Parties in Charleston water case reach settlement

CHARLESTON, W.Va. — West Virginia American Water Company has agreed to improve the way it monitors potential threats and communicates with the public in a settlement that could lead to an end of the investigation by the state Public Service Commission.

The water company drew heavy criticism in the wake of the 2014 water emergency in Charleston.  Although the cause of the spill was placed on Freedom Industries, many investigators and members of the public questioned the water company’s response, which ultimately led to the contaminated water getting into the Kanawha Valley Treatment plant and tainting the water supply for more than 300,000 West Virginia residents in a nine-county area.

A general investigation into the company’s response was launched by the Public Service Commission, but on Wednesday, that investigation took a different turn when the company entered into a settlement agreement with the other parties.

“I am satisfied, but it was a very difficult negotiation,” said Public Service Commission Consumer Advocate Jacqueline Roberts. “As the legal representative of residential customers, I want to make sure they are protected in the best way possible in the near term and in the long term operation of West Virginia American Water.”

The agreement called for the company to comply with several stipulations that include source water protection planning, contingency planning, communications with the public, and increased monitoring for contaminants.

New laws enacted in the wake of the 2014 incident have already created the framework for some of the requirements of the agreement.  West Virginia American has already created and filed a Source Water Protection Plan with the West Virginia Department of Health and Human Resources’ Bureau for Public Health.  The agreement calls for the plan to be updated periodically as required by the existing law, but the next update must be finalized by July 1, 2019. The public will have an active part in the updating of the plan.

The joint stipulation agreement reached Wednesday called for a contingency plan which documents how the company would respond to future contamination incidents.  The plan must be in compliance with all federal standards and must be practiced in tabletop exercises regularly with results provided to the PSC and the Bureau of Public Health.

The agreement specified, in the area of communications, the company will maintain an incident/event responding system compliant with the Bureau of Public Health requirements.  There are also specified levels of response communication that depend on the severity of the incident.

“The Company will employ one or more of the following communication methods. CodeRED emergency notification system (Phone, email, text) or a similar system, local media (press release, press conferences, updates), county emergency alert system where available, website and social media, door-to-door/door hangars and/or publicly posted notices.”

The communication plan also calls for notifying a designee with any governmental agency affected including the city of Charleston, Kanawha County Commission, PSC, Consumer Advocate, the Governor’s Office, Kanawha County Emergency Management and Putnam-Kanawha Local Emergency Management Committees along with the West Virginia House of Delegates and Senate.

To improve the monitoring of potential contaminants, West Virginia American agreed to install and maintain monitoring systems that meet technical capabilities specified by state code and widen the category of contaminants they can detect.  The agreement acknowledged the company already maintains a monitoring system for water quality, but the stipulations would enhance the ability to detect contamination. An independent group would also be allowed to review the monitoring system and sampling.

Upstream, the agreement also specified West Virginia American would prepare a pilot study and install upstream monitors on the Elk River.  The monitors would be placed at locations 60 minutes and 30 minutes above the intake at average river flow.  The pilot study would last three years from the date equipment is installed.

The company will also be required to make the monitoring data available in a public version for public inspection and comment.

Two other glaring problems noted from the 2014 spill were the company’s lack of adequate water storage and lack of a secondary water source. The agreement addressed both issues.  Under it, West Virginia American can request cost recovery to build two water tanks at Amandaville to provide an additional eight million gallons of storage for its west relay.  The move would increase the storage capacity by 50 percent.

The parties also agreed to perform a study on ways to enhance resiliency of the Kanawha Valley Water System. The study will include a secondary intake on the Kanawha River for the Kanawha Valley Water Treatment Plant, additional storage capacity, and other available alternatives to fulfill needs in the event of another emergency.  The agreement also calls for increasing the level of water stored at the company’s Vandalia tank to 80 percent when warranted in cold weather periods.

“We have now upstream testing from the single intake.  We have the company’s commitment to evaluate resiliency enhancements for the system which we expect will include a second intake,” said Roberts. “However, only you the commission can approve a second intake.  But we have endeavored to insure all the steps will be taken to give you the information you need to make that determination.”

“I think the Commission will find in the evidence that’s been presented, the company has and continues to provide water that meets all regulatory requirements,” said Attorney Chris Callas representing West Virginia American water. “It’s perfectly acceptable for use in every way.”

Callas acknowledged the negotiations to reach the terms were complicated and difficult, but the agreement achieves the goals of all involved.

“There’s no question, the parties positions going in diverts dramatically,” he told the PSC. “Over time, and it has been essentially over a month we have been working toward this outcome, each of the parties gave a lot to get to a stipulated outcome.”

West Virginia American, the Public Service Commission, the Consumer Advocate, and counsel for business intervenors all signed off on the agreement.  However, the grass roots public interest group Advocates for a Safe Water System did not sign the agreement, but also did not oppose any of the terms.

“Frankly we wanted our day in court,” said Karan Ireland, a member of Advocates for a Safe Water System and a Charleston City Council member. “We wanted to learn those lessons, make sure the public was able to learn the lessons that the water company should have learned and also we’re interested in remedies to the water problem.”

“We believe the remedies in the stipulation are well aimed at SOME of the causes of the water crises in 2014 and they will improve the safety of the water system in significant ways,” said Paul Sheridan, Legal Counsel for Advocates for a Safe Water System in his statement to the commission. “One of the key reasons to do a general investigation is to make sure all of the important lessons are learned in the process. We believe that is one of the shortcomings of the stipulation.  It does not address the broader lessons that need to be learned.”

However, when pressed by Commissioner Kara Williams, Sheridan did not oppose the stipulation agreement nor did he oppose the commission accepting the agreement.





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