West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-07 - Rules For The Government Of Water Utilities
Section 150-7-10 - Creation or Alteration of Public Service Districts
Universal Citation: 150 WV Code of State Rules 150-7-10
Current through Register Vol. XLI, No. 13, March 29, 2024
10.1. Creation or alteration of a public service district.
10.1.1. A county commission
upon entering an order on its own motion, or upon receipt of a petition, or
upon receipt of a recommendation of the Commission, proposing the creation,
enlargement, reduction, merger, dissolution, or consolidation of a public
service district pursuant to W. Va. Code §
16-13A-2, shall:
10.1.1.a. At the same session, fix a date of
hearing in the county which date shall be not more than forty (40) days nor
less than twenty (20) days from the date of the action;
10.1.1.b. Within ten (10) days, provide the
Executive Secretary of the Commission with a copy of the order or petition and
notification of the time and place of the hearing to be held by the county
commission;
10.1.1.c. If the
territory proposed to be included is situated in more than one county, when
fixing the date of hearing, provide for notifying the county commission and
clerk thereof of each of the other counties into which the territory extends of
the date so fixed;
10.1.1.d.
Publish, at least ten (10) days prior to the hearing, a Class I legal
advertisement meeting the requirements stated in W. Va. Code §
16-13A-2, giving notice of the
hearing;
10.1.1.e. Post notice in
at least five (5) conspicuous locations in the proposed public service district
as required by W. Va. Code §
16-13A-2; and
10.1.1.f. File with the Executive Secretary
of the Commission affidavits of publication pursuant to Water Rule 10.1.1.d.,
and affidavits of posting pursuant to Water Rule 10.1.1.e. as soon as the same
are available.
10.2. Notification to the Commission of county commission action.
10.2.1. If the
county commission enters an order creating, enlarging, reducing, merging,
dissolving, or consolidating a public service district, the county commission
shall, within ten (10) days of entering such order, file a copy of such order
with the Executive Secretary of the Commission. If the county commission
declines to enter such an order, the county commission shall, within ten (10)
days of declining, file with the Executive Secretary of the Commission notice
that it has declined to enter any such order.
10.3. Notice of Filing.
10.3.1. Upon the receipt of a county
commission order proposing the creation, enlargement, reduction, merger,
dissolution, or consolidation of a public service district pursuant to W. Va.
Code §
16-13A-2, the Commission may
provide notice of the proceeding through the issuance of a Class I legal
advertisement in the form prescribed by the Commission, in the county or
counties affected by the proposed order. The notice shall include the right of
any customer of the proposed public service district or other interested party
to file a written protest. See Water Form No. 8 for example of notice to be
published.
10.4. Commission hearing.
10.4.1. The Commission may
hold a hearing or hearings in each county affected by a county commission
order(s) filed pursuant to Water Rule 10.1.1. If the Commission holds a
hearing, the Commission shall publish a Class I legal advertisement giving
notice of the hearing or hearings.
10.5. Commission consideration of proposed creation or alteration.
10.5.1. After public
comment and hearing, if held, the Commission shall, by order, approve,
disapprove or modify a county commission order creating, expanding, merging,
consolidating, reducing or dissolving a public service district. In
deliberating on approval, modification or disapproval the Commission may
consider, among other things:
10.5.1.a. the
public convenience and necessity;
10.5.1.b. the economic feasibility, including
sources of funding, costs and related benefits of the county commission's
order;
10.5.1.c. the adequacy of
facilities;
10.5.1.d. other
facilities in the area; and
10.5.1.e. other possible
alternatives.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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