Appalachia

The Charleston Gazette
Tuesday, August 5, 2014
PSC ‘extremely concerned’ about dispute over spill probe’s scope
By Ken Ward Jr., Staff writer

The state Public Service Commission said Tuesday that it is “extremely concerned” about its investigation of West Virginia American Water Co.’s response to the Elk River chemical spill, citing a growing dispute in which businesses, local citizens and the commission’s own Consumer Advocate Division argue the water company is wrongly trying to narrow the scope of the inquiry.

Saying the dispute is going to “require additional time to unravel,” commissioners temporarily postponed further action in the case and set a hearing -- some of which they said may be held behind closed doors -- to try to resolve West Virginia American’s objections to requests that it turn over records about whatever emergency planning it conducted prior to the January spill.

“The commission had hoped that, by more specifically identifying the key issue in this proceeding, we could shorten discovery, avoid untold discovery disputes and streamline the preparation and prosecution of this case,” the PSC said in a 10-page order. “Even (reasonably) tough-minded administrative bodies can be naive.”

Faced with a “significant” number of complaints from area residents and water company customers, the PSC announced in late May that it would conduct a “general investigation” of how West Virginia American handled the contamination of its Elk River drinking water supply with chemicals from the Freedom Industries tank farm just 1.5 miles upstream....

See more at: http://www.wvgazette.com/article/20140805/GZ01/140809628/1419#sthash.DgmHrFP7.dpuf