W. Va. Code R. § 150-40-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-40-2 - Application of rules; Formal Complaints

2.1. Application of rules.

If hardship results from the application of any rule contained within these rules, or if unusual difficulty is involved in immediately complying with any rule, or upon other good cause shown, an applicant may request that the Commission grant a temporary or permanent modification, exemption or waiver from its provisions. The Commission will not consider any application for modification, exemption or waiver in the absence of a full and complete justification for such action.

2.2. The contact information for the Commission is:

Public Service Commission of West Virginia

201 Brooks St.

P.O. Box 812

Charleston, WV 25323

Main switchboard telephone 304-340-0300

Main telefax 304-340-0325

Web site: www.psc.state.wv.us

2.3. Formal complaints.

2.3.1. Any telecommunications carrier may complain to the Commission by petition substantially in the form of Form No. 1 of the Rules of Practice and Procedure of anything done or omitted to be done by any other telecommunication carrier regarding an application to the Division of Highways (DOH) to install telecommunication facilities in a DOH trench and a request by another telecommunications carrier to share such trench.

2.3.2. A formal complaint must state the names of all parties in full without abbreviation, and the mailing and email addresses and telephone numbers (if available) of each complainant with the name, mailing and email addresses, telephone numbers and West Virginia Bar ID Number of his/her attorney, if any.

2.3.3. 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. If the relief sought includes a determination of an allocation of trench sharing expense, the complaint must present in full the basis for the complainant's proposed cost allocation. The formal complaint shall include as an attachment all correspondence exchanged between the complainant and the DOH concerning the trench(es) at issue, and between the complainant and all defendants concerning the trench(es) at issue, which do not constitute confidential settlement material. If the complainant wishes to undertake any discovery in the case, the complainant must include a discovery request with the complaint.

2.3.4. A formal complaint shall be signed and sworn to as set forth on Form No. 1 of the Rules of Practice and Procedure.

2.3.5. 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 five (5) days. Such service shall be by email or first class mail unless otherwise ordered.

2.3.6. When substantial issues are raised, 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.

2.3.7. 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.

2.3.8. 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.

W. Va. Code R. § 150-40-2