Possible settlement in probe of how WV American Water handled 2014 water emergency

CHARLESTON, W.Va. — The state Public Service Commission will reconvene Wednesday morning in hopes of hearing details of a proposed settlement between West Virginia American Water Company and the parties concerned about how the utility responded in the hours and days after the 2014 chemical spill on the Elk River in Charleston.

A three-day PSC evidentiary hearing in connection with the commission’s general investigation was scheduled to begin Tuesday morning in Charleston but PSC member Kara Williams said a settlement appeared near.

Attorneys representing various groups were involved in Tuesday’s settlement talks.

“The parties have been engaging in settlement talks and we’ve been advised that the parties believe they’ve made sufficient progress that they would like to have some additional time this morning to see if those can be completed,” Williams said.

Williams and fellow commissioner Brooks McCabe received several updates on the negotiations during the day before deciding to reconvene at 9:10 a.m. Wednesday.

State Consumer Advocate Jackie Roberts reported progress Tuesday evening but also asked the PSC for more time.

“We’ve been struggling with some very technical issues. There’s some conceptual issues but there are also some technical issues that have been very difficult,” Roberts said. “We have made substantial progress in that area….I think we are getting closer and we need to continue this process.”

The parties involved in the settlement negotiation include West Virginia American Water, the PSC staff, the state Consumer Advocate, business interests and the group Advocates for a Safe Water System.

The January 2014 spill of the chemical MCHM from the Freedom Industries tank farm less than a mile up the Elk River from the WVAWC water plant in Charleston caused a water emergency for approximately 300,000 residents in parts of nine counties. The water company has maintained the PSC investigation should not focus on its actions before the spill.





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