, Inc. LEGAL SERVICES 1 800 Cabin Hill Drive Greensburg, PA 15601-1689 PH: (724) 838-6143 FAX: (724) 838-6464 [email protected] VIA FEDEX

rv Febniary 5,2007 c3 v, 9s

Ms. Sandra Squire Executive Secretary cn Public Sewice Conmission of West ZD PO Box 812 3 Charleston, WV 25323

Re: Lesa McCarty v. Monongahela Power Company dba Allegheny Power Case No. 07-01 10-E-C

Dear Ms. Squire:

Enclosed for filing please find an original and twelve copies of Monongahela Power Company’s Answer in the above-referenced matter. A copy has been served upon Coinplainant by First Class U.S. Mail.

Sincerely,

Senior Attoiiiey WV State Bar No. 2009

EGK: sac

Em.

cc: See Certificate of Service

Allegheny Energy Supply Allegheny Power Allegheny Ventures THE PUBLIC SERVICE COMMISSION OF CHARLESTON

CASE NO. 07-01 IO-E-C

LESA MCCARTY cn Complainant

V.

MONONGAHELA POWER COMPANY dba ALLEGHENY POWER

Defendant

ANSWER

Monongahela Power Company, dba Allegheny Power (“Allegheny Power”), for answer to the Complaint in this proceeding, on information and belief says:

1. Allegheny Power denies that it has violated the provisions of West Virginia

Code Chapter 24, the Commission Rules for the Government of Electric Utilities or its own rules and regulations.

2. Complainant complains about damage to electronics caused by a single power surge incident that occurred on January 6, 2007, and requests the following remedy, “To replace items that were damaged.” Complaint at Paragraph 2(b).

3. The Commission does not have the jurisdiction to award Complainant‘s requested remedy - damages. 4. Allegheny Power investigated the January 6, 2007, outage, did not discover any damage to its facilities, and reenergized the line without any repair. Allegheny

Power's facilities are operating normally.

5. On January 6, 2007, contractors building a road were working in the area of

Allegheny Power's line, and this is the most likely cause of the incident.

6. The lack of damage to Allegheny Power's facilities as a result of the incident has made it more difficult for Allegheny Power to determine the location of the incident and the responsible party. For this reason, Allegheny Power has decided to process the damage claims of customers resulting from this incident. Allegheny Power will be contacting the customers affected, including Complainant shortly.

For the reasons that (I) the Complainant is requesting damages which is outside the jurisdiction of the Commission; (2) Complainant's claim will be processed by

Allegheny Power; and (3) Allegheny Power has complied with all the rules and regulations of its tariffs, Commission Rules and the laws of the State of West Virginia, Allegheny

Power prays that the Complaint in this proceeding be dismissed.

Respectfully submitted, MONONGAHELA POWER COMPANY

J2LkLdU Edward G. Kennedy, E&(State Bar #2009) John L. Munsch, Esq. Allegheny Power 800 Cabin Hill Drive Greensburg, PA I5601 724-838-6143

-2- VERIFICATION

,.. :.... ., , ' ..:,;.:>...... STATE OF , ". , ...... ;

,.

COUNTY OF ALLEGANY, TO WIT: , .. ,. .. ,..

April E. McKentie, Specialist, Commissions; Allegheny Power, being duly :.'... .'. '.I. 1.1 :.

. .I. sworn, says that the facts and allegations therein contained,are true, except so far as they , :'

. .'. , . ..,... : ' are therein stated to be on information, and that, so far as they are,therein stated to be on . ". :'. ,. ' information, she believes them to be true......

...... '...'. ....

.. . ' . ,. ./, ..

.. Taken, sworn to and subscribed before me this 5 day of February 2007. ' " , ' 1.. ; My commission expir,es J"k I, 20OP

I .. CERTIFICATE OF SERVICE -%L I hereby certify that on this 4- day of February, 2007, a copy of the foregoing Answer was sent by U.S. Mail, First Class, to:

Lesa McCarty Rt 4 Box 219 Salem, WV 26426