In Re: A.M.
17-0384
W. Va.Jun 9, 2017Background
- Jefferson County Public Service District (PSD) applied to the West Virginia Public Service Commission (Commission) to obtain a certificate of convenience and necessity to upgrade its ~30‑year‑old wastewater collection/transmission system, decommission obsolete pump stations, replace failing equipment, and enter related inter-utility agreements and post‑project rate increases.
- The Commission held hearings; over 35 public objections were filed. Three parties intervened, including petitioner Jacquelyn Milliron (pro se); the cities of Charles Town and Ranson also intervened but did not appeal.
- The Commission found testimony from PSD engineers and managers showed reliability, capacity, and equipment‑age problems that risk near‑term system failures if the project were delayed, and approved the project and associated post‑project rate increase.
- Milliron appealed, arguing the Commission’s factual findings were arbitrary and the project was not presently needed; she raised multiple specific challenges about design, necessity, alternatives, costs, ownership issues, and potential consolidation with nearby cities.
- The Supreme Court of Appeals reviewed the record under the established standard for Commission orders (jurisdiction, substantial evidence, and substantive result), concluded the Commission acted within its authority and relied on adequate evidence, adopted the Commission’s findings, denied Milliron’s motion to supplement the record, and affirmed the Commission’s order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether project is needed now | Milliron: project not necessary; risks of failure overstated | PSD/Commission: engineers showed reliability, capacity, and aging equipment create imminent risk | Held: Commission’s finding of necessity supported by substantial evidence; project needed now |
| Whether Commission’s findings were arbitrary | Milliron: findings arbitrary and unsupported | Commission: findings grounded in testimony and evidence | Held: No arbitrary action; findings reasonable and supported |
| Whether project addresses future growth | Milliron: project not designed for future customer growth | PSD: project addresses current system deficiencies and service needs; growth not prerequisite | Held: Commission reasonably concluded project need independent of growth projections |
| Whether isolated overflows/backups justify project | Milliron: isolated events don’t prove systemic need | PSD/engineers: these events reflect broader reliability problems | Held: Commission credited expert testimony linking events to system deficiencies |
| Whether decommissioning/rebuilding pump stations is appropriate/cost‑effective | Milliron: rebuilding may be preferable; decommissioning unjustified | PSD: certain pump stations obsolete, parts unavailable, rebuilding cost/time prohibitive | Held: Commission accepted PSD’s engineering/cost evidence supporting decommissioning |
| Whether rates and ownership/ consolidation issues were improperly handled | Milliron: rates unfair; ownership of improved infrastructure unclear; consolidation with cities precluded | PSD/Commission: rates reviewed; ownership/territory and consolidation not impeded by approval | Held: Commission addressed these issues; rate approval and ownership determinations reasonable; consolidation not foreclosed |
Key Cases Cited
- Monongahela Power Co. v. Public Service Comm’n, 276 S.E.2d 179 (W. Va. 1981) (sets detailed standard for appellate review of PSC orders)
- Central West Virginia Refuse, Inc. v. Public Service Commission, 438 S.E.2d 596 (W. Va. 1993) (summarizes review: jurisdiction, substantial evidence, substantive result)
- Jan‑Care Ambulance Serv., Inc. v. Pub. Serv. Comm’n of W. Va., 522 S.E.2d 912 (W. Va. 1999) (applies Monongahela standard to PSC appeals)
- Berkeley County Public Service Sewer District v. West Virginia Public Service Commission, 512 S.E.2d 201 (W. Va. 1998) (discusses commission review standard and deference to PSC findings)