Delby B. Pool v. Greater Harrison County Public Service District

Summary

The Supreme Court of Appeals of West Virginia reviewed whether the Public Service Commission had jurisdiction over a proposed rate increase by the Greater Harrison County Public Service District. The court held that customers receiving both water and sewer services may be counted separately for each utility when determining whether the district has at least 4,500 customers. Because the district exceeded that threshold, the court affirmed dismissal of the complaint for lack of PSC ratemaking jurisdiction.

Holdings

1. When the PSC determines whether a public service district providing water and sewer utility services has at least 4,500 customers under West Virginia Code §§ 16-13A-9(a)(2) and 24-2-4a(a), it may count an entity receiving combined services as two separate customers: one water-utility customer and one sewer-utility customer.
2. Because the District had more than 4,500 customers under the permissible counting method, the PSC lacked jurisdiction to consider Pool's challenge to the District's rate increase.

Questions Presented

1. Whether the PSC properly interpreted West Virginia Code §§ 16-13A-9(a)(2) and 24-2-4a to permit a public service district providing combined water and sewer services to count a single entity as two customers for purposes of the 4,500-customer jurisdictional threshold.
2. Whether the PSC had ratemaking jurisdiction over the District's proposed rate increase.

Disposition

affirmed