At a session of the Public Service Commission of West Virginia, in the City of Charleston, on the 5* day of March, COMMISSION ORDER BACKGROUND

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1 -&, - '1 PUBLIC SERVICE COMMISSION t.. ', 1 L-. 1 OF WEST VIRGINIA * J- - ( CHARLESTON c'; com wpd At a session of the Public Service Commission of West Virginia, in the City of Charleston, on the 5* day of March, CASE NO G-C MARY ELIZABETH LIVELY * Avenue Parkersburg, Wood County, V. HOPE GAS, INC., doing business as DOMINION HOPE, a public utility, Complainant, Defendant. COMMISSION ORDER This complaint case shall be referred to the Division of Administrative Law Judges for determination of the issues outlined herein. BACKGROUND On November 22,2002, Mary Elizabeth Lively filed a formal complaint against Hope Gas, Inc., doing business as Dominion Hope (Hope). Ms. Lively alleged that she had a gas line leak between the meter and the road. According to the complaint, Hope advised Ms. Lively that it was her responsibility to repair the leak. Ms. Lively alleged that it was Hope's

2 responsibility to repair the leak. Further, Ms. Lively was advised by Hope that she would have to have a licensed plumber that had taken Hope s training class perform the work. Ms. Lively asserted that she could not afford to have the service performed and requested that Hope take responsibility for the repair. After receiving an extension of time, Hope filed its answer on December 6, Hope denied that the gas leak was in its pipeline. Rather, Hope asserted that the leak was in the customer service line and was Ms. Lively s responsibility. In support of its directive to Ms. Lively, Hope referenced the recent applicability of a federal regulation contained in 49 C.F.R. Part 192. According to Hope, the regulation sets forth operator qualifications for individuals performing repairs to customer service lines. Finally, Hope indicated that the line had been repaired and requested that the complaint be dismissed. On January 2, 2003, Staff filed its Initial Joint Staff Memorandum. Staff indicated that even though the repairs had been completed Ms. Lively did not want the complaint to be dismissed. According to Staff, Ms. Lively paid $ to have her 25 foot service line replaced. Staff noted a discrepancy between the federal definition of customer service line and the Commission s regulations regarding responsibility for maintenance of such lines. Staff agreed with Hope that the complaint should be dismissed. 2 Charleston

3 However, Staff was concerned that the new regulations would initially act to suppress the market as there would be a shortage of qualified plumbers. Staff believed that an active program of public information should be initiated to let the public know of the regulation and to encourage plumbers to obtain training as quickly as possible. StafT opined that these matters could be accomplished be requiring Staff to petition for a general investigation or by issuing a general order requiring immediate public information efforts as well as active training programs as soon as possible. DISCUSSION It is not appropriate to make a final determination on any of the issues presented in this case at the present time. The precise location of the leak and the specific nature of the work performed must be determined. Only after the location of the leak has been determined can responsibility for the repair be resolved. The answer to that question will depend upon an analysis of how the applicable federal regulations and Commission rules impact responsibility for repair. Finally, an analysis of whether and how the referenced federal regulations pertaining to operator qualification of pipeline personnel apply in this instance is necessary. Accordingly, the Commission concludes that it is appropriate to refer this matter to the Division of Administrative Law Judges for a decision on the issues outlined above and 3

4 any other issues that may become apparent during the processing of this case. FINDINGS OF FACT 1. On November 22, 2002, Mary Elizabeth Lively fded a formal complaint against Hope regarding responsibility for repair of a gas line leak between the meter and the road. Ms. Lively alleged that it was Hope s responsibility to repair the leak. Further, Ms. Lively was advised by Hope that she would have to have a licensed plumber that had taken Hope s training class perform the work. 2. In its answer, Hope asserted that the leak was in the customer service line and was Ms. Lively s responsibility. In support of its directive to Ms. Lively regarding plumber qualifications, Hope referenced the recent applicability of a federal regulation contained in 49 C.F.R. Part 192. Because the line has been repaired, Hope requested that the complaint be dismissed. 3. On January 2, 2003, Staff filed its Initial Joint Staff Memorandum. Staffnoted a discrepancy between certain applicable federal regulations and Commission rules regarding responsibility for customer service lines. Staff agreed with Hope that the complaint should be dismissed. However, Staff expressed concern that application of the new operator qualification regulations would initially act to suppress the market as there would be a 4 Charleston

5 shortage of qualified plumbers. CONCLUSION OF LAW The Commission concludes that it is appropriate to refer this matter to the Division of Administrative Law Judges for a decision on the issues outlined above and any other issues that may become apparent during the processing of this case. ORDER IT IS, THEREFORE, ORDERED that this proceeding be referred to the Division of Administrative Law Judges, for a decision to be rendered on or before September 29,2003. IT IS FURTHER ORDERED that if the participants desire an extension of the foregoing decision due date, they may seek an extension only upon formal application to the Commission. 5

6 ~~ ~ ~~ ~~ IT IS FURTHER ORDERED that the Codssion's Executive Secretary serve a copy of this order upon all parties of record by United States First Class Mail and upon Commission Staff by hand delivery. v J es D. Williams, Chairman Charlotte R. Lane, Commissioner JMWsek c.wpd > 6