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PSC has questions in water crisis related probe

CHARLESTON, W.Va. — The state Public Service Commission issued an order late Thursday filled with several questions about how a new state law might impact its general investigation into West Virginia American Water Company’s response to the January 2014 chemical spill/water emergency.

The commission ordered a Jan. 22 status hearing where it wants to hear from all parties in the case. Its Thursday order told the parties to be ready to answer several questions in connection with Senate Bill 373 passed by state lawmakers and signed into law by Gov. Earl Ray Tomblin last year.

The new law requires all above ground storage tanks in the areas of critical concern to be registered with the state DEP and be subject to annual inspections. It also requires WVAWC to install an early monitoring system at the Elk River plant and requires source water protection plans for all water utilities in case of an emergency.

MORE read latest PSC order on water case probe here

The PSC order said how that new law intersects with its powers to investigate the water company is now in question.

“It has now become apparent that in order for this case to progress in an orderly and meaningful manner, that issue must be resolved, because of its potential impact upon the scope of this proceeding,” the order said.

The PSC decided to launch a general investigation into how the water company responded to the spill of the chemical MCHM at the Freedom Industries tank farm just up the Elk River from the company’s Kanawha Valley plant. The chemical spill caused a water emergency that resulted in a Do Not Use order for approximately 300,000 residents in parts of nine counties.

It’s been alleged by the state Consumer Advocate, PSC staff and citizen groups that WVAWC had no plans in place for such an emergency even though it knew about the Freedom tank farm. The water company has attempted to narrow the information it has to release to the PSC.

The parties involved have to file answers in the following areas by Jan. 19, three days before the scheduled status hearing.

(i) Specific areas of overlap between witness testimony and S.B. 373, including
in particular the required source water protection plan;

(ii) Any areas addressed in witness testimony, including without limitation
recommended future practices, that do

(iii) The legal implications of S.B. 373 upon the Commission’s ability to take
action pursuant to W.Va. Code 524-2-7; and

(iv) The impact of S.B. 373 on the scope and timing of this proceeding.

The general investigation case stalled for most of last year before the PSC because there were only two commissioners and PSC Chairman Mike Albert had recused himself from the case. The PSC is now at a full three members after the governor appointed Kara Cunningham Williams to an open seat. Williams and PSC member Brooks McCabe are considering the water case.





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