PHYLLIS HAYNES EDENS, CCR, INC.

BEFORE THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
CASE NO. 98-1521-W-PC
JEFFERSON UTILITIES, INC., ET AL.
Petition for consent and approval to the
purchase and sale of utility assets.
VOLUME 111
Transcript of proceedings had and
,
testimony adduced at a hearing held, pprsuant to notice, on
the 14th day of April, 1999 beginning at 2:OO p.m. and
concluding at 3:40 p.m. in the Howard M. Cunningham Hearing
Room, 201 Brooks Street, Charleston, Kanawha County, West
Virginia before Philip S. Dye, Certified Court Reporter and
Notary Public.
BEFORE :
CHARLOTTE LANE, CHAIRMAN
RICHARD FRUM, COMMISSIONER
OTIS CASTO, COMMISSIONER
PHYLLIS HAYNES EDENS, CCR, I N C .
C E R T I F I E D COURT REPORTERS
Post O f f i c e Box 13337
C h a r l e s t o n , W e s t V i r g i n i a 25360
(304) 984-3531 WV (800) 248-3531
t
f
2
I
APPEARANCES :
ON BEHALF OF THE PETITIONERS:
E. DANDRIDGE McDONALD, Attorney at Law
1201 United Center
P . O . Box 2189
Charleston, West Virginia 25238-2189
ON BEHALF OF THE INTERVENOR; JEFFERSON
COUNTY PUBLIC SERVICE DISTRICT:
ROBERT R. RODECKER, Attorney at Law
1210 Bank One Center
P.O. Box 3713
Charleston, West Virginia 25337
ON BEHALF OF COMMISSION STAFF:
JAMES V. KELSH, Attorney at Law
Public Service Commission
P.O. Box 812
Charleston, West Virginia 25323
3
I N D E X
WITNESS
DIR
David Dove
4
CROSS
REDIR
RECROSS
EXAM
8
19
20
17
36
31/35
William Nelson
22
26/29
Lee Snyder
38
43
47
EXHIBIT
RECEIVED
Staff Number One
5
8
Staff Number Two
6
8
Staff Number Three
24
54
Staff Number Four
24
54
Jefferson Campsites Twenty-two
Pre-marked
43
Jefferson Campsites Twenty-two-A Pre-marked
43
Jefferson Campsites Twenty-three Pre-marked
43
Jefferson Campsites Twenty-three-A Pre-mrkd
43
Jefferson Campsites Cross Exam Two Pre-mrkd
43
Proceedings
1
4
CHAIRMAN LANE:
Good afternoon.
This is the
2
third day for the continuation of Case Number 98-1521-W-PC;
3
Jefferson Utilities, Inc. Are the parties re dy to
4
continue?
5
MR. McDONALD:
The Applicant is ready to
6 proceed, Your Honor.
7
CHAIRMAN LANE:
Thank you.
8
MR. KELSH:
Staff will introduce its
9 witnesses.
Our first witness is Staff Engineer David Dove.
10
THEREUPON
11
D A V I D
D O V E ,
12 having first been duly sworn by the Chairman, testified as
13
follows :
14
DIRECT EXAMINATION
15
BY MR. KELSH:
16
Q
Could you state your name for the record?
17
A
My name is David W. Dove.
18
Q
Where are you employed?
19
A
At the West Virginia Public Service
21
Q
How long have you been so employed?
22
A
Almost two years.
23
Q
And you're a Licensed Professional
20
Commission.
5
1 Engineer?
2
A
Yes, I am.
3
Q
Did you prepare the direct testimony filed
4
on April 1st in this case?
5
A
Yes, I did.
6
Q
Let me hand you a copy of that document.
7
CHAIRMAN LANE:
8
the microphone?
9
10
Mr. Dove, can you speak into
MR. KELSH:
I'd like to have this marked
as Staff Exhibit Number One.
11
CHAIRMAN LANE:
It may be so marked.
12
(WHEREUPON the document referred to
13
was duly marked for identification
14
as Staff Exhibit Number One.)
15
MR. McDONALD:
Is this different?
16
MR. KELSH:
No.
17
BY MR. KELSH:
18
Q
Mr. Dove, if I were to ask you the same
19
questions that are contained in this pre-filed testimony,
20
would you answers be the same?
21
A
Yes.
22
Q
Do you adopt this as your testimony in
23
this case?
6
A
Yes, I do.
Q
Next I'm going to hand you a pre-filed
rebuttal testimony which was filed in this case.
Did you
prepare the pre-filed rebuttal testimony?
A
Yes, I did.
MR. KELSH:
I'd like to have this marked
as Staff Exhibit Number Two.
8
CHAIRMAN LANE:
9
It may be so marked.
(WHEREUPON the document referred to
10
was duly marked for identification
11
as Staff Exhibit Number Two.)
12
BY MR. KELSH:
13
Q
Except for question number 21, if I were
14
to ask you these same questions today would your answers be
15
the same?
16
A
Yes, they would.
17
Q
Let me read to you question number 21.
18
In
your direct testimony, you stated that JUI, Jefferson
19 Utilities, Inc., had not furnished you with sufficient
20
information for you to make a recommendation regarding their
21 proposal to acquire and repair the water system of the
22
Campsites Homeowners' Association, Campsites. After
23
considering the direct testimony filed by Jefferson
7
Jtilities, is that still the case?
A
I have reviewed what they have submitted
iere during the hearing, and my response would still be the
same, that we have not received enough information to fully
5
6
7
Svaluate the proposal.
Q
Okay.
You've been present in the hearing
the last two days?
8
A
Yes, I have.
9
Q
At this juncture of the proceedings, given
10
that we're not -- we don't have a certificate application
11
3efore us, is the proposal put forth by Jefferson Utilities
12
sufficient for you to recommend approval of their petition
13
in this case?
14
A
I could not recommend approval at this
15
time just because the lack of information that has been
16
submitted to determine that.
17
expenses, as far as conceptually, the idea seems to be
18
technically feasible.
19
20
MR. McDONALD:
The cost estimates, the 0
Excuse me.
&
M
Could I have that
answer read back?
21
CHAIRMAN LANE:
The question and the answer?
22
MR. McDONALD:
No, just the answer.
23
(WHEREUPON the answer was read back
8
1
to the Court.)
2
BY MR. KELSH:
3
Q
Mr. Dove, in your work do you regulate
4
publicly owned utilities, privately held private utilities
5
and publicly traded private utilities?
6
A
Yes, I do.
7
Q
Which type of utility do you see the
8
9
10
11
greatest problems with reliability and quality of service?
A
Typically we see most of the problems with
small private utilities.
MR. KELSH:
Thank you.
I'd l i k e to move
12
Staff Exhibit Numbers One and Two into evidence and I tender
13
the witness for cross examination.
14
CHAIRMAN LANE:
The Exhibits, Staff Exhibit
15 One and Two may be admitted into the record.
16
(WHEREUPON Staff Exhibit Numbers One
17
and Two were duly received in
18
evidence.)
19
CHAIRMAN LANE:
20
CROSS EXAMINATION
21
BY MR. McDONALD:
22
Q
23
Mr. McDonald.
Thank you, Your Honor.
afternoon. My name is Dan McDonald.
Mr. Dove, good
9
1
A
Nice to meet you.
2
Q
You stated in your testimony that you
3
evaluated the application in this case against the test in
4 West Vircrinia Code 24-2-12, is that correct?
5
A
Yes.
6
(1
You understand, this is a petition for the
7
acquisition of utility assets?
8
A
Yes, I believe it is.
9
Q
I believe you concluded in your prepared
10
testimony that you did not have enough information to form
11
an opinion, but that in today's testimony you say you do
12
have enough information to form an opinion?
13
A
No, I could not form a conclusive opinion.
14
Q
Let me ask you this.
15
the -- have you read the purchase and sale agreement?
16
17
18
19
Do you believe that
A
I have read it briefly, yes.
I reviewed
Q
Do you believe that the terms and
it briefly.
conditions of the transaction are reasonable?
20
A
Yes, I believe they are.
21
Q
Do you believe that either party to that
22
23
contract is given an undue advantage over the other?
A
It did not appear to be, no.
10
Q
1
2
Do you believe that the transaction will
not adversely affect the public in West Virginia?
3
A
I'm not sure, could you state that again?
4
Q
Yes.
The statutory language is that the
5 Commission may grant its consent to a transaction such as
6
this upon a proper showing that the terms and conditions are
7
reasonable.
8
That neither party thereto is given an undue advantage over
9
the other, and I believe you said that you thought that part
And you've said you believe they're reasonable.
10 of the test was met, and the third part of the test is, and
11
do not adversely affect the public in this State.
12
question to you is, is there any part of this contract
My
13 which, in your judgement, adversely affects the public in
14
this State?
15
A
I would not think that it adversely
16
affects the people who are going to be directly connected to
17
the system.
18
there's a potential to pick up new customers and future
19
customers, how this proposal will address that.
I'm not sure about future customers.
Q
20
If
So when you say you cannot recommend
21
approval at this time, is it because you believe that this
22
transaction may adversely affect the public in this State
23
somehow?
11
1
A
I believe it has the -- well, one, since
2
we haven't had the opportunity to fully review all the plans
3
and specifications and the engineering design calculations,
4
I believe that the potential exists that some customers that
5 may be served by another proposal that might not be served
6 by this proposal could adversely be affected in the sense
7
that they may not receive water.
Q
8
9
Let me be very clear.
Do you reach the
conclusion that the public may be adversely affected by this
10 transaction by comparing this proposed transaction, the
11
acquisition of the assets of one utility, with the Jefferson
12 County Public Service District's Blue Ridge Project?
13
14
A
I would say that would be a fair
statement, yes.
Q
15
In fact, you have compared Mr. Snyder's
16 plans to improve the water systems at Campsites with the
17
Intervenor's plans to rebuild the water systems within
18
Campsites?
19
A
Yes, sir.
20
(1
Isn't that true?
21
A
Yes.
22
Q
Now let me just ask you whether, in
23
comparison with the existing situation, you believe that the
12
1 transaction, both the acquisition of the assets by Mr.
2
Snyder and his plans to make improvements, offer a better
3
solution to the customers at Campsites than they have now?
4
5
A
Yes, I'd say, than what they have now, I
would agree, yes.
6
(1
You stated that you couldn't recommend
7
approval at this time just because there were incomplete
8
cost estimates, or you mentioned cost estimates and 0
&
M
9 expenses. When you say cost estimates, do you mean capital
10
cost estimates of Mr. Snyder's Mountain Project?
11
i
A
Yes.
In my review of the project, of
12
course, we didn't receive a lot of the information until the
13
hearing, what I typically looked at was the cost of
14
implementing these projects in addition to 0
&
M costs that
15 will be incurred later on if these systems are constructed.
16 We did not have sufficient information to evaluate the 0
&
M
17
costs.
18
costs off similar operations, so from that, we have no basis
19
on which to evaluate.
I believe Mr. Snyder stated that he based his 0
Q
20
&
M
Did you evaluate -- did you l o o k at Mr.
21
Snyder's rebuttal testimony and Exhibits that were attached
22
to it?
23
A
Yes.
13
Q
You saw a proposed budget for improvements
to the three areas that were attached to that testimony, did
you not?
A
Yes.
Q
In what respect did you find those cost
estimates incomplete?
A
Well, as far as -- I think he had
8
something like $173,000.00 estimated 0
9
just a number.
Q
10
&
M costs.
That was
There was no basis for that given.
Let me tell you what I'm trying to do
11
here.
12
separately, and right now I'm looking at capital costs.
13
capital costs on Exhibit Two attached to his rebuttal
14
testimony.
15
costs incomplete or satisfactorily complete for your
I'm trying to look at capital costs and 0
&
M costs
The
Did you find that recitation of proposed capital
16 purposes?
17
May I see it again?
18
(WHEREUPON the witness was provided
19
the Exhibit.)
20
THE WITNESS:
21
BY MR. McDONALD:
22
Q
23
7
A
They appear to be adequate.
Okay, the capital costs appear to be
adequate and satisfactorily complete?
14
1
2
extensive review of his estimates, but they appear to be
3
within reason.
Q
4
5
,
Yes, without a further review. An
A
estimates.
Now he also presented some 0
&
M cost
Did you get copies of those?
6
A
Yes, I believe I did.
7
Q
I hand you Jefferson Exhibits Seventeen
8
and Eighteen.
9
incomplete?
Is it those Exhibits that you feel are
10
A
Yes, that ' s correct.
11
Q
And in what respect do you find them
A
Well, Exhibit Number Seventeen, under
12
incomplete?
13
14
annual cost and profit, the annual 0
15
at $73,920.00.
16
that number.
17 point.
18
&
M cost is estimated
There's -- I'm not sure how he generated
In other words, this is just a number at this
I have no basis of how he came up with that number.
It may be an accurate number, but I couldn't testify that it
19 was or wasn't.
20
Q
Did Staff ask him that question when he
21 was on the stand?
22
23
A
Yes, I believe the question was, and his
response was that he based it off the operation of his other
15
1
systems.
Q
2
3
And you believe that's an incomplete
response for the purposes of your analysis?
4
I would not say it's an incomplete
A
5
response.
6
accurate estimate without seeing some of the costs behind
7
that estimate.
I would be unable to say that that was an
8
Q
Would you say it's an inaccurate estimate?
9
A
No, I would not.
10
Q
Is the 0
&
M cost estimate of Jefferson
11
Utilities more or less adequate than the 0
12
estimates of the Jefferson County PSD for its Blue Ridge
13
Project?
&
M cost
14
A
I'd say they were just as adequate.
15
Q
So would you say that the capital cost
16
estimates of Mr. Snyder are just as adequate as the capital
17
cost estimates of the Blue Ridge Project prepared by Mr.
18 Smith?
19
1
A
Yes, I'd say they were.
Q
I was looking to see if you had made a
21
recommendation on the Blue Ridge Project.
22
whether you made a recommendation on the Blue Ridge Project
23
in your testimony?
Do you recall
16
1
2
A
technically feasible.
3
Q
The same as Mr. Snyder' proposal?
4
A
Yes, I believe so.
5
Both proposals would
have to meet Health Department approval.
6
(1
Certainly.
7
A
So there may be some adjustment for line
Q
Certainly. And they both have to get a
8
sizes.
9
10
i
I believe I stated that it appeared to be
certificate from this Commission?
11
A
Exactly.
12
Q
They have to get rates from this
14
A
Yes.
15
MR. McDONALD :
I believe that's all.
17
CHAIRMAN LANE:
Mr. Rodecker.
18
MR. RODECKER:
No questions, Your Honor.
19
CHAIRMAN LANE:
Commissioner Casto?
20
COMMISSIONER CASTO:
21
CHAIRMAN LANE:
22
COMMISSIONER FRUM:
13
16
23
Commission.
Thank
you.
No.
Commissioner Frum?
EXAMINATION
No.
17
1
BY CHAIRMAN LANE:
2
Q
Mr. Dove, I'm a little confused.
This is
3
a proceec ing that was filed by Jefferson Utilities for a
4
transfer of assets and that proposal was to have been
5
evaluated by Staff. And then of course, we had the
6 intervention by Jefferson District for an alternative
7 proposal to serve the whole area. But that's a different
8
issue.
9
What is the Staff position on
10 whether or not this is a transfer of assets that you would
11
I
12
recommend or not recommend to the Commission?
A
My position is that we feel, or I feel,
13
after having talked with several of the Staff members, that
14
Mr. Snyder has a very good reputation and is possibly
15
capable of doing some things in a less affordable -- or less
16
expensive way than, perhaps, the District, however, my
17
concern is that in order to serve the larger community, his
18
?roposal may not do that.
19
sssets goes, I think he's qualified to do that.
20
Q
As far as the transfer of the
So is it your testimony, based upon the
21
question of whether or not the proposed transfer of assets
22
neets 24-2-12 criteria, that it's the Staff recommendation
:hat this transaction does meet the requirements set forth
18
1
in the Code?
2
A
I believe that to be correct, yes.
3
(1
And that the public interest to be serve
4
by this transfer of assets from Campsites to Jefferson
5
Utilities?
6
A
Well, the definition is in public, and as
7
far as the number of people that will be served, certainly
8
the immediate 385 customers would be served. As far as the
9
903 customers, I'm not sure that they would be.
10
(1
But the existing customers on the system,
11
and I'm talking about just the Campsites system, it's your
12
testimony that those customers, this is in their interests
13
for the transfer?
14
15
A
with that.
Well, there's still some questions that go
Obviously, since Mr. Snyder's Jefferson
16 Utilities is a private utility, there is some long-term
17
viability that is questionable compared to this other
18
District.
I feel that the residents of Campsites would
19 probably benefit from this more quickly, but I'm not sure
20
21
about the long-term effects.
Q
So is it your recommendation that the
22
Commission approve the transfer or is it your recommendation
23
that the Commission not approve the transfer of assets?
19
1
2
A
At this time I would recommend that it not
be approved.
3
CHAIRMAN LANE:
Okay, I don't have any other
5
MR. McDONALD:
May I inquire?
6
CHAIRMAN LANE:
You certainly may.
7
MR. KELSH:
May I go first?
8
MR. McDONALD:
Sure.
4
questions.
9
REDIRECT EXAMINATION
10
BY MR. KELSH:
11
(2
Mr. Dove, in evaluating the public
12
interest in this case, do you think the Commission should
13
limit its focus to the existing customers of Campsites or
14
should it consider the other people, residents in the area
15 who could be served by this project or another project?
16
17
A
Well, I think the Commission should
evaluate the good of all of the people, not just
18 particularly Campsites, but all the communities, including
19 possibly Shannondale and some of the other outlying
20
21
22
23
communities.
MR. KELSH:
Thank you.
RECROSS EXAMINATION
BY MR. McDONALD:
That's all I have.
20
Q
1
Mr. Dove, I hate to catch you in the
2
middle here, but when I took you through the statutory tests
3
for approval, I thought you agreed with me that all the
4
elements under Section 24-2-12 had been met, is that
5
correct?
6
MR. RODECKER:
I object to that.
Mr.
7
McDonald has characterized them as all of the statutory
8
requirements, but this witness is neither an attorney nor
9 does he speak for the Commission as to whether all of the
I
10
statutory requirements have been met.
11
question, obviously, with regard to what he did answer, but
12
as to whether this application has met the requirements of
13
24-2-12 or not is another issue.
14
MR. McDONALD:
He can answer the
Let me change the f o c u s here.
15
Obviously, this is the key issue when the Commission
16
considers this case, what the public interest would be.
17
BY MR. McDONALD:
18
Q
19
Mr. Dove, the portion of the Code having
to do with certificates o f public convenience and necessity
20 provide that no utility can make improvements other than
21
normal extensions in the ordinary course o f business unless
22
and until they get a certificate of public convenience from
23
the Public Service Commission which requires such
21
1
construction.
2
Commission can issue the certificate or refuse to issue the
3
certificate or issue the certificate in part and refuse to
The statute goes on to say that the
issue the certificate in part.
5
Now you review regularly, do
you not, whether the Commission should issue certificates
6 where there are applications for certificates?
7
A
Yes, I do.
8
Q
And you make recommendations about whether
9
10
I
a particular project is in the public interest and should be
certificated or not, do you not?
11
A
Yes, I do.
12
Q
Now this is not a certificate case, is it?
13
A
No sir, but I would say that some of the
14
same criteria that we review for a certificate case, I have
15 used to evaluate the two proposals.
16
8
Yes.
17
A
Because I realized that in the end of
18
this, that whichever proposal is accepted would have to come
19
in for a certificate.
Q
20
Sure.
Sure.
And even if Mr. Snyder were
21
to acquire the assets of Campsites, the District could still
22
apply for a certificate for its Blue Ridge Project, couldn't
23
it?
22
1
2
A
I'm not sure how that would affect their
proposal, since that's part of their Blue Ridge Project.
3
Q
They can apply for a certificate?
4
A
Sure.
5
Q
Likewise, if Jefferson owned the assets of
6
Yeah.
Campsites, it could apply for a certificate, could it n o t ?
7
A
Sure.
8
Q
And the Commission could refuse to issue
9 that certificate if they chose, in its discretion, could
10
I
they not?
11
A
12
MR. McDONALD:
Thank you, Your Honor.
13
CHAIRMAN LANE
Any r direct?
14
MR. KELSH:
No redirect.
15
CHAIRMAN LANE:
You may be excused.
MR. KELSH:
Staff would next call William
16
Yes.
Thank
you.
17
18 Nelson.
19
THEREUPON
20
W I L L I A M
N E L S O N ,
21
having first been duly sworn by the Chairman, testified as
22
follows:
23
DIRECT EXAMINATION
23
1
BY MR. KELSH:
2
Q
Would you state your name for the record?
3
A
William A. Nelson.
4
Q
Where are you employed?
5
A
At the West Virginia Public Service
7
Q
How long have you been so employed?
8
A
Nine-and-a-half years.
9
Q
In the course of your duties at the
6 Commission.
10
Commission did you prepare the pre-filed direct testimony
11
that was filed on April l?
12
A
Yes.
13
Q
If I were to ask you the same questions
14
that are contained therein today would your responses be the
15
same?
16
A
Yes.
17
Q
I'd like to have this marked as Staff
18 Exhibit Number One.
19
REPORTER:
Number Three, sir?
20
CHAIRMAN LANE:
Number Three.
21
MR. KELSH:
I'm sorry, Number Three.
22
CHAIRMAN LANE:
It may be so marked.
23
(WHEREUPON the document referred to
24
1
was duly marked for identification
2
as Staff Exhibit Number Three.)
3
BY MR. KELSH:
4
Q
5
You also prepared the rebuttal testimony
which was submitted on April 8th?
6
A
Yes.
7
Q
If I were to ask you the same questions
8
today, would your responses be the same?
9
A
Yes.
10
(1
Do you adopt these two documents as your
11
direct testimony in this case?
12
A
13
MR. KELSH:
14
15
Yes, I do.
I'd like to have this marked
as Staff Exhibit Number Four.
CHAIRMAN LANE:
It may be so marked.
16
(WHEREUPON the document referred to
17
was duly marked for identification
18
as Staff Exhibit Number Four.)
19
BY MR. KELSH:
20
Q
Do you believe the terms of the agreement
21 between Jefferson Utilities and Campsites are reasonable?
22
A
Yes, I do.
23
(1
And do you believe either party to that
25
1
agreement had an undue advantage over the other party?
2
A
No, I do not.
3
Q
Will you agree with me that this case
4
focuses on whether approval of that agreement is in the
5 public interest or not?
6
A
That's correct.
7
Q
Evaluating the District's -- I'm sorry,
8
Jefferson Utilities' petition standing alone, do you believe
9
that petition is in the public interest?
10
A
Yes.
11
Q
Do you believe that the Commission should
12
also consider the effect of that petition upon the proposal
13
of the Jefferson County Public Service District and its Blue
14 Ridge Pro] ect?
15
16
A
Well, with the intervention of the
District in this case, I'm assuming yes.
17
Q
18
current water operations?
19
A
Actually, no.
20
Q
Okay.
21
22
23
Are you familiar with the District's
Do you know how many current water
customers they have?
A
approximately 110.
I think I've heard here in the hearing
26
1
Q
Do you believe if the District were
2
obligated to pay Pentree $152,000.00, do you believe those
3
customers would have difficulty absorbing that expense?
4
A
I'm sure it would require a rate increase;
5 as to the magnitude, I cannot be specific on that, but yes,
6
they would have to bear that cost.
7
MR. KELSH:
8
direct questions I have.
Thank you.
That's all the
I tender the witness for cross
9 examination.
10
CHAIRMAN LANE:
11
Mr. McDonald?
CROSS EXAMINATION
12
BY MR. McDONALD:
13
Q
14
you this question or not.
15
Jefferson Utilities project, standing alone, will adversely
16
affect the public in West Virginia and I believe your answer
I don't remember whether Mr. K Ish
ked
He did ask you whether the
17 was, no, it would not?
18
A
That's correct.
19
(1
Then I believe he asked you that if you
20
compared Jefferson's project with Jefferson County PSD's
21
project, what then, and you said the Commission should
22
compare both proposals, was that your response?
23
A
I believe I stated, with the situation in
27
1
this case, with the intervention by the District, I'm
2
assuming that that has to be addressed.
3
(1
Have you made that analysis, then?
4
Do you believe that the approval of this transaction in this
5
case will adversely affect the public in West Virginia when
6
the Commission also has been advised that Jefferson County
7
PSD is planning another project?
8
9
,
Okay.
A
I guess I can't say specifically what the
-- I mean, like I say, as Jefferson Utilities' proposal
10
goes, it does not adversely affect, and it appears as though
11
if the District were to receive the project or do the
12 project as they propose, I don't believe it would adversely
13
affect the customers, either.
14
(1
There are assumptions associated with both
15 projects, are there not?
16
A
That ' s correct, yes.
17
Q
Construction rates and so on?
18
A
My main concern at this point is the
19
funding, I believe, as far as rate impact and that sort of
20
thing.
21
Q
Do you have an opinion on whether the
22
issue of which improvement project is better should be made
23
in an asset transfer case or a certificate of convenience
28
1
and necessity case?
2
MR. KELSH:
3
calls for a legal conclusion.
4
attorney.
5
CHAIEMAN LANE:
6
BY MR. McDONALD:
7
Q
Objection, Your Honor, that
The witness is not an
Objection sustained.
Have you made any inquiry, Mr. Nelson,
8
into where the proposed customers of the Blue Ridge Project
9
outside Keyes Ferry Acres, Campsites and West Ridge Hills
10 will come from?
11
MR. RODECKER:
Objection, Your Honor.
12
There's no indication this accounting witness has done any
13
kind of investigation into source of customers or why he
14
would have any reason to do that.
15
16
19
That's the question, Your
CHAIRMAN LANE:
The witness may answer the
THE WITNESS:
Sir, just what I've heard in
Honor.
17
18
MR. McDONALD:
question.
20
the hearings in the last two days as far as there is, sir,
21
that's the first I've known about it.
22
analysis any further than that.
23
BY MR. McDONALD:
I haven't done any
29
Q
On page six of your direct testimony, you
testified in response to question 17 that the Blue Ridge
Project appeared to you to have a greater capability to add
customers located outside of the three neighborhoods, do you
5
see that?
6
A
Yes.
7
Q
Why do you think that statement, Mr.
A
Well at the time Staff was just presented
8
9
Nelson?
10 with the proposed number of customers to be served by that
11 project, being approximately 903 customers.
12
Q
So your answer is based on the
13
representation that the Blue Ridge Project would serve 900-
14
odd customers?
15
A
Yes.
16
Q
All right.
You heard Mr. Snyder testify
17
that he intended to extend service under the Commission's
18
Rules if required -- if requested to do so, did you not?
19
A
20
MR. McDONALD:
Thank you, Your Honor.
21
CHAIRMAN LANE:
Mr. Rodecker?
22
23
I believe so, yes.
CROSS EXAMINATION
BY MR. RODECKER:
30
1
Q
Good afternoon, Mr. Nelson.
2
A
Good afternoon.
3
Q
Mr. Nelson, in response to a question by
4
Mr. Kelsh, I believe you indicated that the issue of
5
repayment to Pentree would properly be included in the
6 Commission's purview in determining the public interest. Do
7
you recall that?
8
A
Restate that again?
9
Q
Do you recall telling Mr. Kelsh that it
I'm sorry.
10 would be appropriate for the Commission to consider the
11
impact of the District having to repay or having to pay
12
Pentree for engineering services of 150-some thousand
13
dollars in the event the Blue Ridge Project was not
14
constructed?
15
16
17
18
A
The impact on the existing 110 customers,
Q
Would you agree that it would also be
yes.
appropriate for the Commission to consider the impact of the
19 potential obligation of the District to have to repay
20
$145,000.00 to the Infrastructure and Jobs Development
21
Council if the Blue Ridge Project is not constructed and 110
22
customers have to pay that in addition?
23
A
If the District had to repay that loan,
31
1
yes, there would be a definite impact to those 110 customers
2
in addition to the additional money that's owed currently to
3
Pentree.
Q
4
Would you accept, subject to check, Mr.
5 Nelson, that a total of $297,000.00 at zero percent interest
6 over 20 years spread across 110 customers would amount to
7
1
$11.35 per month?
8
A
9
MR. RODECKER :
No further questions.
10
CHAIRMAN LANE:
Commissioner Casto?
11
COMMISSIONER CASTO:
12
CHAIRMAN LANE:
13
COMMISSIONER FRUM:
14
Subject to check, yes.
No questions.
Commissioner Frum?
None.
EXAMINATION
15
BY CHAIRMAN LANE:
16
Q
Mr. Nelson, you may have answered this
17
question, but I forget. What is your recommendation to the
18
Commission on whether or not it should approve the transfer
19
of assets from Harper's Ferry Campsites to Jefferson
20 Utilities?
21
A
It is my opinion or recommendation that it
22 meets the requirements as established in the Code that has
23
been discussed previously in the testimony, therefore as a
32
1
stand-alone transfer of assets, Staff, as far as me, my
2
opinion as Staff, I would recommend approval of that
3
transfer.
4
CHAIRMAN LANE:
I don't have any other
6
MR. KELSH:
I have no redirect.
7
CHAIRMAN LANE:
If there are no further
5
8
questions.
questions, then this witness may be excused.
9
10
11
1
Thank you.
CHAIRMAN LANE:
Does that conclude Staff's
MR. KELSH:
Yes, that concludes the
case?
12
13
THE WITNESS:
witness s Staff will present in this case?
14
CHAIRMAN LANE:
Do any of the parties have any
15 additional witnesses that they wish to call?
16
MR. McDONALD:
Your Honor, could I have a few
17 minutes to confer with my client?
18
CHAIRMAN LANE:
Yes.
19
MR. McDONALD:
Five or ten minutes would be
CHAIRMAN LANE:
Okay, we'll take a five minute
MR. McDONALD:
Thank you, Your Honor.
20
all right.
21
22
23
How long would you like?
break.
33
(WHEREUPON a short recess was had.)
MR. KELSH:
Your Honor, I'd like to make a
CHAIRMAN LANE:
Wait just a minute.
statement.
have everybody present first.
MR. KELSH:
Let's
Back on the record.
Your Honor, if I could make a
statement, your last conclusion of Staff witness Bill Nelson
8
asked whether he approved the project and his qualification
9
of the Jefferson Utilities' proposal, and his answer was
10
that he could approve that standing alone, and I just wanted
11
to make sure that you weren't led to believe that he was
12
recommending approval of Jefferson Utilities' proposal in
13
light of the participation of the District.
14
CHAIRMAN LANE:
Mr. McDonald?
15
MR. McDONALD:
Your Honor, I object to
16
Counsel's trying to change the testimony of the witness --
17
MR. KELSH:
I'm not trying to --
18
MR. McDONALD:
The witness' testimony will
19
20
speak for itself.
MR. KELSH:
I agree that Mr. Nelson's
21
testimony will speak for itself.
22
a possibility that you may have been misled.
23
trying to change his testimony at all.
I'm just trying -- there's
I am not
I just want to make
34
1
sure that you understand the qualification of his testimony,
2
which is contained in his words.
3
CHAIRMAN LANE:
I would suggest that we put
4 Mr. Nelson back on the stand, because I did understand him
5
to say that if he were just faced with the possibility of
6
this project, that he would recommend the transfer of those
7
assets.
8
MR. KELSH:
Okay.
9
CHAIRMAN LANE:
Mr. Nelson, would you come
10 back to the stand, please?
I
11
(WHEREUPON Mr. Nelson resumed the
12
witness stand.)
13
MR. KELSH:
Could we just have a minute?
14
CHAIRMAN LANE:
Yes.
15
MR. McDONALD:
Your Honor, this is bizarre.
16
CHAIRMAN LANE:
Mr. McDonald, the Commission,
17
as you know, makes up its own mind and we view the testimony
18
independently of the Staff, and so --
19
MR. McDONALD:
I appreciate your comment,
20
Your Honor.
21
heavily on the recommendations of the Staff, and when the
22
Staff recommends -- agrees with what the Commission wants to
23
do, the Commission recites that fact prominently in its
I also appreciate that the Commission relies
35
1
2
i
Order.
CHAIRMAN LANE:
I feel it incumbent that I
3
state for the record that, at least as far as I am
4
concerned, Staff recommendations are in there and are given
5
the same weight that any of the other testimony that comes
6
into the record is given, no more and no less.
7
asked those questions because, from the testimony, I
8
couldn't tell what Staff was saying, and that's why I asked
9
the question.
I merely
It did appear that Mr. Nelson's testimony was
10
in direct conflict with Mr. Dove's testimony, and so if
11
Staff Counsel -- I heard what Counsel said, so I think we
12
want to ask Mr. Nelson.
EXAMINATION
13
14
BY CHAIRMAN LANE:
15
Q
16
Mr. Nelson, you're still under oath.
I
asked you, I think, is it your recommendation that, being
17 we're here on a petition for the transfer of the assets of
18 Harper's Ferry Campsites to Jefferson Utilities, looking at
19
20
that, the proposed transfer, what is your recommendation?
A
Are you saying without intervention being
21
considered by the District in this case?
22
the case, then my response to that is, the agreement, as far
23
as I can -- you know, it's my opinion that it meets the
I mean, if that's
36
1
criteria of 24-2-12 in the Code, but I guess the clarifier
2
being that we have intervention by another utility, and
3
possibly the long-term affect that may have been testified
4
to by Mr. Dove is a concern and may -- you know, needs to be
5 determined by the Commission, but as the agreement stands,
6 without the intervention by the other utility, yes, it meets
7
the requirements of the Code and Staff could recommend
8
approval of it.
9 or not.
I didn't mean to confuse the Commission.
Q
10
11
I
12
I don't know if that makes it any clearer
Thank you.
Okay.
It doesn't take much to confuse us.
Mr. McDonald, do you have questions now of -MR. McDONALD:
Yes.
RECROSS EXAMINATION
13
14
BY MR. McDONALD:
15
(2
Of course, the fact is, Mr. Nelson, that
16 we do have the intervention of the District and we still
17
have a petition pending before the Commission.
18
everything that you have read and seen in this case,
19
including the evidence of the Public Service District about
20
its plan, do you recommend approval of the petition in this
21
case or not?
22
23
A
Given
With respect to each party's project?
don't think I can make that determination.
I
There's too many
37
1 uncertainties, Mr. McDonald.
I mean, each party has
2
proposed various scenarios and rates to go along with them,
3
and I still believe there's uncertainties involved with both
4
of those, but as the agreement that was proposed and
5
submitted, as I've stated to the Commission, meets the
6
criteria. Whether -- without the intervention I believe it
7 would be recommended approval of, but we've got intervention
8 by another utility and what weight that has, honestly, I
9 can't make that determination.
10
MR. McDONALD:
I appreciate your candor, sir.
CHAIRMAN LANE:
Any other questions of this
MR. RODECKER:
No further questions, Your
16
MR. KELSH:
No questions.
17
CHAIRMAN LANE:
You may be excused.
18
THE WITNESS:
Thank you.
19
CHAIRMAN LANE:
Do any of the parties have
11
Thank you.
12
13 witness?
14
15 Honor.
20
21
further witnesses?
MR. McDONALD:
Yes, Your'Honor. I'd like to
22
call Lee Snyder to briefly comment on some of the testimony
23
of Wilbur Smith that was introduced yesterday and also to
38
1
offer support for Jefferson Campsites Exhibits Twenty-two,
2
Twenty-two-A, Twenty-three and Twenty-three-A.
3
CHAIRMAN LANE:
4
oath.
5
THEREUPON
6
B.
L E E
Mr. Snyder, you're still under
S N Y D E R ,
7
having previously been sworn by the Chairman, testified as
8
follows:
9
DIRECT EXAMINATION
10
BY MR. McDONALD:
11
Q
Mr. Snyder, yesterday Mr. Smith referred
12
to a map he put up on the board which I don't believe has
13
been marked as an exhibit or introduced into evidence, but
14
it's a map of the portion of Jefferson County, West Virginia
15
showing the Shenandoah River, Charles Town, the mountain
16
communities that we've been talking about, Harper's Ferry
17
and a community called Shannondale.
18
Among other things, Mr. Smith
19
testified that it was possible at some point in the future,
20
if a transmission line were built from the Charles Town
21
treatment plant to the Blue Ridge Project area, that water
22
service could be provided to the community called
23
Shannondale.
39
1
Does that give the Blue Ridge
2
Project an advantage over your project, in your mind?
3
offering something that you can't offer?
4
5
A
Is he
We are equally dedicated to extending
service, and in that area near Mission Road called,
6 Mannings, is the Blue Ridge Elementary School and a fair
7
concentration of houses, and I was approached fairly
8
recently by a developer who plans a project there who asked
9
if we would partner with him in developing a water system in
I assured him we would be, and if that comes to
10
that area.
11
fruition, that, coupled with the school would have the real
12 possibility of allowing us to start a system there that
13
could then grow and interconnect with the system that now
14
exists in the three mountain communities.
Then the community of Shannondale is
15
16 just south of that area. As Mr. Smith pointed out, it's
17
approximately 4,000 feet to Route 9 at its closest point, so
18
if there's a -- if such an extension is feasible for the
19
District, I suspect it could be feasible for us as well,
20
given the right customer demand within those communities for
21
service.
22
23
(1
Mr. Smith also made some comments about
fire protection, and he compared the fire protection
40
1 provisions in the testimony that you offered yesterday or
2
the day before with the fire protection provisions in the
3
so-called Blue Ridge Project, and he noted that you had
4
planned to put in two fire hydrants and his Blue Ridge
5
Project plans to install 95 fire hydrants.
6
clarification to make to the Commission, or observation on
Do you have any
7 Mr. Smith's testimony?
8
9
I
A
I had reviewed a number of times his
estimated construction costs, and he's perfectly correct
10
that the project does tabulate having 95 hydrants, but when
11
you look at the deducts for each of the developments that
12
were patterned to be eliminated in order to reduce the cost
13
and change the pro forma of the Blue Ridge system, what one
14
sees is that there were actually four fire hydrants in West
15 Ridge Hills on the Blue Ridge Project, four fire hydrants in
16
Keyes Ferry Acres and six fire hydrants in Harper's Ferry
17
Campsites.
18
Q
Mr. Smith made a point, quite correctly
19
so, that the Blue Ridge Project proposes to replace all of
20
the lines in Keyes Ferry Acres because, in his opinion, the
21
lines needed replacement.
22
Utilities, with respect to its Mountain Project, to replace
23
mains in Keyes Ferry Acres as those replacements need to be
Is it the plan of Jefferson
,
41
1 made?
2
3
A
Ultimately, as I've said, our plan would
be to replace the vast majority
4 more familiar with it.
5
f th t lin
as we b come
Probably Keyes Ferry Acres I believe
to be the worst line of the three communities.
In other
6 cases I'm not at all sure that the two-and-a-half line needs
~
7
to be replaced with new two-inch line, but certainly in
8
Keyes Ferry Acres, it's likely that all the line may be
9
replaced ultimately unless that 5,000 feet that I was told
10
had been replaced recently, in the last few years, unless
11
that's in locations and installed adequately to warrant its
12
continued use.
Q
13
14
Is my answer, yes, you intend to replace
lines if they need to be replaced?
15
A
I'm sorry, I went kind of around the barn
16 on that, but yes, the answer is, yes.
Q
17
18
All right.
Now did you have prepared the
cash flow analyses and the income statements showing
19 potential pro forma results for the Jefferson Utilities
20
proposa1 ?
21
A
Yes, I had them prepared by Rod Laton.
22
Q
Are you sufficiently conversant with them
23
to be able to sponsor them and to be able to verify to their
42
1 authenticity and accuracy?
2
A
Yes, I believe so.
3
Q
What did you ask Mr. Laton to do?
4
A
I asked him to model the system and the
5
financing based on the assumptions that I had earlier
6 testified to that were reflected in the Exhibits that were
7
previously introduced.
8
these documents reflect the same numbers, or substantially
9
the same, they were.
10 product.
I believe that these Exhibits, or
I would suggest, however, they're work
They weren't intended to be flawless, so with that
11
assumption, I believe that they're materially correct,
12
though.
13
Q
14
MR. McDONALD:
All right, thank you.
Your Honor, that completes my
15
redirect examination.
16
that have not previously been admitted, including Jefferson
17
Campsites Cross Examination Number Two and Twenty-Two
18
through Twenty-three-A.
19
20
I move the admission of any Exhibits
CHAIRMAN LANE:
Those may be admitted into the
record.
21
(WHEREUPON Jefferson Campsites Cross
22
Exam Exhibit Number Two and
23
Jefferson Campsites Exhibits Twenty
43
1
two through Twenty-three-A were duly
2
received in evidence.)
3
MR. McDONALD:
The witness is tendered.
4
CHAIRMAN LANE:
Mr. Rodecker.
5
CROSS EXAMINATION
6
BY MR. RODECKER:
7
Q
8
Mr. Snyder, I just have a few brief
questions about Exhibits Twenty-two through Twenty-three-A.
9 Do you have a copy of those Exhibits with you?
10
A
11
MR. RODECKER:
12
13
14
No.
Counsel, could you provide
your witness with those?
MR. McDONALD:
Mr. Rodecker, I've only got
Perhaps -- could we go off the
three of them, actually.
15 record for a moment?
16
(WHEREUPON the Exhibits were
17
provided to the witness.)
18
19
MR. RODECKER:
with a copy of Exhibits Seventeen and Eighteen?
20
BY MR. RODECKER:
21
Q
22
23
Could you also provide him
Do you have those documents in front of
you, Mr. Snyder?
A
Yes.
44
Q
2
I just want to walk through this with you
little bit to clarify information for me.
I haven't had a
Zhance to really delve into this in any respect, but I'd
Like you to be able to explain it to me if you could.
Looking at Exhibit Twenty-two, which appears to be the
statement of Income and Expenses for Jefferson Utilities,
I
7
2nd I'm looking under the pro forma at 385 customers.
8
take it that that is the figure or the column that would
9
reflect the same information that made up Campsite Exhibit
10
seventeen?
11
somehow?
I
In other words, the two ought to fit together
12
A
Yes, that's true.
13
Q
So that Seventeen, which tells us the
14
costs that you have represented would be associated with
15
your Mountain Project and assuming $1,020,000.00 loan at
16
zero percent interest from the Housing Development Fund, is
17
that correct?
18
A
Yes.
19
Q
And that carries with it a 37.50 rate?
20
A
Yes.
21
Q
Now will you tell me, if we look on
22
Statement A, your J . C .
23
the operating revenues, if I were to multiply out 385 times
Exhibit Twenty-two, I take it that
45
1
37.50 times 1 2 , I would come up with that amount?
2
correct?
Is that
3
A
I would think.
4
Q
I'm asking you.
5 done this.
I'm asking you.
6
A
Quite honestly, I haven't done it either.
7
Q
All right.
8
93,009 is the 0
9
at Exhibit Seventeen the 0
10
&
I don't know, I have not
We'll go to the next item.
M expense which is shown. When I looked
&
M expense that I see there is
$73,920.00.
11
A
The -- it's my suggestion that the leak
12
repair is in the 0
13
thing that would come to mind.
&
M, I believe.
That would be the first
14
Q
Do you know that to be the case?
15
A
Well, if I studied this long enough, and
16 by exclusion I might be able to conclude that.
Q
17
Same thing with the amortization and
18
depreciation expense of $51,000.00, is there a like figure
19
for that over on Exhibit Seventeen?
20
A
I believe it's probably -- as you know,
21
I'm not an accountant.
22
that amortization and depreciation is a function of debt
23
service.
But I believe that probably it's
46
Q
1
Your
Now correct me if I'm wrong.
2
assumptions here are that; one, you will have the zero
3
percent loan available; second, that your 0
4
will be similar to what your o
5
operations, is that how you arrived at your 0
&
&
M expenses
M expenses are in other
&
M expenses?
6
A
That's right.
7
Q
Now if I were to walk through the Exhibit
8
Twenty-three in the same fashion and compare that with
9 Exhibit Eighteen, would that be the appropriate way to read
10
your documents to see if they in fact meet up with one
another?
I
12
A
Yes.
They're not -- I would think that
13
there may be s me reasons why things don't exactly match,
14
but I believe that -- here again, materially they represent
15
the same set of assumptions.
Q
16
Now at the top of the page on Exhibit
17
Twenty-two, there is a bold entry, $10.00 per customer, DS,
18
that's $10.00 per customer, debt service?
19
stand for?
20
Or what does that
A
Yes, I believe that's the amount of debt
22
Q
And is that beginning in the first year?
23
A
I believe so.
21
service.
47
Q
1
And on the Exhibit Twenty-three, $20.54
2
per customer debt service, again, is that beginning the
3
first year?
4
A
5
MR. RODECKER:
6
I believe so.
further of this witness.
7
Your Honor, I have nothing
Thank you.
MR. KELSH:
Staff has no questions of this
CHAIRMAN LANE:
Commissioner Casto?
8 witness.
9
10
COMMISSIONER CASTO:
11
CHAIRMAN LANE:
12
COMMISSIONER FRTJM:
13
No.
Commissioner Frum?
No.
EXAMINATION
14
BY CHAIRMAN LANE:
15
Q
Mr. Snyder, I have a question, and you may
16 have answered it and it may be such a stupid question that I
17
shouldn't even ask it, but looking at the map, where is the
18 Walnut Grove area in conjunction with West Ridge, Campsites
19
20
and Keyes Ferry Acres?
A
This is Charles Town.
This is the project
21
at the three developments.
22
the depression ridge extension, we have a water line to
23
right there.
This is Walnut Grove, and with
48
Q
1
Okay.
Stand right there.
Is there any
2 possibility of, if the Commission approved this transfer, is
3
there any possibility that you would connect all of those
four subdivisions together into one water system?
A
its possibilities.
It has occurred to me.
It's not without
It is a pretty sizeable distance, but if
there were some development in this area of Millville that
facilitated the extension and, I might also say that the
Meadowbrook system is right here, and these -- the
10 Meadowbrook and Walnut Grove systems will definitely grow
11
together, I'm all but certain of that because --
Q
Now do you serve the Meadowbrook system
14
A
Yes.
15
Q
Do you own it or do you just operate it?
16
A
We own it.
17
Q
Okay.
18
A
We have an agreement to extend service
12
13
now?
Go ahead.
19
that is presently being -- it's in the stage of submission
20
to the Health Department -- to a subdivision that extends to
21
the southwest from Meadowbrook and between -- that makes the
22
properties contiguous.
23
right here that's being proposed for development, well it's
That is, this piece of property
49
1 been proposed for years, but it's actively before the
2
Planning Commission at this moment.
It is contiguous with
3
this land here that's checkered-looking, which is the
4
holdings of Breckenridge, which are within that area of
5
certificate allowed to service from Walnut Grove to serve
6 Brier Run, which is here, Cambridge, which is right here,
7
and Breckenridge, which extends from Walnut Grove over to
8
right here to become contiguous with the property that I was
9
speaking of at the project called, Gap Dew (sic)
10
11
I
subdivision.
So it is quite possible in the long
12
run, in fact, I would have some hopes that a project along
13
this Bakerton Road, if it ever comes back to life, was a
14
proposed to be converted to a subdivision.
It already has a
15 water system that was used for a campgrounds. The
16
connection of that to Meadowbrook's extension, because
17 Meadowbrook's property has recently been proposed to also
18
extend to the east in this case, so we propose to be able to
19
tie that together to go that far.
20
Similarly, we proposed an extension
21
from Walnut Grove to Jefferson High School, which is
22
straight out this road, which will interconnect the system
23
at Shenandoah Junction to this system.
Then it's a short
50
1 distance to the Bardane Industrial Park where we've recently
2 been notified that we're the successful proposer to acquire
3
that system.
Q
4
5
Now while you're standing there,
show me again where the Charles Town treatment plant is.
6
7
Okay.
A
It's right here near what's labeled,
Oakland Church, but it's on Route 9 right there.
Q
8
H o w far is that from the communities that
9 you're talking about in this case?
10
A
Well, there versus the three communities
11 being right here.
I
12
CHAIRMAN LANE:
All right, thank you.
13
have any other questions. Any more questions of this
14
witness?
15
I don't
(No response)
16
CHAIRMAN LANE:
If not, Mr. Snyder, you may be
18
THE WITNESS:
Thank you.
19
CHAIRMAN LANE:
Off the record.
17
excused.
20
(WHEREUPON a discussion was had off
21
the record.)
22
23
MR. RODECKER:
Your Honor, off the record I
informed the Commission of the fact that during this
51
1 morning, the parties met and discussed the possibility of
2
resolution of differences in this matter.
3
obvious that there was a mutual interest in trying to
4
resolve differences rather than having the Commission
5
ultimately decide this case.
6
schedule that is currently in the Commission's Order would
7
require the submission of briefs by April 22nd.
8
length of the transcript and the shortness of time between
It appeared
That further, the procedural
Given the
9 now and April 22nd, we felt that it would probably be an
10 unreasonable burden on both the Court Reporter and Counsel
11
to put together briefs at this time.
12
that we can ultimately resolve these matters, I would like
13
to request that the procedural schedule be continued so that
14
the record be closed at this point but that briefs --
15
subject to the filing of briefs at a later date to be
16
established by the Commission following the best efforts of
17
the parties to make a resolution of the differences.
18
20
Your Honor, I agree to most of
MR. McDONALD:
19 what Mr. Rodecker said.
Therefore, in the hope
I think it's dangerous to suspend a
procedural schedule entirely.
We do have an application
21 before the Commission and we do intend to pursue it.
We
I would like to
22
also intend to continue our discussions.
23
ensure that we not be writing briefs during August, and I
52
would suggest that the Commission establish a briefing
schedule out somewhere in May or June or July which would
ensure that, unless further extended because of the succe
S
of the talks, that this case would be concluded and decided.
I don't have a specific recommendation, but typically, of
course, the transcript takes two weeks and the Commission
allows the parties 20 days after that.
8
aggressive.
That may be a little
I haven't discussed a specific schedule with
9 Mr. Rodecker or Mr. Kelsh, but it seems to me that an
10
initial brief sometime in perhaps June and a reply brief a
11
reasonable time thereafter would be more appropriate than
12
simply cancelling the procedural schedule.
13
CHAIRMAN LANE:
Mr. Kelsh?
14
MR. KELSH:
Staff would support a briefing
15
schedule scheduling briefings to be filed sometime during
16
the month of June.
17
ample time to see if this can be resolved amicably, yet
18
keeps a little pressure on them to see that that gets done.
19
That will give the parties, I think,
CHAIRMAN LANE:
The Commission will suspend
20
the briefing schedule for the time being but will issue an
21
Order setting forth a new briefing schedule, and so we will
22
have the transcript in two weeks time?
23
REPORTER:
Yes, ma'am.
53
CHAIRMAN LANE:
We will issue a further Order
setting forth the briefing schedule. Anything further to
come before the Commission?
4
MR. McDONALD:
5
of housekeeping matters, Your Honor.
6
asked for a copy of the Jefferson County County-wide
7
planning and zoning ordinance.
8
be provided?
9
MR. KELSH:
I believe there are a couple
I note that Mr. Kelsh
Does he still wish that to
Yes.
If Counsel could provide
10
that to me, it does not have to be filed as a brief in this
11
case, but if it could just be available for examination, I
12
also requested that you submit as a post-hearing Exhibit --
13
I --
14
MR. McDONALD:
The operating agreement
15 between Campsites and Snyder.
16
MR. KELSH:
That -- Staff would request a
17
courtesy
18
you're done with your housekeeping --
19
MR. McDONALD:
20
that need not be filed in this case.
If
I didn't have any other notes,
Jim, anything else you wanted?
21
MR. KELSH:
I believe I had Mr. Nelson's
22
testimony marked but I don't believe I moved it into the
23
record.
I'd just like to move it into the record.
54
CHAIRMAN LANE:
It may be moved into evidence.
(WHEREUPON Staff Exhibit Numbers
Three and Four were duly received in
evidence.)
CHAIRMAN LANE:
Anything further?
(No response)
CHAIRMAN LANE:
this hearing is adjourned.
If there's nothing further,
55
REPORTER’S CERTIFICATE
STATE OF WEST VIRGINIA
PUBLIC SERVICE COMMISSION, to wit;
I, the undersigned, Philip S. Dye, Certified
Court Reporter, do hereby certify that the foregoing is, to
the best of my skill and ability, a true and accurate
transcript of all the testimony adduced or proceedings had in
the aforementioned case, as set forth in the caption hereof.
Given under my hand this 25th day of April,
1999.
6-4.”-
*BOIc-rrln-.*
OFFICIAL SEN.
NOTARY PUDLiC
STATE C C WET! t’iR2lNlA
Pt :!!_IF s. CYE
910 F O R E 3 EDGE DR’YE
SO. CHARLESTO?!, VJV 2349
fly EmmlssiLm Exgiw March 3, 2
dJ3
1
i
Notary Public