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 5th day of December 2025.
CASE NO. 25-0640-T-E-POLE
CITYNET WEST VIRGINIA, LLC,
a public utility,
Complainant,
v.
MONONGAHELA POWER COMPANY,
FIRSTENERGY CORPORATION, and
FRONTIER WEST VIRGINIA, INC.,
public utilities,
Defendants.
COMMISSION ORDER
The Commission grants the Joint Motion to Continue the hearing currently scheduled for December 8, 2025, and converts the hearing to a status conference to occur on December 8, 2025, at 3:00 p.m. in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
BACKGROUND AND DISCUSSION
On October 28, 2025, the Commission entered an Order that, inter alia, rescheduled the evidentiary hearing in this matter for December 8, 2025, beginning at 9:30 a.m.[1]
On December 3, 2025, the parties, Citynet West Virginia, LLC (Citynet), Monongahela Power Company (Mon Power), FirstEnergy Corporation (collectively the FE Companies), and Frontier West Virginia, Inc. (Frontier) (all collectively referred to as the Parties), filed a Joint Motion to Continue the December 8, 2025, hearing (Joint Motion.) The Parties requested that the Commission continue the December 8, 2025, evidentiary hearing and convert that hearing to a status conference.[2] The Parties asserted that the continuance is warranted in order for the parties to continue settlement negotiations and potentially reduce the need for a hearing before the Commission.[3]
According to the Joint Motion, Citynet and the FE Companies reached a confidential settlement and resolution of the claims in Count I and II of the Complaint.[4] The Joint Motion, however, indicated a need to discuss whether the agreement on the resolution of Count II of the Complaint is acceptable to the West Virginia Office of Broadband for purposes of documenting existing grant programs.[5] The Parties also indicated that they continue to meet in an attempt to resolve the remaining issues in this case.[6]
Thus, the Parties requested that the Commission continue the evidentiary hearing and convert that hearing to a status conference. The Parties further requested that the Commission set another status conference in January 2026.[7] The Parties also indicated that there is good cause to continue the statutory deadline in this case pursuant to Rule 13.1 of the Commission’s Rules for the Government of Pole Attachments (Pole Attachment Rules).[8]
Given the above, the Commission will grant the Joint Motion. The Commission will continue the evidentiary hearing currently set to begin at 9:30 a.m. on December 8, 2025, and set a status conference to begin at 3:00 p.m. on December 8, 2025, in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
In addition to the status of the Parties settlement discussion in this matter, the Commission will discuss the issue of the requested status conference in January of 2026, and continuing the statutory deadline in this matter pursuant to Pole Attachment Rule 13.1. The Commission will enter an order on these issues by subsequent order after the status conference on December 8, 2025.
FINDINGS OF FACT
1. An evidentiary hearing in this case was scheduled to begin on December 8, 2025, at 9:30 a.m.
2. On December 3, 2025, the Parties filed the Joint Motion.
3. Citynet and the FE Companies have reached a resolution of Count I and II of the Complaint.[9]
4. The Joint Motion requested, inter alia, that the Commission continue the hearing on December 8, 2025, and convert that hearing to a status conference in order for the parties to continue discussions to resolve the remaining issues in this case.[10]
CONCLUSIONS OF LAW
1. The Commission should grant the Joint Motion and continue the evidentiary hearing currently set for December 8, 2025.
2. The Commission should schedule a status conference in this matter for December 8, 2025, beginning at 3:00 p.m., in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
ORDER
IT IS THEREFORE ORDERED that the Commission grants the Joint Motion to Continue and cancels the evidentiary hearing scheduled to begin on December 8, 2025, at 9:30 a.m.
IT IS FURTHER ORDERED that the Commission will hold a status conference in this matter on December 8, 2025, beginning at 3:00 p.m., in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
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, by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Staff by hand delivery.
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250640cf
[1] A more detailed procedural history of this case can be found on the Commission’s web docket, www.psc.state.wv.us/WebDocket/default.
[2] Joint Motion at Bates 4. Staff also agreed to the request to continue the hearing. Joint Motion at Bates 4, fn. 1.
[3] Joint Motion at Bates 4.
[4] Id. The Joint Motion noted that Frontier, in joining the Joint Motion, does not waive its right to seek Commission review or approval of the confidential settlement between Citynet and the FE Companies. Id. at fn. 2
[5] Id. at Bates 4.
[6] Id.
[7] Id. at Bates 5.
[8] Id. Pole Attachment Rule 13.1 provides in relevant part that, “[t]he Commission will take final action consisting of an order that will issue within 180 days of the filing of a formal complaint initiating a pole attachment dispute as required by 47 U.S.C. §224(C)(3)(B)(i) except for good cause shown.”
[9] Joint Motion at Bates 4.
[10] Id.PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
hearing. Joint Motion at Bates 4, fn. 1.
[3] Joint Motion at Bates 4.
[4] Id. The Joint Motion noted that Frontier, in joining the Joint Motion, does not waive its right to seek Commission review or approval of the confidential settlement between Citynet and the FE Companies. Id. at fn. 2
[5] Id. at Bates 4.
[6] Id.
[7] Id. at Bates 5.
[8] Id. Pole Attachment Rule 13.1 provides in relevant part that, “[t]he Commission will take final action consisting of an order that will issue within 180 days of the filing of a formal complaint initiating a pole attachment dispute as required by 47 U.S.C. §224(C)(3)(B)(i) except for good cause shown.”
[9] Joint Motion at Bates 4.
[10] Id.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 5th day of December 2025.
CASE NO. 25-0640-T-E-POLE
CITYNET WEST VIRGINIA, LLC,
a public utility,
Complainant,
v.
MONONGAHELA POWER COMPANY,
FIRSTENERGY CORPORATION, and
FRONTIER WEST VIRGINIA, INC.,
public utilities,
Defendants.
COMMISSION ORDER
The Commission grants the Joint Motion to Continue the hearing currently scheduled for December 8, 2025, and converts the hearing to a status conference to occur on December 8, 2025, at 3:00 p.m. in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
BACKGROUND AND DISCUSSION
On October 28, 2025, the Commission entered an Order that, inter alia, rescheduled the evidentiary hearing in this matter for December 8, 2025, beginning at 9:30 a.m.[1]
On December 3, 2025, the parties, Citynet West Virginia, LLC (Citynet), Monongahela Power Company (Mon Power), FirstEnergy Corporation (collectively the FE Companies), and Frontier West Virginia, Inc. (Frontier) (all collectively referred to as the Parties), filed a Joint Motion to Continue the December 8, 2025, hearing (Joint Motion.) The Parties requested that the Commission continue the December 8, 2025, evidentiary hearing and convert that hearing to a status conference.[2] The Parties asserted that the continuance is warranted in order for the parties to continue settlement negotiations and potentially reduce the need for a hearing before the Commission.[3]
According to the Joint Motion, Citynet and the FE Companies reached a confidential settlement and resolution of the claims in Count I and II of the Complaint.[4] The Joint Motion, however, indicated a need to discuss whether the agreement on the resolution of Count II of the Complaint is acceptable to the West Virginia Office of Broadband for purposes of documenting existing grant programs.[5] The Parties also indicated that they continue to meet in an attempt to resolve the remaining issues in this case.[6]
Thus, the Parties requested that the Commission continue the evidentiary hearing and convert that hearing to a status conference. The Parties further requested that the Commission set another status conference in January 2026.[7] The Parties also indicated that there is good cause to continue the statutory deadline in this case pursuant to Rule 13.1 of the Commission’s Rules for the Government of Pole Attachments (Pole Attachment Rules).[8]
Given the above, the Commission will grant the Joint Motion. The Commission will continue the evidentiary hearing currently set to begin at 9:30 a.m. on December 8, 2025, and set a status conference to begin at 3:00 p.m. on December 8, 2025, in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
In addition to the status of the Parties settlement discussion in this matter, the Commission will discuss the issue of the requested status conference in January of 2026, and continuing the statutory deadline in this matter pursuant to Pole Attachment Rule 13.1. The Commission will enter an order on these issues by subsequent order after the status conference on December 8, 2025.
FINDINGS OF FACT
1. An evidentiary hearing in this case was scheduled to begin on December 8, 2025, at 9:30 a.m.
2. On December 3, 2025, the Parties filed the Joint Motion.
3. Citynet and the FE Companies have reached a resolution of Count I and II of the Complaint.[9]
4. The Joint Motion requested, inter alia, that the Commission continue the hearing on December 8, 2025, and convert that hearing to a status conference in order for the parties to continue discussions to resolve the remaining issues in this case.[10]
CONCLUSIONS OF LAW
1. The Commission should grant the Joint Motion and continue the evidentiary hearing currently set for December 8, 2025.
2. The Commission should schedule a status conference in this matter for December 8, 2025, beginning at 3:00 p.m., in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
ORDER
IT IS THEREFORE ORDERED that the Commission grants the Joint Motion to Continue and cancels the evidentiary hearing scheduled to begin on December 8, 2025, at 9:30 a.m.
IT IS FURTHER ORDERED that the Commission will hold a status conference in this matter on December 8, 2025, beginning at 3:00 p.m., in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
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, by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Staff by hand delivery.
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[1] A more detailed procedural history of this case can be found on the Commission’s web docket, www.psc.state.wv.us/WebDocket/default.
[2] Joint Motion at Bates 4. Staff also agreed to the request to continue the hearing. Joint Motion at Bates 4, fn. 1.
[3] Joint Motion at Bates 4.
[4] Id. The Joint Motion noted that Frontier, in joining the Joint Motion, does not waive its right to seek Commission review or approval of the confidential settlement between Citynet and the FE Companies. Id. at fn. 2
[5] Id. at Bates 4.
[6] Id.
[7] Id. at Bates 5.
[8] Id. Pole Attachment Rule 13.1 provides in relevant part that, “[t]he Commission will take final action consisting of an order that will issue within 180 days of the filing of a formal complaint initiating a pole attachment dispute as required by 47 U.S.C. §224(C)(3)(B)(i) except for good cause shown.”
[9] Joint Motion at Bates 4.
[10] Id.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 5th day of December 2025.
CASE NO. 25-0640-T-E-POLE
CITYNET WEST VIRGINIA, LLC,
a public utility,
Complainant,
v.
MONONGAHELA POWER COMPANY,
FIRSTENERGY CORPORATION, and
FRONTIER WEST VIRGINIA, INC.,
public utilities,
Defendants.
COMMISSION ORDER
The Commission grants the Joint Motion to Continue the hearing currently scheduled for December 8, 2025, and converts the hearing to a status conference to occur on December 8, 2025, at 3:00 p.m. in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
BACKGROUND AND DISCUSSION
On October 28, 2025, the Commission entered an Order that, inter alia, rescheduled the evidentiary hearing in this matter for December 8, 2025, beginning at 9:30 a.m.[1]
On December 3, 2025, the parties, Citynet West Virginia, LLC (Citynet), Monongahela Power Company (Mon Power), FirstEnergy Corporation (collectively the FE Companies), and Frontier West Virginia, Inc. (Frontier) (all collectively referred to as the Parties), filed a Joint Motion to Continue the December 8, 2025, hearing (Joint Motion.) The Parties requested that the Commission continue the December 8, 2025, evidentiary hearing and convert that hearing to a status conference.[2] The Parties asserted that the continuance is warranted in order for the parties to continue settlement negotiations and potentially reduce the need for a hearing before the Commission.[3]
According to the Joint Motion, Citynet and the FE Companies reached a confidential settlement and resolution of the claims in Count I and II of the Complaint.[4] The Joint Motion, however, indicated a need to discuss whether the agreement on the resolution of Count II of the Complaint is acceptable to the West Virginia Office of Broadband for purposes of documenting existing grant programs.[5] The Parties also indicated that they continue to meet in an attempt to resolve the remaining issues in this case.[6]
Thus, the Parties requested that the Commission continue the evidentiary hearing and convert that hearing to a status conference. The Parties further requested that the Commission set another status conference in January 2026.[7] The Parties also indicated that there is good cause to continue the statutory deadline in this case pursuant to Rule 13.1 of the Commission’s Rules for the Government of Pole Attachments (Pole Attachment Rules).[8]
Given the above, the Commission will grant the Joint Motion. The Commission will continue the evidentiary hearing currently set to begin at 9:30 a.m. on December 8, 2025, and set a status conference to begin at 3:00 p.m. on December 8, 2025, in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
In addition to the status of the Parties settlement discussion in this matter, the Commission will discuss the issue of the requested status conference in January of 2026, and continuing the statutory deadline in this matter pursuant to Pole Attachment Rule 13.1. The Commission will enter an order on these issues by subsequent order after the status conference on December 8, 2025.
FINDINGS OF FACT
1. An evidentiary hearing in this case was scheduled to begin on December 8, 2025, at 9:30 a.m.
2. On December 3, 2025, the Parties filed the Joint Motion.
3. Citynet and the FE Companies have reached a resolution of Count I and II of the Complaint.[9]
4. The Joint Motion requested, inter alia, that the Commission continue the hearing on December 8, 2025, and convert that hearing to a status conference in order for the parties to continue discussions to resolve the remaining issues in this case.[10]
CONCLUSIONS OF LAW
1. The Commission should grant the Joint Motion and continue the evidentiary hearing currently set for December 8, 2025.
2. The Commission should schedule a status conference in this matter for December 8, 2025, beginning at 3:00 p.m., in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
ORDER
IT IS THEREFORE ORDERED that the Commission grants the Joint Motion to Continue and cancels the evidentiary hearing scheduled to begin on December 8, 2025, at 9:30 a.m.
IT IS FURTHER ORDERED that the Commission will hold a status conference in this matter on December 8, 2025, beginning at 3:00 p.m., in the Howard M. Cunningham Hearing Room, Commission Headquarters, 201 Brooks Street, Charleston, West Virginia.
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, by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Staff by hand delivery.
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250640cf
[1] A more detailed procedural history of this case can be found on the Commission’s web docket, www.psc.state.wv.us/WebDocket/default.
[2] Joint Motion at Bates 4. Staff also agreed to the request to continue the hearing. Joint Motion at Bates 4, fn. 1.
[3] Joint Motion at Bates 4.
[4] Id. The Joint Motion noted that Frontier, in joining the Joint Motion, does not waive its right to seek Commission review or approval of the confidential settlement between Citynet and the FE Companies. Id. at fn. 2
[5] Id. at Bates 4.
[6] Id.
[7] Id. at Bates 5.
[8] Id. Pole Attachment Rule 13.1 provides in relevant part that, “[t]he Commission will take final action consisting of an order that will issue within 180 days of the filing of a formal complaint initiating a pole attachment dispute as required by 47 U.S.C. §224(C)(3)(B)(i) except for good cause shown.”
[9] Joint Motion at Bates 4.
[10] Id.
