Fiesta/Tomlinson Rate Hearing Cancelled

Both Fiesta Tableware Company and Tomlinson Public Service District have reached an agreement on rate through mediation. An evidentiary hearing slated for Sept. 30 in Charleston to determine the appropriate rate has been cancelled.

Both Fiesta and Tomlinson have agreed to terms set forth in a mediation agreement reached Sept. 26. The agreement is subject to approval to the Public Service Commission.

The order follows:

CASE NO. 25-0070-PWD-C
FIESTA TABLEWARE COMPANY,
Complainant

VS.
TOMLINSON PUBLIC SERVICE DISTRICT,
Defendant.

MOTION TO CANCEL
SEPTEMBER 30, 2025 HEARING

Now comes Fiesta Tableware Company (“Fiesta”), by counsel, and

moves for the cancellation of the hearing scheduled in the above-
referenced proceeding based upon the following:

  1. By Procedural Order entered July 1, 2025, this matter was
    scheduled for evidentiary hearing on September 30, 2025.
  2. By Procedural Order entered September 4, 2025, the parties
    to this proceeding were directed to file a status update, separately or
    jointly, by September 12, 2025.
  3. On September 11, 2025, Counsel for Fiesta filed a status
    update informing the Public Service Commission (“PSC” or “Commission’)

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of on-going negotiations and private mediation having been scheduled for
September 26, 2025, to attempt to resolve the appropriate rate to be
charged by Tomlinson Public Service District (“District’) to Fiesta.

  1. With attorney David Hanna acting as mediator, mediation was
    held on September 26, 2025.
  2. Both Fiesta and the District have agreed to terms in a
    mediation agreement, subject to PSC approval, and will be filing a Joint
    Stipulation and Agreement for Settlement encompassing the terms set
    forth in the mediation agreement.
  3. Tom Decapio, counsel for the District, has indicated he has no
    objection to the granting of this motion cancelling the hearing.
    WHEREFORE, based upon the foregoing, Fiesta moves that the
    Administrative Law Judge enter an Order cancelling the September 30,
    2025 hearing.

FIESTA TABLEWARE COMPANY
By Counsel

ALANA

John R. McGhee (WV Bar No. 5205)
Robert R. Rodecker (WV Bar No. 3145)
Kay Casto & Chaney PLLC
Post Office Box 2031
Charleston, WV 25327-2031
Telephone: 304.345.8900
jmcghee@kaycasto.com
rrodecker@kaycasto.com

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