W. Va. Code R. § 150-17-2

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-17-2 - PROCEDURE FOR COUNTY PLANS

2.1 Within ninety (90) days of June 6, 19-8 6, each county commission shall determine whether the county will develop a county plan as required by West Virginia Code § 16-13A-lb, or whether the county will have the Public Service Commission staff" develop the plan with the county's assistance. Immediately after making such determination, the county commission shall notify the chairman of each public service-district in the county of its decision. The county plan shall be developed in accordance with these rules and provide the information herein required.

2.2 Within fourteen (14) days after receiving the notice required by Rule 2.1, the chairman of each public - service district, or his designated representative, shall submit to the county commission and the Public Service Commission a Public Service District Profile, which shall contain general information about the size, location, history, personnel, operations, and finances of the district, and in which the district expresses its opinion regarding dissolution or consolidation or merger with other districts and which lists maj or strong areas and maj or problem areas of the district. The Public Service District Profile shall contain the information indicated in District Form A which is available in the office of the Executive Secretary of the Public Service Commission.

2.3 The county commission or Public Service Commission Staff -shall supply or obtain the specific information hereinafter required from the chairman,of each public service district or his designated representative. The county commission and public service district board(s) shall consult with each other in the development of the county plans prior to the submission of the plan to the Public Service Commission.

2.4 The public service district(s) within the county shall be consulted by and shall cooperate to the fullest "extent with the county commission and/or Public Service Commission Staff in providing information necessary to complete the county plans in accordance with these rules.

2.5 Upon completion of a county plan developed by the Public Service -Commission Staff, the plan shall be. submitted to the county commission for review and comment. The county commission shall solicit comments and recommendations from each active public service district as part of its review of. the plan. The county commission must submit to the Public Service Commission its final plan showing any modifications to the Staff plan within six (6) months of the date the plan is submitted to the county commission.

2.6 A plan developed by a county commission shall be submitted to the Public Service Commission within one (1) year of"the date that the county elects to develop the plan. The plan shall be made available to active public service districts for review and comment prior to submission of the plan to the Public Service Commission. At the time the plan is filed with the Public Service Commission the county commission shall submit any public service district comments or recommendations along with the plan.

2.7 In a case in which the county commission(s) or the Public Service Commission Staff believes it is feasible to develop a multi-county plan, such as in the case that two or more counties are served, or would be better served, by the same public service district, the county commission or Public Service Commission Staff shall request, by petition, that the Public Service Commission investigate the possibility of developing a multi-county plan. Such petition shall specifically state the benefits of a multi-county plan and why such a plan should be considered instead of a single county plan for each of the counties involved.

W. Va. Code R. § 150-17-2