GREATER MARION P.S.D.

Ee E f y E 0

PO Box 237 Carolina, WV 26563-0237 Phone (304)287-2718

May 19,2008 Public Service Commission 201 Brook Street PO Box 812 Charleston, WV 25323

Dear Ms. Squire: The Greater Marion PSD requests approval for an addition to the existing tariff. The addition is in the form of a contract between Greater Marion PSD and Monongah Municipal Water Works. The contract, if approved, would allow for a residents water service to be terminated if their sewage bill is not paid. I have attached a copy of the contract in its entirety, as well as, the minutes from the April 18,2008 Greater Marion PSD meeting where this contract was unanimously agreed upon by all our members. If there is any other remittance that you need in this matter please contact me. Sincerely,

Melanie Sisk Secretary/ Treasurer Greater Marion PSD

(N)

WATER SERVICE DISCONNECT/RECONNECT/ADMINISTRATIVEFEES For the payment of the fees related to the disconnection of water service for nonpayment of sewer bills, pursuant to an agreement with the Greater Marion Public Service District, the schedule of rates, charges and penalties for the use of and services rendered by the Town of Monongah shall be as follows:

Disconnect/Reconnect/Admhistrative Fees Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service termination agreement with Greater Marion County Public Service District, a disconnection fee of $25.00 shall be charged; or in the event the delinquent sewer bill is collected by the Town of Monongah, an administrative fee of $25.00 shall be charged. Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with Greater Marion County Public Service District, is reconnected, a reconnection fee of $25.00 shall be charged.

(C) Indicates change in text (0) Indicates omission

WATER SERVICE TERMINATION AGREEMENT THIS AGREEMENT, made this day of between, Greater Marion PSD, a public service district of the State (Hereinafter “Sewer Authority”), having its principal office at P.O. WV 26563, and Monongah Municipal Water Works, a municipal Virginia (hereinafter “Water Company”), having its principal office at 430 B Monongah, WV 26554.

WITNESSETH: THAT WHEREAS, the Sewer Authority is engaged in supplying sewer servic@o the citizens and residents within its service area; and WHEREAS, the Sewer Authority is experiencing difficulty in the collection of delinquent sewer fees through statutory means such as the imposition of liens and institution of civil actions; and WHEREAS, a contributing factor to the Sewer Authority’s collection problem is its inability to enforce payment through the termination of sewer service to delinquent customers; and WHERAS, the Water Company is the owner and operator of a water distribution system serving some or all of the customers of the Sewer Authority, under the applicable Rules and Regulations of the Public Service Commission of West Virginia (hereinafter “Commission”); and WHEREAS, the Water Company is required by law, at the request and direction of the Sewer Authority and with the approval of the Commission, to terminate the supply of water from its system to any customer or premises with regard to which the fees for sewer service supplied thereto by the Sewer Authority are delinquent; and WHEREAS, the Water Company is willing to cooperate and assist the Sewer Authority in the collection of its delinquent accounts upon the terms hereinafter set forth. NOW THEREFORE, in consideration of the sum of ONE DOLLAR ($1 .OO) and other good and valuable consideration, the receipt of which is hereby acknowledged, and the convenants hereinafter expressed, the parties hereto do mutually agree that:

1. Upon receipt by the Water Company of a written request by the Sewer Authority for tennination of water service to a specified customer or premises with regard to which the fees for sewer service provided by the Sewer Authority shall not have been paid for a period of not less than sixty (60) days from the due date thereof, together with the hereinafter mentioned fee and affidavit, the Water Company will, within three (3) regular working days following receipt of the aforesaid written request (except as otherwise 1

provided below), discontinue the supply of water &om its system to such customer or premises until it is advised in writing by the Sewer Authority either that (i) all delinquent fees (far whick a customer’s water service may be terminated under this agreement), together with any interest thereon or other permissible charges pertaining thereto, have been paid, or (ii) a satisfactory payment plan has been initiated pursuant to Rule 4.8.g. of the commission’s Rules and Remlations for the Government of Water Utilities (hereinafter “Water Rules”) and Rule 4.8.b.10 of the Commission’s Rules and R e d a t i m for the Government of §ewer Utilities (hereinafter“Sewer Rules”)or (iii) until the Sewer Authority otherwise directs. It is expressly understood and agreed that the three (3) day termination response period set forth above may be extended at the sole discretion of the Water Company to a maximum for (6) days when and if necessary due to a large nuMber of termination requests or for other scheduling problems. The Water Comtrmry shall not terminate water service to any customer or premises pursuant to this Agreement (i) prior to the expiration notice period required by the terms of the Rule 4.8.a.4. ofthe Water Rules, or (ii) service shall not foe discontinued on a Saturday, Sunday, any day that is a fedad or state holiday, a day on which the utility’s business office is not open to accept payment, or on the day before such days, unless an emergency exists. All discmmtim’s of water service shall be p d m e d between the hours of 8:OO a.m. and 4 p.m. or (iii) when so directed by an order of the Commission. 2. The Sewer Authority shall pray to the Water Company, concurrently with &livery of the aforesaid written request for discontinuance of water service, a termination fee €or each water service to be terminated. €athe event, Water Company receives a termination notice for the termination of water service to a speciikd cwtmer OF premises aK1, subsequently dispatches a Water Company employee to said premises to execute the t e e t i o n re4wst but does not actually terminate water service because the customer or otker responsible party delivers payment for the full mount of the delinquent sewer bill(s) to said Water Company employee, then, in that event, the texminaticmfee shall be h d to be a service fee which shall be retz6ned by the Water Company. The Sewer Author& shafi dm pay to the Water Comprany, concurrentfy with a request for restoration of a water service previously terminated at the Sewer Authcxitfs request, a recomedon &e in the mount set forth 0x1the attached Schedule A for each water sewice restored by &e Water Company.

It is understood and agreed that the aforesaid fees for termination and restomtion of water sewice shall automatically increase or &crease without any further notice or action by the Water C m m y , ugm an h m m e or decrease hsuch earrespan&g fees as may now or hereafter be approved by the Commissionan& set forth in the Water Compzmy’s tariffs. Water Company shall promptly notirjl the Sewer Authority in the event of a change in the fees for terminationand/or restoration of water service ancX the Sewer Authol.ity shdl promptlly there&er make asa qpropriate filing with the Commission to mend its tariffs a m w y .

The customer shall reimburse the Sewer Authority for any termination and reconnection fees, or other costs previously paid by the Sewer Au;t)aasity4th regad to such custmer, providedsaid customer is notified pursuant to Water Rule 4.8.a. I I that in

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the event water service is terminated the customer will be responsible for such fees charged to the Sewer Authority by the Water Company and that these fees and charges be specifically express in the termination notice. 3. The Sewer Authority shall deliver to the Water Company, concurrently with the delivery of the aforesaid written request for termination of water service and the aforesaid termination fee; an affidavit executed by an officer or authorized employee of the Sewer Authority stating:

(a) that the delinquent sewer fees upon which the Sewer Authority’s request for termination of water service is based were incurred by the present occupant of the premises or a member of the same household or that someone other than the occupant of the premises is liable for the payment of the delinquent sewer fees. (b) that the Sewer Authority has given written notice to one or more persons liable for the payment of the delinquent sewer fees, pursuant to the aforesaid Sewer Rule 4.8.b.3.of the Commission’s rules, of the Sewer Authority’s intention to request termination of water service, a copy of which notice shall be attached to said affidavit.

4. The Water Company shall not be liable for any loss, damage or other claim asserted by the owner or occupant of the premises, the Sewer Authority’s customer, the Water Company’s customer or any other person or corporation, including the Sewer Authority, based on or arising out of the termination of such supply of water, and the Sewer Authority does hereby indemnify and save harmless the Water Company, its agents, officers, servants and, employees, from any such loss, damage or other claims, including counsel fees and expenses incurred in connection therewith, except to the extent that any such loss, damage or claim, or portion thereof, is finally adjudicated to be the proximate result of the negligee, omissiam of wilW acts ofthe W a t Cmpazy, ~ its & employees. In this regard, the Sewer Authority m e r agrees as follows: (a) the Sewer Authority shdl provide the Water Company a working telephone number to which customer inquires resulting fkom termination of water service at the request of the Sewer Autho~ttyfor delinquent sewer bills may be referred.

(b) the Sewer Authority shall be responsible for promptly answering all complaints, either verbal or written, lodge with the Commission, or received by or directed toward the Water Company, due to termination of water service at the request of the Sewer Authority €ordelbqw~tmwm bib. The Water CQEB~~T~RY s M promp2y € m a d my such complaints received by it to the Sewer Authority.

(c) the Sewer Authority shall be responsible for collections of all delinquent sewer bills, and no collections for delinquent sewer bills shall be made by the Water Company at their o%tx or the offiw of my of .their agents9~ M pursuant S tcr a separate written agreement between the parties hereto; provided, however, that Water Company shall accept paymeat ofthe entire m o m ofthe dekquent sewer bilt(s) at a custamer’s premises in lieu of termination of sewice as required.

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5. This Agreement shall become effective upon receipt by Water Company of an original duly executed by both parties hereto, shall continue thereafter for a period of ten (10) years and shall automatically be renewed €or like successive periods unless and until terminated as hereinafter provided. This agreement may be terminated at anytime by order of the Commission or by either party hereto upon Written notice in the event of legislative enactments, court rulings or administrative rulings which render all or my of the terms hereof null, void or unenforceable, OT counterpart hereof,

6. It is understood and agreed by the parties hereto that the Water Company may be required to comply with any existing or future regulations of the Commission relating to notice of termination of service, in addition to any other notice that might be required under this contract OT any applicable statute or ordinance. It is further understood and agreed by the parties hereto that the Water Company is under no obligation to the Sewer Authority to investigate, verify OT make any inquiry in respect of my affidavit or notice submitted to the Water Company by the Sewer Authority.

7. The Sewer Authority shall deliver all written requests, statements, fees, notices and other documents or payments called for or permitted by the tems of this agreement to the Water Company at the following address: MONONGAH MUNICIPAL WATER WORKS 430 BRIDGE STREET MONONGAH, WV 26554 8. The Water Company shall deliver all statements, notice and other documents called for or permitted by the terms of this agreement to the Sewer Authority at the following address:

9. This agreement may be executed in any number of comterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same htrunent. Upon execution by both parties hereto, the Water Company shall file one counterpart of this agreement with the Commission.

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IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed and attested by their proper officers and their respective seals, if any, to be hereto affixed the day and year first above written. GREATER MARION PSD

ATTEST: By:

Secretary

(SEAL)

MONUNGAH MUNICIPAL WATER WORKS /?

ATTEST: By:

Secretary

(SEAL)

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SCIWDULE A

FEES FOR THE DIWOMCTIOPJ And RECONNECTION OF WATER SERVICE DISCONNECTIONS FEE:

$25.oo

RECONNECTION FEE:

$25.00

ADMINISTRATION FEE: $25.00 (1) The disconnection fee shall increase or decrease automatically, without notice, with any increase or decrease in such corresponding fees as may now or hereafter be approved by the Public Service Commission of West Virginia and set forth in the Water Company’s tariffs. In the event water service is not disconnected because of the paymen&at the customer’s premises, of the hll amount of the delinquent sewer bill@) owed, the disconnection fee shall be deemed to be a service fee of the same amount which shall be retained by Water Company.

(2) The rwmection fee shall increase or decrease automatically, without notice, with any increase or decrease in such corresponding fees as may now or hereafter be approved by the Public Service Conmission of West Virginia and set forth in the Water C~mpany’stariffs. (3) Tlie administration fee shall increase or decrease automatiicdfy, without notice, with any increase or decrease in such corresponding fees as may now or hereafter be approved by the Public Service Commission of West Virginia and set forth in the Water Company’s tariffs. “his fee is applicable whepll st Water G e m p y employeeis dispatched to said premises to execute a termination request but does not actually &mimati;w&r sewbe because the customer or other r~spnsibbparty delivers payment to the Eull amount: of the delinquent bill@)to said Water Company employee.

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DATE: TO: Monongah MUnicipal Water Works 430 Bridge Street Monongah, WV 26554

\.

(address)

(Sewer Account) @elinquait Amourit)

FROM:

Request is hereby made for the termination of water serviceto the referenced persodproperly pursuant to the terms ofthe Water Service Termination Agreement heretofore entered into between Monongah Municipal Water works and the above-named sewer authority, In support of this request, the undersigned, being first duly sworn, does hereby depose and,state as fdlows. 1. The delinquent sewer fees upon which this request for termination of xiter service is based were incurred by: (a) the present occupant ofthe referenced premises or a member of the Same household; or (b) being someone other than the occupant ofthe re€ereacedpraises, who is liable for the payment of the deliittent sewer fees. 2. Written notice of the intention to request for termination of water service, a copy of which i s attached hereto, has been given pwswrtt to the h b l k Sacsrice Commission’s Rules and Regulations for the Government of Sewer Utiiities to one or more persons liable for the pymerrt ofthe delinquent sewer fees. 3. A disconnectionfee in the amount of $25.00 is submitted herewith. 4. The ~ ~ dis w officer ~ ~or employee s i ofthe ~ a ~~ o~ v sewer ~ autkority ~ a ~and~is duly authorized to make this request.

Sworn to and subscribed before me this

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day of

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REOWST FOR WATER SERVICE RESUMPTION DATE.: TO: Monongah Municipal Wakr Works 430 Bridge Street Monongah, %W26551

(Sewer Account Number) (Delinquent Amount)

FROM:

Please resume water service to the referenced persodproperty in consideration of a rewm-ion fee or $25.00, payment of which is submitted herewith. The delinquent fewer charges for which water service to the referenced persodproperty was previously terminated: (markwith an X on appropriate line) have been paid in €1.111

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Meeting Minutes April 18,2008 All PSD members were present at this meeting Upon calling the meeting to order each member unanimously voted our members in as follows: Paul Morris, President Heather Ribel, Vice President Melanie Sisk, SecretarylFreasurer It was discussed that we should give Carol Brooks, Billing Agent for the PSD, a money bag with $150.00 in change so that she could make change for sewage deposits as needed. Melanie Sisk called the motion and Heather Ribel seconded the motion. 0

It was agreed by all members to reimburse Heather Ribel for all supplies purchased by her for the PSD as well as the hotel room she paid for when attending a special meeting in Charleston, WV on April 2,2008. John Campbell, a resident of Maple Street, Idamay, WV, spoke at the meeting concerning his sewage issues. He has a 360 degree moat of sewage around his house resulting from a pit on High Street overflowing constantly. The board agreed to investigate his issue with the Town of Worthington.

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It was agreed by all PSD members that the monthly public meeting for the Greater Marion PSD be held at 1 PM on the third Saturday of each month unless said members needed to change it due to Holiday or other reason. It was agreed by all PSD members that the fiscal year should begin on July l@ of each year and that June 1'' of each year be the beginning of the budget year.

It was agreed by all members unanimously that the contract presented by Monongah Municipal Water Works to us was a good contract and should be submitted for approval by the PSC so that residents that do not pay their sewage bills can have their water service terminated unless arrangements are made. 0

The Bylaws of the Greater Marion PSD were discussed by members so as to familiarize ourselves with policy and procedure.

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It was agreed that we, the Greater Marion PSD, would obtain James Watkins Jr. as our attorney. Melanie Sisk wrote checks to each member, herself included, for payment of meetings attended. Meeting was adjourned.