West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-18 - Format and content of complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
A formal complaint shall contain:
18.1. The name of each complainant and
				defendant;
18.2. The occupation,
				address and telephone number of each complainant and, to the extent known, each
				defendant;
18.3. The name, address,
				telephone number, email address and West Virginia Bar identification number of
				complainant's attorney, if represented by counsel;
18.4. Citation to the section of the Pole
				Attachment Act or Commission rule or order alleged to have been violated; each
				such alleged violation shall be stated in a separate count;
18.5. Legal analysis relevant to the claims
				and arguments set forth therein;
18.6. The relief sought, including recovery
				of damages and the amount of damages claimed, if known;
18.7. Certification that the complainant has,
				in good faith, discussed or attempted to discuss the possibility of settlement
				with each defendant prior to the filing of the formal complaint. In disputes
				between businesses, associations, or other organizations, the certification
				shall include a statement that the complainant has engaged or attempted to
				engage in executive-level discussions concerning the possibility of settlement.
				Executive-level discussions are discussions among representatives of the
				parties who have sufficient authority to make binding decisions on behalf of
				the entity they represent regarding the subject matter of the discussions. Such
				certification shall include a statement that, prior to the filing of the
				complaint, the complainant notified each defendant in writing of the
				allegations that form the basis of the complaint and invited a response within
				a reasonable period of time. A refusal by a defendant to engage in discussions
				contemplated by this rule may constitute an unreasonable practice. The
				certification shall also include a brief summary of all additional steps taken
				to resolve the dispute prior to the filing of the formal complaint;
18.8. A statement explaining whether a
				separate action has been filed with the Commission, any court, or other
				government agency that is based on the same claim or same set of facts, in
				whole or in part, or whether the complaint seeks prospective relief identical
				to the relief proposed or at issue in a notice-and-comment rulemaking
				proceeding that is concurrently before the Commission;
18.9. An information designation containing:
18.9.1. The name and, if known, the address
				and telephone number of each individual likely to have information relevant to
				the proceeding, along with the subjects of that information, excluding
				individuals otherwise identified in the complaint or exhibits thereto, and
				individuals employed by another party; and
18.9.2. A copy, or a description by category
				and location, of all relevant documents, electronically stored information, and
				tangible things that the disclosing party has in its possession, custody, or
				control, excluding documents submitted with the complaint.