Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Utility Investigation topic
No spam. Unsubscribe anytime.
Fayette County Commission votes to open investigation after PSC and DEP filings against Kanawha Falls PSD
Summary
Following filings by the West Virginia Department of Environmental Protection and Public Service Commission staff alleging operational and environmental failures at Kanawha Falls Public Service District, the Fayette County Commission voted to open its own investigation and consider statutory actions, including coordination with circuit court proceedings.
FAYETTE COUNTY — The Fayette County Commission voted to open an investigation into the Kanawha Falls Public Service District after learning of recent filings by the West Virginia Department of Environmental Protection and staff at the Public Service Commission alleging environmental violations and failures in service.
County counsel Michael briefed the commission that the DEP has initiated an action in Fayette County Circuit Court alleging environmental violations by the Kanawha Falls PSD and that PSC staff has filed that the PSD “is unable or unwilling to adequately service its customers” and has recommended placing the district into receivership under West Virginia American Water. Michael told commissioners the PSC later entered an order directing its staff to file for receivership in circuit court after the PSD did not respond to staff’s filing.
“These actions are concerning, especially the allegations of the PSD’s inability or unwillingness to service customers,” Michael said, describing the PSC staff’s petition and the course of action available to the commission.
After the briefing, a commissioner moved to open a county-level investigation into the Kanawha Falls PSD related to the allegations raised in the DEP and PSC filings. The motion was seconded and approved by voice vote. The commission also directed staff and counsel to exercise any statutory powers necessary to investigate and to report back with findings and recommended next steps.
The county’s action is separate from, and may run parallel to, ongoing state agency and court proceedings. Michael emphasized that the matters described in the DEP and PSC filings are allegations that will be litigated in court and that the commission’s charge is to ensure residents of Fayette County receive reliable water and sewer service.
The commission did not announce a timeline for the county investigation but recorded its vote to begin fact-finding and statutory review. The PSC staff’s request for receivership and any circuit-court filings will proceed independently in Fayette County Circuit Court.
