Current through Register Vol. XLI, No. 45, November 8, 2024
Section 150-1-6 - Complaints6.1. Informal complaints. 6.1.1. An informal complaint may be made by letter, other writing, telephone, through the Commission's Internet website, or by any other form of direct contact with Commission Staff. Commission Staff addresses an informal complaint through written correspondence or other form of communication with the utility complained against and attempts to resolve the complaint without formal hearing.6.1.2. An informal complaint need not be in a specific format but must contain the essential elements of a formal complaint, including name, mailing address, and email address (if available) of the complainant, the correct name of the utility against which complaint is made, a clear and concise statement of the facts involved, and a request for relief. If Commission Staff takes an informal complaint over the telephone, Staff shall make a record of the foregoing essential elements.6.1.3. The utility shall provide a response to Commission Staff by letter, other writing, telephone call or any other form of direct contact with Staff within ten (10) days of the Commission Staff's contact with the utility.6.1.4. The informal complaint procedure is recommended in the majority of cases. If the informal complaint procedure fails to resolve the complaint the complainant may file and prosecute a formal complaint, and the informal proceeding will be discontinued. The informal complaint procedure does not preclude the filing of a formal complaint.6.2. Formal complaints. 6.2.1. Any person or entity may complain to the Commission by petition substantially in the form of Form No. 1 attached to these Rules of anything done or omitted to be done by the public utility in violation of any of the provisions of the Public Service Commission law of West Virginia. Two or more complainants may join in one complaint if their respective causes of action are against the same defendant or defendants and involve substantially the same violation of law and like set of facts. When any defendant is operated by a receiver or trustee, both the utility and its receiver or trustee must be made defendants.6.2.2. A formal complaint must state the names of all parties in full without abbreviation, and the mailing and email addresses and telephone number (if available) of each complainant with the name, mailing and email addresses, telephone number and West Virginia Bar ID Number of his/her attorney, if any.6.2.3. A formal complaint shall fully and completely advise the defendant or defendants and the Commission of the provision or provisions of the law that have been or will be violated. The formal complaint shall state each distinct charge concisely in a separate paragraph. The formal complaint shall state specifically the relief sought.6.2.4. A formal complaint shall be signed and sworn to as set forth on Form No. 1.6.2.5. Upon the filing of a formal complaint and the issuance of an order to investigate, the Commission will require that a copy of the complaint be served on each defendant, together with a copy of an order requiring each defendant to satisfy or answer the complaint within ten (10) days. Such service shall be by email or first class mail unless otherwise ordered.6.2.6. When issues are joined, the Commission may set a time and place for an evidentiary hearing at the Commission's offices in the City of Charleston or elsewhere in the State at the Commission's discretion. If a formal complaint does not present substantial issues of fact requiring a hearing, the Commission may issue an order on the merits based on the information contained in the file.6.2.7. The complainant must in all cases establish the facts alleged to constitute a violation of the law, unless the defendant admits the same or fails to answer the complaint.6.2.8. In case of failure to answer, the Commission may hear proof of facts as the Commission deems proper and reasonable, and may investigate and enter an order justified by the facts and circumstances.6.3. General Investigations. 6.3.1. The Commission may initiate a general investigation of a public utility, or of any general issue affecting public utilities or other entities, on motion of the Commission, Commission Staff, or any other person. Any motion, other than the Commission's own motion, to initiate a general investigation shall be served on the utility in the same manner as a formal complaint is served.6.4. Interim relief. 6.4.1. A request for interim relief may be included in a complaint. The title must clearly indicate that interim relief is requested. The pleading must allege the extraordinary facts of immediate and irreparable injury or public interest that justify the Commission granting interim relief prior to a final decision.