West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-40 - Trench Sharing Rules › Section 150-40-2 - Application of rules; Formal Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
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.