Legal counsel says refund to Wolf Summit unlikely; extension agreement expected next meeting
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Board counsel told members a refund to Wolf Summit under PSC rules is not feasible given the project's cash flow; staff will draft an extension agreement for review at the next meeting.
Clarksburg Sanitary Board legal counsel told the board that, although Public Service Commission (PSC) rules can allow refunds to customers who initially fund sewer extensions, staff's cash-flow analysis shows a refund program is not feasible for the Wolf Summit extension.
Tim (counsel) said the Wolf Summit project is a roughly $2.1 million project and that an internal calculation provided by 'Anthony' showed a refund estimate of about $2.3 million based on expected flows. Tim said the utility, described in the meeting as an approximately $8 million entity, cannot allocate that level of refunds and concluded that the refund approach “just doesn't cash flow.” He said he has shared the analysis with Jackson Kelly (the Wolf Summit representatives' law firm) and awaits their response.
Tim said staff will remain collegial with Wolf Summit while holding that line and expects to present a draft extension agreement for board review at the next meeting. No board vote or formal commitment to provide refunds was recorded.
