COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 12
(By Senators McCabe, Plymale, Foster, Palumbo and Chafin)
____________
[Originating in the Committee on Government Organization;
reported February 24, 2010.]
____________
A BILL to amend and reenact §16-13D-1, §16-13D-2, §16-13D-
6, §16-
13D-8 and §16-13D-15 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto six new
sections, designated §16-13D-10a, §16-13D-10b, §16-13D-
15a,
§16-13D-
15b, §16-13D-
15c and §16-13D-
15d; and to amend and
reenact §24-2-3 and §24-2-4b of said code, all relating to
authorizing regional water authorities, regional wastewater
authorities and regional water and wastewater authorities to
provide for the joint maintenance of its participating public
agencies; authorizing regional water authorities, regional
wastewater authorities and regional water and wastewater
authorities to extend service to unserved customers within its
territory; establishing an ordinance procedure for regional
water authorities, regional wastewater authorities and
regional water and wastewater authorities; and permiting regional water authorities, regional wastewater authorities
and regional water and wastewater authorities
to purchase or
merge with existing public service district to provide water
services.
Be it enacted by the Legislature of West Virginia:
That §16-13D-1, §16-13D-2, §16-13D-
6, §16-13D-8 and §16-13D-15
of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that said code be amended by adding thereto six new
sections, designated §16-13D-10a, §16-13D-10b, §16-13D-
15a, §16-
13D-
15b, §16-13D-
15c and §16-13D-
15d
; and that §24-2-3 and §24-2-4b
of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 13D. REGIONAL WATER AND WASTEWATER AUTHORITY ACT.
§16-13D-1. Statement of purpose.
(a) It is the purpose of this article to permit certain public
agencies to make the most efficient use of their powers relating to
public water supplies and the transportation and treatment of
wastewater by enabling them to cooperate with other public agencies
on a basis of mutual advantage and thereby to provide services and
facilities to participating public agencies and to provide for the
establishment for such purpose of a quasi-governmental public
corporation which shall be known as a regional water authority, or
where appropriate, a regional wastewater authority, or regional
water and wastewater authority.
(b) The function of the regional water authority shall be to
: secure a source
(1) enable public agencies to join together to provide the
most economical method of transportation, treatment, and sale of
water;
(2) enable the sale of water on a scale larger than is
feasible for individual public agencies acting alone, and to sell
such water to
multiple public service districts, municipalities,
publicly and privately owned water utilities, and others;
(3) reduce maintenance costs by consolidating maintenance
responsibilities;
(4) facilitate the service of unserved areas by extending
service to customers that otherwise would not be served; and
(5) to purchase or merge with existing public service
districts or municipal utilities for the provision of public water
supplies.
(c) The function of the regional wastewater authority shall
be
:
(1) to enable public agencies to join together to provide the
most economical method of transportation and treatment of
wastewater;
and
(2) to provide such transportation and treatment services;
(3) to reduce maintenance costs by consolidating maintenance
responsibilities to for multiple public service districts,
municipalities, publicly and privately owned wastewater utilities,
and others;
(4) to facilitate the service of unserved areas by extending service to customers that otherwise would not be served; and (5)
purchase or merge with existing public service districts or
municipal utilities for the provision of public wastewater
services.
(d) The function of the regional water and wastewater
authority shall be to enable public agencies to join together to
carry out the joint functions of both regional water authority and
a regional wastewater authority.
(e) In addition to the purposes for which it may have
originally been created, any authority created pursuant to this
article shall have the power to enter into agreements with public
agencies, privately owned utilities, and other authorities, for the
provision of related services including, but not limited to the
following: administration, operation and maintenance, billing and
collection.
§16-13D-2. Definitions.
For the purposes of this article:
(a)
The term "authority" shall mean "Authority" means any
regional water authority, regional wastewater authority or regional
water and wastewater authority organized pursuant to the provisions
of this article;
and
(b) "Joint maintenance" means an authority's ability to
provide maintenance services for the facilities and other
structures of its participating members thereby allowing
participating members to share maintenance employees, equipment and
other maintenance costs necessary for the operation of a water or wastewater system; and
(b) (c) The term "public agency" shall mean "Public agency"
means any municipality, county, public service district,
city,
town, authority, district, regional governmental authority, or
other political subdivision of this state,
or not-for-profit
association or corporation in West Virginia.
§16-13D-6. Governing body; appointments; terms of members, voting
rights.
(a) The governing body of the authority shall consist of not
less than three persons selected by the participating public
agencies. Each participating public agency shall appoint at least
one and not more than two members. Each member's full term shall be
not less than one year nor more than four years and initial terms
shall be staggered in accordance with procedures set forth in the
agreement provided for in section three of this article and
amendments thereto. In the case of an authority which is made up by
the agreement of two public agencies, each public agency shall
appoint two representatives to the governing body.
(b) The manner of selection of such governing body and terms
of office shall be set forth in the agreement provided for in
section three of this article and amendments thereto. The governing
body of the authority shall elect one of its members as president,
one as treasurer and one as secretary.
(c) Each member shall have one vote in any matter that comes
before the authority for decision. However, the member agencies
shall, in the original agreement establishing the authority, set forth any special weighting of such votes based upon population
served, volumes of water purchased, volumes of wastewater treated,
numbers of customers, or some other criterion, so as to maintain
fairness in the decisions and operations of the authority.
§16-13D-8. Powers of governing body.
For the purpose of providing a water supply; transportation
facilities, joint maintenance, or treatment system to the
participating public agencies; to provide service to unserved
areas, and others; and to provide for the purchase or merger by a
regional water authority of a municipal utility or a public service
district, the governing body of the authority shall have has the
following powers, authorities and privileges:
(1) To accept by gift or grant from any person, firm,
corporation, trust or foundation, or from this state or any other
state or any political subdivision or municipality thereof, or from
the United States, any funds or property or any interest therein
for the uses and purposes of the authority and to hold title
thereto in trust or otherwise and to bind the authority to apply
the same according to the terms of such the gift or grant;
(2) To sue and be sued;
(3) To enter into franchises, contracts and agreements with
this or any other state or the United States or any municipality,
political subdivision or authority thereof, or any of their
agencies or instrumentalities, or any public or private person,
partnership, association or corporation of this state or of any
other state or the United States, and this state and any such municipality, political subdivision, authority or any of their
agencies or instrumentalities, and any such public or private
person, partnership, association or corporation is hereby
authorized to enter into contracts and agreements with such the
authority for any term not exceeding forty years for the planning,
development, construction, acquisition, maintenance or operation of
any facility or for any service rendered to, for or by said the
authority;
(4) To borrow money and evidence the same by warrants, notes
or bonds as hereinafter provided in this article and to refund the
same by the issuance of refunding obligations;
(5) To acquire land and interests in land by gift, purchase,
exchange or eminent domain, such power of eminent domain to be
exercised within or without the boundaries of the authority in
accordance with provisions of article two, chapter fifty-four of
this code;
(6) To acquire by purchase or lease, construct, install and
operate reservoirs, pipelines, wells, check dams, pumping stations,
water purification treatment plants and other facilities for the
production, distribution and utilization of water, and
transportation facilities, pump stations, lift stations, treatment
facilities and other facilities for the transportation and
treatment of wastewater, and to own and hold such real and personal
property as may be necessary to carry out the purposes of its
organization, and to own and operate such water and wastewater
facilities, subject to the advance approval of the Public Service Commission for any proposed acquisition, construction,
installation, ownership or operation: Provided, That the Public
Service Commission shall act on all proposals submitted under this
paragraph within one hundred twenty eighty days of filing with the
commission: Provided, however, That if the Public Service
Commission has not acted within such period of time, approval of
such the proposal shall be deemed granted;
(7) To have the general management, control and supervision of
all the business, affairs, property and facilities of the
authority, and of the construction, installation, operation and
maintenance of authority improvements and to establish regulations
relating thereto;
(8) To provide for the joint maintenance of the participating
public agencies for all reservoirs, pipelines, wells, check dams,
pumping stations, water treatment plants and other facilities for
the production, distribution and utilization of water, and
transportation facilities, pump stations, lift stations, treatment
facilities and other facilities for the transportation and
treatment of wastewater of the participating public agencies;
(9) To extend service to unserved areas not contained within
the boundaries of nonparticipating utilities;
(10) To sell water to or treat sewage from any entity,
including any public agency or for-profit entity at a bulk rate;
(11) To enact rate ordinances pursuant to this article;
(8) (12) To hire and retain agents, employees, engineers and
attorneys and to determine their compensation. The governing body shall select and appoint a general manager of the authority who
shall serve at the pleasure of said the governing body. The
general manager shall is required to have training and experience
in the supervision and administration of the system or systems
operated by the authority and shall manage and control the system
under the general supervision of said the governing body. All
employees, servants and agents of the authority shall be under the
immediate control and management of said the general manager. The
general manager shall perform all such other duties as may be
prescribed by said the governing body and shall give the governing
body a good and sufficient surety company bond in a sum to be set
and approved by the governing body conditioned upon the
satisfactory performance of the general manager's duties. The
governing body may also require that any other employees be bonded
in such amount as it shall determine. The cost of said the bonds
shall be paid out of the funds of the authority;
(9) (13) To adopt and amend rules and regulations not in
conflict with the constitution and laws of this state, or the rules
of the public service commission, necessary for the carrying on of
the business, objects and affairs of the governing body and of the
authority; and
(10) (14) To have and exercise all rights and powers necessary
or incidental to or implied from the specific powers granted
herein. Such specific powers shall are not be considered as a
limitation upon any power necessary or appropriate to carry out the
purposes of this article.
§16-13D-10a. Joint maintenance.
Each participating public agency of the authority shall
provide to the governing body of the authority its yearly
maintenance expenses. The governing body of the authority shall
estimate the cost of providing joint maintenance to the
participating public agencies and compare the cost that would be
attributable to each participating public agency for joint
maintenance to the existing cost of maintenance expenses for each
participating public agency. The governing body of an authority
shall provide for the joint maintenance of the participating public
agencies if the governing body of the authority determines that a
significant cost savings for each participating public agency shall
occur if the authority provides the joint maintenance for each
participating public agency. If the authority is providing the
joint maintenance for each participating public agency, the
authority shall charge each participating public agency a
maintenance fee to pay the expenses of the joint maintenance. The
establishment of such maintenance fee shall not be subject to the
requirements of section fifteen of this article, but shall
constitute an agreement between the authority and its members
subject to the prior approval of the public service commission
pursuant to section twelve, article two, chapter twenty-four of
this Code.
§16-13D-10b. Extension of service to unserved areas.
The governing body and its participating members shall seek to
extend service to unserved areas not contained with the boundaries of nonparticipating utilities.
§16-13D-15. Rates and charges.
(a) An authority shall set its rates and charges for providing
either retail or wholesale service through the enactment of a rate
ordinance. Rate ordinances shall be enacted with the following
procedure:
(1) A proposed rate ordinance shall be read by title at not
less than two meetings of the governing body with at least one week
intervening between each meeting, unless a member of the governing
body demands that the ordinance be read in full at one or both
meetings. If such demand is made, the ordinance shall be read in
full as demanded.
(2) At least five days before the meeting at which a proposed
rate ordinance is to be finally adopted, the governing body shall
cause notice of the proposed adoption of said proposed rate
ordinance to be published as a Class I-0 legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for such publication is the
area of the participating entities of the authority. The notice
shall state the subject matter and general title or titles of such
proposed rate ordinance, the date, time and place of the proposed
final vote on adoption, and the place or places where the proposed
ordinance may be inspected by the public. A reasonable number of
copies of the proposed rate ordinance shall be kept at such place
or places and be made available for public inspection. Said notice
shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
(3) No rate ordinance shall become effective unless each
public agency participating with the authority either: (1)
certifies to the authority and the Public Service Commission that
the public agency has the ability within its current rates and
charges to pay for the rates anticipated to be charged as a result
of the enactment of the rate ordinance, or (2) has applied for and
obtained from the Public Service Commission sufficient rates and
charges to pay for the rates anticipated to be charged as a result
of the enactment of the rate ordinance.
(4) A proposed rate ordinance shall not be materially amended
at the same meeting at which finally adopted.
(5) In the agreement creating the authority the participating
members of the authority may specify other additional requirements
for the enactment of rate ordinances, or may prescribe a procedure
for the enactment of rate ordinances in greater detail than
prescribed in this section, but the participating members of the
authority do not have the power and authority to lessen or reduce
the requirements of this section.
(b) The governing body shall by appropriate resolution
ordinance make provisions for the payment of said bonds by fixing
rates, fees and charges, for the use of all services rendered by
such the authority, which rates, fees and charges shall be
sufficient to pay the costs of operation, improvement and
maintenance of the authority's water supply or wastewater
transportation and/or treatment system, to provide an adequate depreciation fund, provide an adequate sinking fund to retire said
bonds and pay interest thereon when due and to create reasonable
reserves for such purposes. Said The fees, rates or charges shall
be sufficient to allow for miscellaneous and emergency or
unforeseen expenses. The resolution ordinance of the governing
body authorizing the issuance of revenue bonds may include
agreements, covenants or restrictions deemed necessary or advisable
by the governing body to effect the efficient operation of the
system and to safeguard the interests of the holders of the revenue
bonds and to secure the payment of the bonds and the interest
thereon.
§16-13D-15a. Deposit required for new retail customers; lien for
delinquent service rates and charges; failure to cure
delinquency; payment from deposit; reconnecting deposit;
return of deposit; liens; civil actions; deferral of filing
fees and costs in magistrate court action; limitations with
respect to foreclosure.
(a)(1) Whenever any rates and charges for retail water
services or facilities furnished or retail wastewater services or
facilities furnished remain unpaid for a period of twenty days
after the same become due and payable, the property and the owner
thereof, as well as the user of the services and facilities
provided, shall be delinquent and the owner, user and property
shall be held liable at law until such time as all such rates and
charges are fully paid. When a payment has become delinquent, the authority may utilize any funds held as a security deposit to
satisfy the delinquent payment. All new applicants for service
shall indicate to the authority whether they are an owner or tenant
with respect to the service location.
(2) The authority may collect from all new retail customer
applicants for service a deposit of fifty dollars or two twelfths
of the average annual usage of the applicant's specific customer
class, whichever is greater, to secure the payment of water or
wastewater service rates, fees and charges in the event they become
delinquent as provided in this section. In any case where a deposit
is forfeited to pay service rates, fees and charges which were
delinquent and the user's service is disconnected or terminated, no
reconnection or reinstatement of service may be made by the
authority until another deposit equal to fifty dollars or a sum
equal to two twelfths of the average usage for the applicant's
specific customer class, whichever is greater, is remitted to the
authority. After twelve months of prompt payment history, the
authority shall return the deposit to the customer or credit the
customer's account with interest at a rate as the public service
commission may prescribe: Provided, That where the customer is a
tenant, the authority is not required to return the deposit until
the time the tenant discontinues service with the authority. The
authority may, under reasonable rules promulgated by the public
service commission, shut off and discontinue water or wastewater
services to a delinquent user of water or wastewater facilities ten
days after the water or wastewater services become delinquent regardless of whether the governing body utilizes the security
deposit to satisfy all or a portion of any delinquency.
(b) All rates or charges for water or wastewater service
whenever delinquent shall be liens of equal dignity, rank and
priority with the lien on such premises of state, county, school
and municipal taxes for the amount thereof upon the real property
served, and the authority shall have plenary power and authority
from time to time to enforce such lien in a civil action to recover
the money due for such services rendered plus court fees and costs
and a reasonable attorney's fee: Provided, That an owner of real
property may not be held liable for the delinquent rates or charges
for services or facilities of a tenant, nor shall any lien attach
to real property for the reason of delinquent rates or charges for
services or facilities of a tenant of such real property, unless
the owner has contracted directly with the authority to purchase
such services or facilities.
(c) Authorities are hereby granted a deferral of filing fees
or other fees and costs incidental to the bringing and maintenance
of an action in magistrate court for the collection of the
delinquent rates and charges. If the authority collects the
delinquent account, plus fees and costs, from its customer or other
responsible party, the authority shall pay to the magistrate court
the filing fees or other fees and costs which were previously
deferred.
(d) No authority may foreclose upon the premises served by it
for delinquent rates or charges for which a lien is authorized by this section except through the bringing and maintenance of a civil
action for such purpose brought in the circuit court of any county
wherein the authority serves. In every such action, the court shall
be required to make a finding based upon the evidence and facts
presented that the authority had exhausted all other remedies for
the collection of debts with respect to such delinquencies prior to
the bringing of such action. In no event shall foreclosure
procedures be instituted by any authority or on its behalf unless
such delinquency had been in existence or continued for a period of
two years from the date of the first such delinquency for which
foreclosure is being sought.
§16-13D-15b. Budget.
(a) The authority shall establish the beginning and ending of
its fiscal year, which period shall constitute its budget year, and
at least thirty days prior to the beginning of the first full
fiscal year after the creation of the authority and annually
thereafter.
(b) The general manager shall prepare and submit to the
authority a tentative budget which shall include all operation and
maintenance expenses, payments to a capital replacement account and
bond payment schedules for the ensuing fiscal year. The tentative
budget shall be considered by the authority , and, subject to any
revisions or amendments that may be determined by the board, shall
be adopted as the budget for the ensuing fiscal year. Upon adoption
of the budget, a copy of the budget shall be forwarded to the
public service commission. No expenditures for operation and maintenance expenses in excess of the budget shall be made during
such fiscal year unless unanimously authorized and directed by the
authority.
§16-13D-15c. Accounts; audit.
(a) The general manager, under direction of the authority,
shall install and maintain a proper system of accounts, in
accordance with all rules, regulations or orders pertaining thereto
by the public service commission, showing receipts from operation
and application of the same, and the authority shall at least once
a year cause such accounts to be properly audited: Provided, That
such audit may be any audit by an independent public accountant
completed within one year of the time required for the submission
of the report: Provided, however, That if the authority is required
to have its books, records and accounts audited annually by an
independent certified public accountant as a result of any covenant
in any authority resolution or bond instrument, a copy of such
audit may be submitted in satisfaction of the requirements of this
section, and is hereby found, declared and determined to be
sufficient to satisfy the requirements of article nine, chapter six
of this code pertaining to the annual audit report by the state tax
commission. A copy of the audit shall be forwarded within thirty
days of submission to the public service commission.
(b) The treasurer of the authority shall keep and preserve all
financial records of the authority for ten years, and shall at all
times have such records readily available for public inspection.
At the end of his term of office, the treasurer of each authority shall promptly deliver all financial records of the authority to
his successor in office. Any treasurer of an authority who
knowingly or willfully violates any provision of this section is
guilty of a misdemeanor, and shall be fined not less than one
hundred dollars nor more than five hundred dollars or imprisoned in
the county jail not more than ten days, or both.
§
16-13D-15d. Installation of Related Infrastructure Equipment.
(a)An authority or a public agency that has a representative
on the board of directors of the authority, in installing water
lines, wastewater lines or equipment for service, may in
conjunction with the lines or equipment also install, allow to be
installed, or provide for the installation of related
infrastructure equipment.
(b)An authority or public agency may charge for the use of
related infrastructure equipment and also may sell or provide for
the transfer of any related infrastructure equipment installed
pursuant to subsection (a) of this section to other entities.
(c)Any revenues collected pursuant to subsection (b) of this
section are deemed revenues of the authority or the public agency.
(d) For purposes of this section, "related infrastructure
equipment" means any infrastructure, transmission, or other
equipment for telephone, cable, electric, broadband, or related
services.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-3. General power of commission with respect to rates.
The commission
shall have power to may enforce, originate,
establish, change and promulgate tariffs, rates, joint rates, tolls
and schedules for all public utilities:
Provided, That the
commission may exercise such rate authority over municipal
utilities
or authorities as described in section two, article
thirteen-d, chapter sixteen of this code only under the
circumstances set forth in section four-b of this article. And
whenever the commission
shall, after hearing,
find finds any
existing rates, tolls, tariffs, joint rates or schedules unjust,
unreasonable, insufficient or unjustly discriminatory or otherwise
in violation of any of the provisions of this chapter, the
commission shall by an order fix reasonable rates, joint rates,
tariffs, tolls or schedules to be followed in the future in lieu of
those found to be unjust, unreasonable, insufficient or unjustly
discriminatory or otherwise in violation of any provisions of law,
and the
said the commission, in fixing the rate of any railroad
company, may fix a fair, reasonable and just rate to be charged on
any branch line thereof, independent of the rate charged on the
main line of
such the railroad.
In determining just and reasonable rates, the commission may
audit and investigate management practices and policies, or have
performed an audit and investigation of
such the practices and
policies, in order to determine whether the utility is operating with efficiency and is
utilizing using sound management practices.
The commission shall adopt rules
and regulations setting forth the
scope, frequency and application of such audits and investigations
to the various utilities subject to its jurisdiction. The
commission may include the cost of conducting the management audit
in the cost of service of the utility.
In determining just and reasonable rates, the commission shall
investigate and review transactions between utilities and
affiliates. The commission shall limit the total return of the
utility to a level which, when considered with the level of profit
or return the affiliate earns on transactions with the utility, is
just and reasonable.
§24-2-4b. Procedures for changing rates of electric and natural
gas cooperatives, local exchange services of
telephone cooperatives municipally operated public
utilities.
(a) The rates and charges of electric cooperatives, natural
gas cooperatives,
and municipally operated public utilities, except
for municipally operated commercial solid waste facilities as
defined in section two, article fifteen, chapter twenty-two of this
code,
and authorities as described in section two, article
thirteen-d, chapter sixteen of this code and the rates and charges
for local exchange services provided by telephone cooperatives are
not subject to the rate approval provisions of section four or
four-a of this article, but are subject to the limited rate provisions of this section.
(b) All rates and charges set by electric cooperatives,
natural gas cooperatives,
and municipally operated public utilities
and authorities as described in section two, article thirteen-d,
chapter sixteen of this code and all rates and charges for local
exchange services set by telephone cooperatives shall be just,
reasonable, applied without unjust discrimination or preference and
based primarily on the costs of providing these services. The
rates and charges shall be adopted by the electric, natural gas or
telephone cooperative's governing board and in the case of the
municipally operated public utility
or authority as described in
section two, article thirteen-d, chapter sixteen of this code by
municipal ordinance
or rate ordinance, as appropriate, to be
effective not sooner than forty-five days after adoption:
Provided, That notice of intent to effect a rate change shall be
specified on the monthly billing statement of the customers of the
utility for the month next preceding the month in which the rate
change is to become effective or the utility shall give its
customers, and in the case of a cooperative, its customers, members
and stockholders, other reasonable notices as will allow filing of
timely objections to the rate change. The rates and charges shall
be filed with the commission, together with any information showing
the basis of the rates and charges and other information as the
commission considers necessary. Any change in the rates and
charges with updated information shall be filed with the
commission. If a petition, as set out in subdivision (1), (2) or (3), subsection (c) of this section is received and the electric
cooperative, natural gas cooperative, telephone cooperative or
municipality,
or authority described in section two, article
thirteen-d, chapter sixteen of this code has failed to file with
the commission the rates and charges with information showing the
basis of rates and charges and other information as the commission
considers necessary, the suspension period limitation of one
hundred twenty days and the one hundred-day period limitation for
issuance of an order by a hearing examiner, as contained in
subsections (d) and (e) of this section, is tolled until the
necessary information is filed. The electric cooperative, natural
gas cooperative, telephone cooperative,
or municipality
or
authority as described in section two, article thirteen-d, chapter
sixteen of this code shall set the date when any new rate or charge
is to go into effect.
(c) The commission shall review and approve or modify the
rates upon the filing of a petition within thirty days of the
adoption of the ordinance or resolution changing the rates or
charges by:
(1) Any customer aggrieved by the changed rates or charges who
presents to the commission a petition signed by not less than
twenty-five percent of the customers served by the municipally
operated public utility
or authority as described in section two,
article thirteen-d, chapter sixteen of this code or twenty-five
percent of the membership of the electric, natural gas or telephone cooperative residing within the state;
(2) Any customer who is served by a municipally operated
public utility and who resides outside the corporate limits and who
is affected by the change in the rates or charges and who presents
to the commission a petition alleging discrimination between
customers within and without the municipal boundaries. The
petition shall be accompanied by evidence of discrimination;
or
(3) Any customer or group of customers who are affected by the
change in rates who reside within the municipal boundaries and who
present a petition to the commission alleging discrimination
between customer or group of customers and other customers of the
municipal utility. The petition shall be accompanied by evidence
of discrimination;
or
(4) Any retail customer or public agency subject to the rates
of an authority alleging discrimination between customers or groups
of customers and other customers of the authority or between public
agencies subject to the rates of the authority. The petition shall
be accompanied by evidence of discrimination.
(d)(1) The filing of a petition with the commission signed by
not less than twenty-five percent of the customers served by the
municipally operated public utility
or authority as described in
section two, article thirteen-d, chapter sixteen of this code or
twenty-five percent of the membership of the electric, natural gas
or telephone cooperative residing within the state under
subdivision (1), subsection (c) of this section shall suspend the adoption of the rate change contained in the ordinance or
resolution for a period of one hundred twenty days from the date
the rates or charges would otherwise go into effect or until an
order is issued as provided herein.
(2) Upon sufficient showing of discrimination by customers
outside the municipal boundaries or a customer or a group of
customers within the municipal boundaries under a petition filed
under subdivision (2) or (3), subsection (c) of this section,
or by
a retail customer or public agency subject to the rates of an
authority under a petition filed under subdivision (3) of
subsection (c) of this section, the commission shall suspend the
adoption of the rate change contained in the ordinance for a period
of one hundred twenty days from the date the rates or charges would
otherwise go into effect or until an order is issued as provided
herein.
(e) The commission shall forthwith appoint a hearing examiner
from its staff to review the grievances raised by the petitioners.
The hearing examiner shall conduct a public hearing and shall,
within one hundred days from the date the rates or charges would
otherwise go into effect, unless otherwise tolled as provided in
subsection (b) of this section, issue an order approving,
disapproving or modifying, in whole or in part, the rates or
charges imposed by the electric, natural gas or telephone
cooperative,
or by the municipally operated public utility pursuant
to this section,
or authority as described in section two, article thirteen-d, chapter sixteen of this code pursuant to this section.
(f) Upon receipt of a petition for review of the rates under
the provisions of subsection (c) of this section, the commission
may exercise the power granted to it under the provisions of
section three of this article. The commission may determine the
method by which the rates are reviewed and may grant and conduct a
de novo hearing on the matter if the customer, electric, natural
gas or telephone cooperative or municipality requests a hearing.
(g) The commission may, upon petition by a municipality,
authority as described in section two, article thirteen-d, chapter
sixteen of this code or electric, natural gas or telephone
cooperative, allow an interim or emergency rate to take effect,
subject to refund or future modification, if it is determined that
the interim or emergency rate is necessary to protect the
municipality,
authority or cooperative from financial hardship
attributable to the purchase of the utility commodity sold, or the
commission determines that a temporary or interim rate increase is
necessary for the utility to avoid financial distress. In such
cases, the commission may waive the forty-five day waiting period
provided
for in subsection (b) of this section and the one hundred
twenty-day suspension period provided
for in subsection (d) of this
section.
(h) Notwithstanding any other provision, the commission has no
authority or responsibility with regard to the regulation of rates,
income, services or contracts by municipally operated public utilities
or authorities as described in section two, article
thirteen-d, chapter sixteen of this code for services which are
transmitted and sold outside of the State of West Virginia.
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