CHARELSTON, W.Va. — A spokesperson for the state Public Service Commission says it makes sense for the commission to review whether the need for a general investigation into how West Virginia American Water Company handled the 2014 water emergency in nine counties has changed.
The PSC issued an order Dec. 31 scheduling a Jan. 22 status hearing where it wants to hear from all parties in the case. The order told the parties to be ready to answer several questions in connection with a new state law approved last year that governs water resources, PSC Communications Director Susan Small said.
“We don’t go out and look for areas to expand our jurisdiction. We do as the legislature tells us to do,” Small said. “So it makes sense that at this point and time the commission is looking at Senate Bill 373 and looking at the situation to determine what our role is in the investigation.”
The face of the PSC has changed since the general investigation was first ordered, Small said. Chairman Mike Albert has recused himself while Commissioners Jon McKinney and Ryan Palmer have resigned and been replaced by Brooks McCabe and Kara Cunningham Williams.
“There was a year when the investigation was stalled (because of PSC vacancies). It’s reasonable, fair and responsible to look around and say ‘What is it that needs to be examined now and what is the Public Service Commission’s role in examining it?'” Small said.
It’s been alleged by the state Consumer Advocate, PSC staff and citizen groups that WVAWC had no plans in place when the chemical MCHM spilled into the Elk River in Charleston just above its Kanawha Valley plant that services customers in nine counties. The parties allege the water company knew about the Freedom tank farm but wasn’t prepared. The water company has attempted to narrow the information it has to release to the PSC.
The PSC told all interested parties in last week’s order to be ready to answer four specific questions about the new state law and the investigation, Small said.
“Where is the specific areas of of overlap? And where are areas that don’t overlap with Senate Bill 373?” Small said.
The state Bureau of Public Health ordered a Do Not Use water order to all WVAWC customers for several days two years ago following the Freedom spill. More than 300,000 residents were impacted.