A letter sent to the WV Public Service Commission with the most recent information follows:
RE: CASE NO. 25-0070-PWD-C
FIESTA TABLEWARE COMPANY vs. TOMLINSON
PUBLIC SERVICE DISTRICT
Dear Ms. Buckley:
The undersigned is authorized by counsel for Tomlinson Public Service District (“Tomblinson”) to represent this letter is provided as a joint submission of the parties. Pursuant to the September 4, 2025 Procedural Order entered in the above-referenced matter, Fiesta Tableware Company (“Fiesta”) and Tomlinson provide the following status update as to settlement negotiations between the parties.
Since the July 1, 2025 Order rescheduling the hearing in this matter for September 30, 2025, to permit Fiesta sufficient time to review information provided by the PSD in response to Fiesta’s subpoena duces tecum, Fiesta subsequently issued on July 22, 2025, interrogatories to Tomlinson to which Tomlinson responded on August 11, 2025. After review of the interrogatory responses, Fiesta, on August 28, 2025, provided Tomlinson with its proposal of an interim rate and a raw water rate. On September 9, 2025, counsel for Tomlinson advised Fiesta counsel that the proposed rates were not acceptable to it and suggested that the parties consider a private mediation prior to the September 30, 2025 hearing.
The parties have agreed to a mediation with attorney David Hanna acting as mediator. Said mediation is scheduled for September 26, 2025, in advance of the September 30, 2025 scheduled hearing.
If mediation is unsuccessful, the parties will move forward with the september 30, 2025 hearing.
Please do not hesitate to contact me should you have any questions. Sincerely,
John R. McGhee
