Chester City Council adopted Resolution 2024-05 at its Monday meeting, setting in motion the necessary steps for a water rate increase and the financing for additions and improvements to its existing water system. The West Virginia Public Service Commission had rejected the initial action by Council, stating that the increase must be advertised in a legal ad in a qualified newspaper giving the public the opportunity to also call for a public hearing.
Mayor Ed Wedgewood rewrote the resolution and received the PSC’s approval prior to submitting it Council Monday night. The resolution passed and Wedgewood said the increase would be published as required. The PSC issued an order Monday extending the due date for the application by 60 days to allow the City time to meet the post ordinance steps.
The City heard from resident Christopher Jones about his inability to get storm drains cleared. He said he had contacted his Councilman who said there was a car parked in the way making it unable to clean-up. Jones said his neighbor moved his car and it has now been three weeks and the drain has yet to be cleaned. Mayor Wedgewood said he would see to it the drain was cleaned.
Richard Diamond was listed on the agenda to provide Council with an update on the Carolina Clinic, but was not in attendance at the meeting.
In other business, Council:
**Filed receipts of $99,574.49 to be placed in the General Fund;
**Paid bills of $134,518.93;
**Accepted receipts of $7,400.00 from the building fund;
**Paid bills of $632.20 from the building fund;
**Approved the purchased of awnings for the City Building at a cost of $6,000.00;
**Approved the renewal of the WV Corp coverage;
**Approved the payment of $794.00 in dues to the WV Municipal League. Mayor Wedgewood stated that the League was a valuable resource for the City when it comes to legal matters, especially since they do not have a solicitor;
**Agreed to accept bids for asbestos testing of dilapidated buildings scheduled to be torn down. It was agreed that all the houses be tested prior to the bids being taken on the demolition.
**A request from the Street Department requesting summer help died for lack of a motion;
**Agenda items from the Street Department regarding a credit card and the tar machine were both tabled;
**Approved the continuance of a $5,000.00 sign on bonus for a certified police officer. Chief Chuck Stanley noted that the City has two new hires and hiring a certified officer saves the City the cost of sending the new hire to the State Police Academy.
**Congratulated new hire Kyle Swan who was presented with the Perseverance Award at the Conclusion of his training at the State Police Academy;
**Approved security cameras at the Third Street playground;
**Councilman Jason Thorn announced there will be a Veterans Dinner at the Legion on June 2 and any Veteran is welcome to attend.
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 6th day of May 2024.
CASE NO. 24-0054-W-CN
CHESTER MUNICIPAL WATER DEPARTMENT
Application for a certificate of convenience and necessity to
construct certain additions and improvements to its existing
water system and for approval of the financing thereof.
COMMISSION ORDER
The Commission grants the Chester Municipal Water Department’s (City)
request to extend the statutory due date by 60 days and establishes a new
Administrative Law Judge (ALJ) recommended decision due date.
BACKGROUND
On February 1, 2024, the City filed an application for a certificate of
convenience and necessity pursuant to W. Va. Code §24-2-11 for the
construction of additions and improvements to its existing water system.
By Commission Order issued March 12, 2024, this matter was referred to
the Administrative Law Judge Division (ALJ) with a decision due date of July 15,
On April 29, 2024, the City filed a Motion to Toll Statutory Decision
Deadline by 60 days.
DISCUSSION
The City has requested an extension of the statutory period and ALJ
decision due date to allow sufficient time for the City to re-publish the Ordinance
in order to appropriately comply with the statutory requirements and
recommendations of the Commission. Staff stated they would not object to the
tolling of the statutory deadline.
The pertinent dates are as follows:
Current due dates:
ALJ due date: July 15, 2024
Statutory decision due date: September 13, 2024
Extended due dates:
ALJ due date: September 13, 2024
Statutory decision due date: November 12, 2024
The City requested to extend the running of the statutory review period by
60 days and is the entity that the statute was written to protect. It is reasonable
to grant the City’s request to extend the statutory period by 60 days to allow time
for the City to provide the Commission with the appropriate documentation
regarding the post-adoption steps of their Ordinance regarding the rate increase
necessary to support the project set forth in the Certificate of Convenience and
Necessity .
The Commission will extend the ALJ decision due date of July 15, 2024, to
September 13, 2024 and the statutory decision date from September 13, 2024, to
November 12, 2024.
FINDING OF FACT
The City requested an extension of the statutory review period. Motion,
April 29, 2024.
CONCLUSION OF LAW
It is reasonable to extend the statutory review period for 60 days to allow
time for the City to provide the Commission with the appropriate documentation
regarding the post-adoption steps of their Ordinance regarding the rate increase
necessary to support the project set forth in the Certificate of Convenience and
Necessity. The new statutory deadline is November 12, 2024.
ORDER
IT IS THEREFORE ORDERED that the Chester Municipal Water
Department’s request to extend the statutory review period by 60 days is granted.
IT IS FURTHER ORDERED that the current Administrative Law Judge
decision due date is extended until September 13, 2024.
IT IS FURTHER ORDERED that the current statutory deadline is extended
until November 12, 2024.
2
IT IS FURTHER ORDERED that if the participants desire an extension of
the foregoing decision due date, they may seek an extension only on formal
a p p I ica t ion to the Co m m i ssio n .
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.
A True Copy, Teste,
-L26iQu
Karen Buckley, Executive Secretary
RMMIs
240054ca
