WV Public Service Commission ATTN: Ingrid Ferrell, Executive Secretary P.O. Box 812 Charleston, virv 25323

Transcription

1 WV Public Service Commission ATTN: Ingrid Ferrell, Executive Secretary P.O. Box 812 Charleston, virv RE: Case No S-CN City of Mount Hope EQ Basin Sewer Project Dear Ms. Ferrell: I represent the City of Mount Hope with regard to the above-referenced proceeding. As such, enclosed please find, for filing, the original and twelve (12) copies of a MOTION TO TOLL THE STATUTORY DEADLINE, MOTION TO EXTEND THE ADMINISTRATIVE LAW JUDGE S DECISION DUE DATE, AND TO EXTEND THE COMMISSION STAFF S DATE TO FILE A RECOMMENDATION. All parties of record have been served with a copy of the same as indicated on the attached Certificate of Service. If you should have any questions, please do not hesitate to contact this office. JHS/lmm Enclosures cc: Polly Obugene, City Manager, wlenclosure Ronald E. Robertson, Jr., Esq., w/enclosure Samme Gee, Esq., w/enclosure Lance T. Morgan, P.E., w/enclosure Michael Griffth, CPA, wlenclosure State Bar No. 3392

2 PUl3LIC SERVICE COMMISSION OF WST VIRGINIA CHARL,ESTON CASE NO S-CN CITY OF MOUNT HOPE, a municipal corporation, a public utility, Fayette County, Application for Certificate of Convenience and Necessity to construct certain improvements and upgrades to its existing waste water system along with all necessary work related thereto MOTION TO TOLL THE STATUTORY DEADLINE, MOTION TO EXTEND THE AD~INIST~TI~~E LAW JUDGE S DECISION DUE DATE, AND TO EXTEND THE COMMISSION STAFF S DATE TO FILE A RECOMMENDATION Comes now the City of Mount Hope (City), a public utility, Fayette County, by counsel, John H. Shumate, Jr., and respectiidly petitions the Commission to Toll the Statutory Time Period, to extend the Administrative Law Judge s Decision Due Date(s), and to extend the Commission StafPs Date to File a Recommendation. In support of these requests, the City states as follows: 1. That on or about September 21, 2017, the City filed an Application for Certificate of Convenience and Necessity to construct certain improvements and upgrades to its existing waste water system along with all necessary work related thereto, at or near the City of Mount Hope, in Fayette County, West Virginia. 2. That on October 11, 2017, the Commission entered an Order referring this proceeding to the Division Administrative Law Judge s requiring that Division to render a decision in this matter on or before February 9, 2018, if there was no substantial protests to the certificate application. In the event, substantial protests were received within thirty (30) days after the required notice was provided, the Administrative Law Judge Division was required to render its decision on or before March 12,2018.

3 3. That the required Notice of Filing has been provided to the public and as of the date of this Petition there have been no protests filed with the Commission. 4. That on December 15, 2017, the City filed a Motion to toll the running of the statutory suspension period and to extend the Administrative Law Judge Decision and Staff Report due dates for ninety days. The City explained that the additional time was needed to submit the WV IJDC grant funding letter, the State Revolving Fund (SRF) fhding letter and the NPDES permit. The City also represented that Staff has no objection to the request for an additional ninety (90) days. 5. That on December 27, 2017, the Commission entered an Order tolling the running of the statutory suspension period until June 24, 201 8, extending the Administrative Law Judge Decision due date until May 10, 2018, and extending the Staff report due date until March 26, The Commission s Engineering Staff and Utilities Staff have been working with the City to review this filing. On February 13, 2018, WV IJDC approved a change in funding the project. Additional time is needed for the City to submit the IJDC grant firnding letter and the SRF funding letter. This will require, in the City s opinion, a ninety (90) day tolling of the Statutory deadline for the Commission to process this case. If the tolling request is granted, an Extension of the Administrative Law Judge s current decision due date for a like period of ninety (90) days is needed. Also, a ninety (90) day extension of the Staffs current due date to file its recommendation will be needed. 7. The City s counsel has spoken with the Staff Attorney assigned to this proceeding and he has no objection to these requests. 8. That upon information and belief, it is believed that these requests are in the public interest and will allow this proceeding to proceed in an orderly fashion.

4 WHEREFORE, based upon the foregoing, the City, respectfully requests that this Honorable Commission issue an Order tolling the statutory time period for processing this certificate application for a period of ninety (90) days, that an Order be issued extending the Administrative Law Judge's Decision Due Date for a period of ninety (90) days and that a corresponding extension of ninety (90) days be granted to the Commission Staff to file a Report, and for such other and further relief as the Commission deems fit and proper. Respectfully submitted this 21" day of March, CITY OF MOUNT HOPE, a public utility, By Counsel, P.O. Drawer 23 1 Mt. Hope, Mrv (304)

5 CERTIFICATE OF SERVICE I, John H. Shumate, Jr., Counsel for the City of Mount Hope, do hereby certify that I have served a copy of the foregoing MOTION TO TOLL THE STATUTORY DEADLINE, MOTION TO EXTEND THE ADMINISTRATIVE LAW JUDGE S DECISION DUE DATE, AND TO EXTEND THE COMMISSION STAFF S DATE TO FILE A RECOMMENDATION upon all parties of record by mailing a true and exact copy thereof to their last known address by United States Mail, postage prepaid, on the 21St day of March, 2018, as follows: Ronald E. Robertson, Jr., Esquire Staff Attorney Public Service Commission of WV P.O. Box 812 Charleston, W 25323