reopened the above-captioned matter for consideration of Tomlinson’s request for a recommendation to the WVIJDC for $5 million from the Distressed Utilities Fund.
The Commission set a procedural schedule, including a hearing date on the Petition that will begin at 9:30 a.m. on October 29, 2025, in the Howard M. Cunningham Hearing Room at the Commission’s offices at 201 Brooks Street, Charleston, West Virginia.
The Petition, along with the entire case file, is available for public inspection at the Commission, 201 Brooks Street, Charleston, West Virginia, and is available online at the Commission website (www.psc.state.wv.us). Anyone desiring to protest or submit a comment may do so online on the “Submit a Comment” page on the Commission website, or in writing mailed to the Commission at the address listed above. All protests and comments should briefly state the reason for the protest or comment and should state the case name and number, and be addressed to the Executive Secretary at the address listed above.
Interested parties should monitor this case on the Commission web docket in the event that the hearing is rescheduled or canceled for good cause.
TOMLINSON PUBLIC SERVICE DISTRICT
[1] See Case No. 23-0899-PWD-W-PC.
[2] July 18, 2025, Motion to Continue.PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 30th day of July 2025.
THE NEWELL COMPANY
TOMLINSON PUBLIC SERVICE DISTRICT and
HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company is a Distressed or Failing Utility under W. Va. Code § 24-2H-6(a).
COMMISSION ORDER
The Commission grants Tomlinson Public Service District’s (Tomlinson) request to continue the hearing, amends the procedural schedule, and directs Tomlinson to publish notice of the hearing.
BACKGROUND
On December 22, 2020, The Newell Company (Newell) requested that the Commission declare, pursuant to W. Va. Code § 24-2H-6(a), that Newell is a distressed or failing utility.
By Order issued May 23, 2022, the Commission found that Newell is a failing utility and ordered the parties to file petitions for Commission consent and approval for the acquisition of Newell’s water and wastewater systems pursuant to W. Va. Code §24-2-12 within thirty days.
The parties were unable to negotiate asset purchase agreements and the Commission scheduled an evidentiary hearing, which took place on October 22, 2022.
By Order issued February 23, 2023, the Commission approved a $3 million purchase price and ordered the Hancock County Public Service District (Hancock PSD) to acquire Newell’s sewer system ($1,361,079) and Tomlinson to acquire Newell’s water system ($1,638,921).
On January 26, 2024, Hancock PSD filed a petition requesting that the Commission provide a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the distressed utilities account.
The Commission granted Hancock PSD’s request by Order dated March 18, 2024.
On July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.[1]
On April 17, 2025, Tomlinson filed a petition for a recommendation to the WVIJDC for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of Newell’s failed distribution system:
By Order dated June 6, 2025, the Commission set a procedural schedule, and ordered notice of a hearing set for August 14, 2025.
On July 18, 2025, Tomlinson filed a Motion to Continue the August 14, 2025, hearing.
DISCUSSION
Tomlinson requested a continuance of the August 14, 2025, hearing and indicated that Staff did not object to a continuance. The Commission will amend the procedural schedule.
The Commission will direct Tomlinson to file its preliminary estimates of cost and statement justifying its request for $5 million from the Distressed Utilities Fund by September 5, 2025. Staff should file responsive comments and a recommendation by October 3, 2025.
Schedule for Comments and Hearing
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
Notice of Filing and Hearing
Tomlinson should publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the counties in which Tomlinson serves its customers.
FINDING OF FACT
Tomlinson requested a continuance of the August 14, 2025, hearing and represented that Staff did not oppose a continuance.[2]
CONCLUSIONS OF LAW
1. The Commission should grant Tomlinson’s motion to continue the August 14, 2025, hearing.
2. The Commission should cancel the hearing previously scheduled for August 14, 2025, and adopt the amended procedural schedule set forth in this Order.
ORDER
IT IS THEREFORE ORDERED that the hearing previously scheduled for August 14, 2025 is canceled and the following amended procedural schedule is established:
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
IT IS FURTHER ORDERED that Tomlinson Public Service District publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the county or counties in which Tomlinson serves its customers.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery.
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PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
CASE NO. 20-1033-WS-DU
THE NEWELL COMPANY,
TOMLINSON PUBLIC SERVICE DISTRICT
And HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company
is a Distressed or Failing Utility under
W. Va. Code § 24-2H-6(a).
NOTICE OF FILING AND HEARING
NOTICE is hereby given that on April 17, 2025, Tomlinson Public Service District (Tomlinson) filed a petition for a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of The Newell Company’s (Newell) failed distribution system:
Previously, in Case No. 23-0899-PWD-W-PC, by Order dated July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.
The Commission has reopened the above-captioned matter for consideration of Tomlinson’s request for a recommendation to the WVIJDC for $5 million from the Distressed Utilities Fund.
The Commission set a procedural schedule, including a hearing date on the Petition that will begin at 9:30 a.m. on October 29, 2025, in the Howard M. Cunningham Hearing Room at the Commission’s offices at 201 Brooks Street, Charleston, West Virginia.
The Petition, along with the entire case file, is available for public inspection at the Commission, 201 Brooks Street, Charleston, West Virginia, and is available online at the Commission website (www.psc.state.wv.us). Anyone desiring to protest or submit a comment may do so online on the “Submit a Comment” page on the Commission website, or in writing mailed to the Commission at the address listed above. All protests and comments should briefly state the reason for the protest or comment and should state the case name and number, and be addressed to the Executive Secretary at the address listed above.
Interested parties should monitor this case on the Commission web docket in the event that the hearing is rescheduled or canceled for good cause.
TOMLINSON PUBLIC SERVICE DISTRICT
[1] See Case No. 23-0899-PWD-W-PC.
[2] July 18, 2025, Motion to Continue.PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 30th day of July 2025.
THE NEWELL COMPANY
TOMLINSON PUBLIC SERVICE DISTRICT and
HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company is a Distressed or Failing Utility under W. Va. Code § 24-2H-6(a).
COMMISSION ORDER
The Commission grants Tomlinson Public Service District’s (Tomlinson) request to continue the hearing, amends the procedural schedule, and directs Tomlinson to publish notice of the hearing.
BACKGROUND
On December 22, 2020, The Newell Company (Newell) requested that the Commission declare, pursuant to W. Va. Code § 24-2H-6(a), that Newell is a distressed or failing utility.
By Order issued May 23, 2022, the Commission found that Newell is a failing utility and ordered the parties to file petitions for Commission consent and approval for the acquisition of Newell’s water and wastewater systems pursuant to W. Va. Code §24-2-12 within thirty days.
The parties were unable to negotiate asset purchase agreements and the Commission scheduled an evidentiary hearing, which took place on October 22, 2022.
By Order issued February 23, 2023, the Commission approved a $3 million purchase price and ordered the Hancock County Public Service District (Hancock PSD) to acquire Newell’s sewer system ($1,361,079) and Tomlinson to acquire Newell’s water system ($1,638,921).
On January 26, 2024, Hancock PSD filed a petition requesting that the Commission provide a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the distressed utilities account.
The Commission granted Hancock PSD’s request by Order dated March 18, 2024.
On July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.[1]
On April 17, 2025, Tomlinson filed a petition for a recommendation to the WVIJDC for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of Newell’s failed distribution system:
By Order dated June 6, 2025, the Commission set a procedural schedule, and ordered notice of a hearing set for August 14, 2025.
On July 18, 2025, Tomlinson filed a Motion to Continue the August 14, 2025, hearing.
DISCUSSION
Tomlinson requested a continuance of the August 14, 2025, hearing and indicated that Staff did not object to a continuance. The Commission will amend the procedural schedule.
The Commission will direct Tomlinson to file its preliminary estimates of cost and statement justifying its request for $5 million from the Distressed Utilities Fund by September 5, 2025. Staff should file responsive comments and a recommendation by October 3, 2025.
Schedule for Comments and Hearing
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
Notice of Filing and Hearing
Tomlinson should publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the counties in which Tomlinson serves its customers.
FINDING OF FACT
Tomlinson requested a continuance of the August 14, 2025, hearing and represented that Staff did not oppose a continuance.[2]
CONCLUSIONS OF LAW
1. The Commission should grant Tomlinson’s motion to continue the August 14, 2025, hearing.
2. The Commission should cancel the hearing previously scheduled for August 14, 2025, and adopt the amended procedural schedule set forth in this Order.
ORDER
IT IS THEREFORE ORDERED that the hearing previously scheduled for August 14, 2025 is canceled and the following amended procedural schedule is established:
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
IT IS FURTHER ORDERED that Tomlinson Public Service District publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the county or counties in which Tomlinson serves its customers.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery.
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PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
CASE NO. 20-1033-WS-DU
THE NEWELL COMPANY,
TOMLINSON PUBLIC SERVICE DISTRICT
And HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company
is a Distressed or Failing Utility under
W. Va. Code § 24-2H-6(a).
NOTICE OF FILING AND HEARING
NOTICE is hereby given that on April 17, 2025, Tomlinson Public Service District (Tomlinson) filed a petition for a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of The Newell Company’s (Newell) failed distribution system:
Previously, in Case No. 23-0899-PWD-W-PC, by Order dated July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.
The Commission has reopened the above-captioned matter for consideration of Tomlinson’s request for a recommendation to the WVIJDC for $5 million from the Distressed Utilities Fund.
The Commission set a procedural schedule, including a hearing date on the Petition that will begin at 9:30 a.m. on October 29, 2025, in the Howard M. Cunningham Hearing Room at the Commission’s offices at 201 Brooks Street, Charleston, West Virginia.
The Petition, along with the entire case file, is available for public inspection at the Commission, 201 Brooks Street, Charleston, West Virginia, and is available online at the Commission website (www.psc.state.wv.us). Anyone desiring to protest or submit a comment may do so online on the “Submit a Comment” page on the Commission website, or in writing mailed to the Commission at the address listed above. All protests and comments should briefly state the reason for the protest or comment and should state the case name and number, and be addressed to the Executive Secretary at the address listed above.
Interested parties should monitor this case on the Commission web docket in the event that the hearing is rescheduled or canceled for good cause.
TOMLINSON PUBLIC SERVICE DISTRICT
[1] See Case No. 23-0899-PWD-W-PC.
[2] July 18, 2025, Motion to Continue.PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 30th day of July 2025.
THE NEWELL COMPANY
TOMLINSON PUBLIC SERVICE DISTRICT and
HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company is a Distressed or Failing Utility under W. Va. Code § 24-2H-6(a).
COMMISSION ORDER
The Commission grants Tomlinson Public Service District’s (Tomlinson) request to continue the hearing, amends the procedural schedule, and directs Tomlinson to publish notice of the hearing.
BACKGROUND
On December 22, 2020, The Newell Company (Newell) requested that the Commission declare, pursuant to W. Va. Code § 24-2H-6(a), that Newell is a distressed or failing utility.
By Order issued May 23, 2022, the Commission found that Newell is a failing utility and ordered the parties to file petitions for Commission consent and approval for the acquisition of Newell’s water and wastewater systems pursuant to W. Va. Code §24-2-12 within thirty days.
The parties were unable to negotiate asset purchase agreements and the Commission scheduled an evidentiary hearing, which took place on October 22, 2022.
By Order issued February 23, 2023, the Commission approved a $3 million purchase price and ordered the Hancock County Public Service District (Hancock PSD) to acquire Newell’s sewer system ($1,361,079) and Tomlinson to acquire Newell’s water system ($1,638,921).
On January 26, 2024, Hancock PSD filed a petition requesting that the Commission provide a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the distressed utilities account.
The Commission granted Hancock PSD’s request by Order dated March 18, 2024.
On July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.[1]
On April 17, 2025, Tomlinson filed a petition for a recommendation to the WVIJDC for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of Newell’s failed distribution system:
By Order dated June 6, 2025, the Commission set a procedural schedule, and ordered notice of a hearing set for August 14, 2025.
On July 18, 2025, Tomlinson filed a Motion to Continue the August 14, 2025, hearing.
DISCUSSION
Tomlinson requested a continuance of the August 14, 2025, hearing and indicated that Staff did not object to a continuance. The Commission will amend the procedural schedule.
The Commission will direct Tomlinson to file its preliminary estimates of cost and statement justifying its request for $5 million from the Distressed Utilities Fund by September 5, 2025. Staff should file responsive comments and a recommendation by October 3, 2025.
Schedule for Comments and Hearing
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
Notice of Filing and Hearing
Tomlinson should publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the counties in which Tomlinson serves its customers.
FINDING OF FACT
Tomlinson requested a continuance of the August 14, 2025, hearing and represented that Staff did not oppose a continuance.[2]
CONCLUSIONS OF LAW
1. The Commission should grant Tomlinson’s motion to continue the August 14, 2025, hearing.
2. The Commission should cancel the hearing previously scheduled for August 14, 2025, and adopt the amended procedural schedule set forth in this Order.
ORDER
IT IS THEREFORE ORDERED that the hearing previously scheduled for August 14, 2025 is canceled and the following amended procedural schedule is established:
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
IT IS FURTHER ORDERED that Tomlinson Public Service District publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the county or counties in which Tomlinson serves its customers.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery.
JMB/pkb
201033cn
PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
CASE NO. 20-1033-WS-DU
THE NEWELL COMPANY,
TOMLINSON PUBLIC SERVICE DISTRICT
And HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company
is a Distressed or Failing Utility under
W. Va. Code § 24-2H-6(a).
NOTICE OF FILING AND HEARING
NOTICE is hereby given that on April 17, 2025, Tomlinson Public Service District (Tomlinson) filed a petition for a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of The Newell Company’s (Newell) failed distribution system:
Previously, in Case No. 23-0899-PWD-W-PC, by Order dated July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.
The Commission has reopened the above-captioned matter for consideration of Tomlinson’s request for a recommendation to the WVIJDC for $5 million from the Distressed Utilities Fund.
The Commission set a procedural schedule, including a hearing date on the Petition that will begin at 9:30 a.m. on October 29, 2025, in the Howard M. Cunningham Hearing Room at the Commission’s offices at 201 Brooks Street, Charleston, West Virginia.
The Petition, along with the entire case file, is available for public inspection at the Commission, 201 Brooks Street, Charleston, West Virginia, and is available online at the Commission website (www.psc.state.wv.us). Anyone desiring to protest or submit a comment may do so online on the “Submit a Comment” page on the Commission website, or in writing mailed to the Commission at the address listed above. All protests and comments should briefly state the reason for the protest or comment and should state the case name and number, and be addressed to the Executive Secretary at the address listed above.
Interested parties should monitor this case on the Commission web docket in the event that the hearing is rescheduled or canceled for good cause.
TOMLINSON PUBLIC SERVICE DISTRICT
[1] See Case No. 23-0899-PWD-W-PC.
[2] July 18, 2025, Motion to Continue.PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 30th day of July 2025.
THE NEWELL COMPANY
TOMLINSON PUBLIC SERVICE DISTRICT and
HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company is a Distressed or Failing Utility under W. Va. Code § 24-2H-6(a).
COMMISSION ORDER
The Commission grants Tomlinson Public Service District’s (Tomlinson) request to continue the hearing, amends the procedural schedule, and directs Tomlinson to publish notice of the hearing.
BACKGROUND
On December 22, 2020, The Newell Company (Newell) requested that the Commission declare, pursuant to W. Va. Code § 24-2H-6(a), that Newell is a distressed or failing utility.
By Order issued May 23, 2022, the Commission found that Newell is a failing utility and ordered the parties to file petitions for Commission consent and approval for the acquisition of Newell’s water and wastewater systems pursuant to W. Va. Code §24-2-12 within thirty days.
The parties were unable to negotiate asset purchase agreements and the Commission scheduled an evidentiary hearing, which took place on October 22, 2022.
By Order issued February 23, 2023, the Commission approved a $3 million purchase price and ordered the Hancock County Public Service District (Hancock PSD) to acquire Newell’s sewer system ($1,361,079) and Tomlinson to acquire Newell’s water system ($1,638,921).
On January 26, 2024, Hancock PSD filed a petition requesting that the Commission provide a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the distressed utilities account.
The Commission granted Hancock PSD’s request by Order dated March 18, 2024.
On July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.[1]
On April 17, 2025, Tomlinson filed a petition for a recommendation to the WVIJDC for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of Newell’s failed distribution system:
By Order dated June 6, 2025, the Commission set a procedural schedule, and ordered notice of a hearing set for August 14, 2025.
On July 18, 2025, Tomlinson filed a Motion to Continue the August 14, 2025, hearing.
DISCUSSION
Tomlinson requested a continuance of the August 14, 2025, hearing and indicated that Staff did not object to a continuance. The Commission will amend the procedural schedule.
The Commission will direct Tomlinson to file its preliminary estimates of cost and statement justifying its request for $5 million from the Distressed Utilities Fund by September 5, 2025. Staff should file responsive comments and a recommendation by October 3, 2025.
Schedule for Comments and Hearing
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
Notice of Filing and Hearing
Tomlinson should publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the counties in which Tomlinson serves its customers.
FINDING OF FACT
Tomlinson requested a continuance of the August 14, 2025, hearing and represented that Staff did not oppose a continuance.[2]
CONCLUSIONS OF LAW
1. The Commission should grant Tomlinson’s motion to continue the August 14, 2025, hearing.
2. The Commission should cancel the hearing previously scheduled for August 14, 2025, and adopt the amended procedural schedule set forth in this Order.
ORDER
IT IS THEREFORE ORDERED that the hearing previously scheduled for August 14, 2025 is canceled and the following amended procedural schedule is established:
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
IT IS FURTHER ORDERED that Tomlinson Public Service District publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the county or counties in which Tomlinson serves its customers.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery.
JMB/pkb
201033cn
PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
CASE NO. 20-1033-WS-DU
THE NEWELL COMPANY,
TOMLINSON PUBLIC SERVICE DISTRICT
And HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company
is a Distressed or Failing Utility under
W. Va. Code § 24-2H-6(a).
NOTICE OF FILING AND HEARING
NOTICE is hereby given that on April 17, 2025, Tomlinson Public Service District (Tomlinson) filed a petition for a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of The Newell Company’s (Newell) failed distribution system:
Previously, in Case No. 23-0899-PWD-W-PC, by Order dated July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.
The Commission has reopened the above-captioned matter for consideration of Tomlinson’s request for a recommendation to the WVIJDC for $5 million from the Distressed Utilities Fund.
The Commission set a procedural schedule, including a hearing date on the Petition that will begin at 9:30 a.m. on October 29, 2025, in the Howard M. Cunningham Hearing Room at the Commission’s offices at 201 Brooks Street, Charleston, West Virginia.
The Petition, along with the entire case file, is available for public inspection at the Commission, 201 Brooks Street, Charleston, West Virginia, and is available online at the Commission website (www.psc.state.wv.us). Anyone desiring to protest or submit a comment may do so online on the “Submit a Comment” page on the Commission website, or in writing mailed to the Commission at the address listed above. All protests and comments should briefly state the reason for the protest or comment and should state the case name and number, and be addressed to the Executive Secretary at the address listed above.
Interested parties should monitor this case on the Commission web docket in the event that the hearing is rescheduled or canceled for good cause.
TOMLINSON PUBLIC SERVICE DISTRICT
[1] See Case No. 23-0899-PWD-W-PC.
[2] July 18, 2025, Motion to Continue.PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 30th day of July 2025.
THE NEWELL COMPANY
TOMLINSON PUBLIC SERVICE DISTRICT and
HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company is a Distressed or Failing Utility under W. Va. Code § 24-2H-6(a).
COMMISSION ORDER
The Commission grants Tomlinson Public Service District’s (Tomlinson) request to continue the hearing, amends the procedural schedule, and directs Tomlinson to publish notice of the hearing.
BACKGROUND
On December 22, 2020, The Newell Company (Newell) requested that the Commission declare, pursuant to W. Va. Code § 24-2H-6(a), that Newell is a distressed or failing utility.
By Order issued May 23, 2022, the Commission found that Newell is a failing utility and ordered the parties to file petitions for Commission consent and approval for the acquisition of Newell’s water and wastewater systems pursuant to W. Va. Code §24-2-12 within thirty days.
The parties were unable to negotiate asset purchase agreements and the Commission scheduled an evidentiary hearing, which took place on October 22, 2022.
By Order issued February 23, 2023, the Commission approved a $3 million purchase price and ordered the Hancock County Public Service District (Hancock PSD) to acquire Newell’s sewer system ($1,361,079) and Tomlinson to acquire Newell’s water system ($1,638,921).
On January 26, 2024, Hancock PSD filed a petition requesting that the Commission provide a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the distressed utilities account.
The Commission granted Hancock PSD’s request by Order dated March 18, 2024.
On July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.[1]
On April 17, 2025, Tomlinson filed a petition for a recommendation to the WVIJDC for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of Newell’s failed distribution system:
By Order dated June 6, 2025, the Commission set a procedural schedule, and ordered notice of a hearing set for August 14, 2025.
On July 18, 2025, Tomlinson filed a Motion to Continue the August 14, 2025, hearing.
DISCUSSION
Tomlinson requested a continuance of the August 14, 2025, hearing and indicated that Staff did not object to a continuance. The Commission will amend the procedural schedule.
The Commission will direct Tomlinson to file its preliminary estimates of cost and statement justifying its request for $5 million from the Distressed Utilities Fund by September 5, 2025. Staff should file responsive comments and a recommendation by October 3, 2025.
Schedule for Comments and Hearing
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
Notice of Filing and Hearing
Tomlinson should publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the counties in which Tomlinson serves its customers.
FINDING OF FACT
Tomlinson requested a continuance of the August 14, 2025, hearing and represented that Staff did not oppose a continuance.[2]
CONCLUSIONS OF LAW
1. The Commission should grant Tomlinson’s motion to continue the August 14, 2025, hearing.
2. The Commission should cancel the hearing previously scheduled for August 14, 2025, and adopt the amended procedural schedule set forth in this Order.
ORDER
IT IS THEREFORE ORDERED that the hearing previously scheduled for August 14, 2025 is canceled and the following amended procedural schedule is established:
| Tomlinson preliminary estimates of cost and justification statement | September 5, 2025 |
| Staff responsive comments and recommendation | October 3, 2025 |
| Hearing | 9:30 a.m. October 29, 2025, in the Howard M. Cunningham Hearing Room 201 Brooks Street Charleston, West Virginia |
IT IS FURTHER ORDERED that Tomlinson Public Service District publish the Notice of Filing and Hearing attached to this Order one time not more than twenty days and not less than ten days prior to October 29, 2025, in a qualified daily newspaper published in the county or counties in which Tomlinson serves its customers.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery.
JMB/pkb
201033cn
PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
CASE NO. 20-1033-WS-DU
THE NEWELL COMPANY,
TOMLINSON PUBLIC SERVICE DISTRICT
And HANCOCK COUNTY PUBLIC SERVICE DISTRICT,
Petition for determination that the Company
is a Distressed or Failing Utility under
W. Va. Code § 24-2H-6(a).
NOTICE OF FILING AND HEARING
NOTICE is hereby given that on April 17, 2025, Tomlinson Public Service District (Tomlinson) filed a petition for a recommendation to the West Virginia Infrastructure and Jobs Development Council (WVIJDC) for funding from the Distressed Utilities Account in the amount of $5 million (Petition). Tomlinson provided the following proposed funding package necessary to finance the repair of The Newell Company’s (Newell) failed distribution system:
Previously, in Case No. 23-0899-PWD-W-PC, by Order dated July 25, 2024, the Commission granted its consent and approval for Tomlinson to purchase Newell’s water utility assets pursuant to the November 14, 2023, Asset Purchase Agreement.
The Commission has reopened the above-captioned matter for consideration of Tomlinson’s request for a recommendation to the WVIJDC for $5 million from the Distressed Utilities Fund.
The Commission set a procedural schedule, including a hearing date on the Petition that will begin at 9:30 a.m. on October 29, 2025, in the Howard M. Cunningham Hearing Room at the Commission’s offices at 201 Brooks Street, Charleston, West Virginia.
The Petition, along with the entire case file, is available for public inspection at the Commission, 201 Brooks Street, Charleston, West Virginia, and is available online at the Commission website (www.psc.state.wv.us). Anyone desiring to protest or submit a comment may do so online on the “Submit a Comment” page on the Commission website, or in writing mailed to the Commission at the address listed above. All protests and comments should briefly state the reason for the protest or comment and should state the case name and number, and be addressed to the Executive Secretary at the address listed above.
Interested parties should monitor this case on the Commission web docket in the event that the hearing is rescheduled or canceled for good cause.
TOMLINSON PUBLIC SERVICE DISTRICT
[1] See Case No. 23-0899-PWD-W-PC.
[2] July 18, 2025, Motion to Continue.
