PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON * * * * * * * * * Joan E. Sexton and Bervella * K. Mayhew * v. * 12-0926-W-C Pines Mobile Home Court * * * * * * * * * * HEARING TRANSCRIPT * * * * * * * * * BEFORE: KEITH A. GEORGE, Administrative Law Judge HEARING: Thursday, December 13, 2012 2:00 p.m. LOCATION: Hampshire Co. Courthouse Courtroom, 2nd Floor 66 N. High St, Romney WV

Reporter: Barbara J. Jones

Any reproduction of this transcript is prohibited without authorization by the certifying agency.

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1 A P P E A R A N C E S 2 3 JOAN SEXTON, PRO SE 4 5 LEONA COLEMAN, PRO SE 6 7 DAWN ANDERSON, PRO SE 8 9 JOHN D. LITTLE, ESQUIRE 10 State of West Virginia 11 Public Service Commission 12 201 Brooks Street 13 P.O. Box 812 14 Charleston, WV 25323 15 Counsel for Staff 16 17 18 19 20 21 22 23 24 25

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1 INDEX TO WITNESSES 2 3 DISCUSSION AMONG PARTIES 8 - 12 4 WITNESS : JOAN SEXTON 5 TESTIMONY 6 By Ms. Sexton 12 - 20 7 DIRECT EXAMINATION 8 By Ms. Coleman 20 - 22 9 CROSS EXAMINATION 10 By Ms. Anderson 22 - 31 11 DISCUSSION AMONG PARTIES 31 - 33

12 WITNESS : STACY THOMPSON 13 DIRECT EXAMINATION 14 By Ms. Sexton 33 15 EXAMINATION 16 By Judge George 33 - 34 17 CROSS EXAMINATION 18 By Ms. Anderson 35 19 WITNESS : LEONA COLEMAN 20 TESTIMONY 21 By Ms. Coleman 36 - 55 22 CROSS EXAMINATION 23 By Ms. Anderson 55 - 69 24 25

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1 INDEX TO WITNESSES (cont'd) 2 3 WITNESS : EDWARD HAMILTON 4 DIRECT EXAMINATION 5 By Ms. Coleman 70 - 75 6 CROSS EXAMINATION 7 By Ms. Anderson 75 - 79 8 CROSS EXAMINATION 9 By Attorney Little 79

10 WITNESS : DAWN ANDERSON 11 DIRECT EXAMINATION 12 By Attorney Little 80 - 99 13 CROSS EXAMINATION 14 By Ms. Sexton 99 - 100 15 CROSS EXAMINATION 16 By Ms. Coleman 101 - 102 17 EXAMINATION 18 By Judge George 102 - 104 19 DISCUSSION AMONG PARTIES 104 - 105 20 WITNESS : DAVE HOLLEY 21 DIRECT EXAMINATION 22 By Attorney Little 105 - 114 23 CROSS EXAMINATION 24 By Ms. Coleman 115 - 118 25

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1 INDEX TO WITNESSES (cont'd) 2 3 CROSS EXAMINATION 4 By Ms. Anderson 118 - 119 5 WITNESS : DWAYNE BEVINS 6 DIRECT EXAMINATION 7 By Attorney Little 120 - 124 8 EXAMINATION 9 By Judge George 125 - 127 10 CROSS EXAMINATION 11 By Ms. Sexton 128 - 130 12 CROSS EXAMINATION 13 By Ms. Coleman 130 - 132 14 CROSS EXAMINATION 15 By Ms. Anderson 132 - 133 16 REDIRECT EXAMINATION 17 By Attorney Little 133 - 135 18 DISCUSSION AMONG PARTIES 135 - 137 19 CERTIFICATE 138 20 21 22 23 24 25

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1 E X H I B I T S 2 3 Page 4 Number Description Offered 5 Sexton: 6 One Statement of Rent 10/1/12 14 7 Two Statement of Rent w/Note 11/1/12 14 8

9 Coleman: 10 One Statement of Rent 10/1/12 46 11 Two Statement of Rent 11/1/12 46 12 Three Statement of Rent 9/1/12 46 13 Four Statement of Rent 12/1/12 46 14 Five Statement of Rent 10/1/12 50 15 Six Statement of Rent 11/1/12 50 16 Seven Statement of Rent 9/1/12 50 17 Eight Letter of November 3, 2012 50 18 19 Pines: 20 One Letter of March 21, 2012 24 21 Two Magistrate Documents 29 22 Three Water bills 68 23 Four Accounting Document 85 24 25

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1 E X H I B I T S (cont'd) 2 3 Page 4 Number Description Offered 5 Staff: 6 One Staff Final Memorandum 60 7 Two Partial Response to Staff's Data 8 Request 84 9 Three Packet of Documents 85 10 Four Photo 107 11 Five Photo 108 12 Six Photo 108 13 Seven Photo 108 14 Eight Photo 108 15 Nine Photo 109 16 Ten Photo 109 17 Eleven Final Internal Memorandum 113 18 19 20 21 22 23 24 25

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1 P R O C E E D I N G S 2 ------3 JUDGE: 4 Good afternoon. My name is Keith A. 5 George. I'm an Administrative Law Judge with the Public 6 Service Commission of West Virginia. We're here for a 7 hearing in case number 12-0926, Sexton and Mayhew versus 8 Pine Mobile Home Court. Leona Coleman was also added as 9 a party. Ms. Sexton, you're here today?

10 MS. SEXTON: 11 Uh-huh (yes). 12 JUDGE: 13 And you're representing yourself; is 14 that right? 15 MS. SEXTON: 16 Yes. Well, I have Ms. Leona with me 17 because I can't read and write that good so she helps me 18 on what I have to understand. 19 JUDGE: 20 Okay. And Ms. Mayhew? 21 MS. SEXTON: 22 She’s not here. She moved out. 23 JUDGE: 24 Okay. And Ms. Coleman? 25 MS. COLEMAN:

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1 Yes. 2 JUDGE: 3 And you're representing yourself? 4 MS. COLEMAN: 5 Yes. 6 JUDGE: 7 Okay. 8 MS. COLEMAN: 9 I also have someone else representing 10 the Hamiltons in Lot 5 in the trailer court, their son.

11 JUDGE: 12 Okay, at this point the only parties to 13 the case are Ms. Sexton and Ms. Coleman --- 14 MS. COLEMAN: 15 Okay. 16 JUDGE: 17 --- but you're free to call anyone you 18 want as a witness. 19 MS. COLEMAN: 20 Okay. 21 JUDGE: 22 Including the neighbor that's here at 23 the table with us, what was her name?

24 MS. COLEMAN: 25 Thompson.

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1 JUDGE: 2 Thompson, okay. And the Pines Mobile 3 Home Court is here? Okay. And your name is? 4 MS. ANDERSON: 5 Dawn Anderson. 6 JUDGE: 7 Okay. And do you own the mobile home 8 court?

9 MS. ANDERSON: 10 No, sir. 11 JUDGE: 12 What's your relationship to them? 13 MS. ANDERSON: 14 I'm the Superintendant. 15 JUDGE: 16 Superintendant, okay. And who owns the 17 mobile home court? 18 MS. ANDERSON: 19 Patty and Sidney Jenkins. 20 JUDGE: 21 Okay. 22 ATTORNEY LITTLE: 23 Staff, John Little, Public Service 24 Commission. 25 JUDGE:

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1 Okay, very well. I'm going to place 2 the witnesses in this chair. When you're acting as a 3 witness, whoever you are, I'm going to put you over in 4 this chair. Ms. Sexton and Ms. Coleman are the 5 Complainants in this case, you have the privilege of 6 going first; you also have the burden of proof. You need 7 to prove to me, I guess first of all, that the Pines 8 Mobile Home Court is acting as a public utility in West 9 Virginia or is acting such that the Commission should be 10 regulating them and then, beyond that, that they're 11 acting in some manner in an unreasonable fashion. So 12 I'll let Ms. Sexton go first. You can call witnesses 13 or ---.

14 MS. SEXTON: 15 Well, I need her to help because I 16 can't read and write so she's helping me with this. 17 JUDGE: 18 Okay. Do you want to testify, Ms. 19 Sexton? 20 MS. SEXTON: 21 Well, what it is is I was paying 22 one ---. 23 JUDGE: 24 If you want to tell me something, that 25 means you want to testify.

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1 MS. SEXTON: 2 Yes. 3 JUDGE: 4 Okay, so if you don't mind going to the 5 chair and the court reporter can place you under oath. 6 ------7 JOAN SEXTON, HAVING FIRST BEEN DULY SWORN, TESTIFIED AS 8 FOLLOWS: 9 ------

10 JUDGE: 11 Okay, Ms. Sexton, what do you want to 12 tell me? 13 A. Okay, I moved to the Pines Trailer Court two 14 years ago. My lot rent was only $170. The understanding 15 was, verbally, that the water and septic was included. 16 Okay, as of the first of the year it went up to $200. 17 Ms. Anderson said due to the water usage, we have to 18 raise your lot rent from $170 to $200 and that was okay, 19 I can understand that. I only get $698 for SSI. Now all 20 of a sudden they put these water meters on and I'm paying 21 13 percent of the water usage, which I'm paying $300 and 22 some now just for lot rent and water alone. And my rent 23 is $450, that's including the lot rent and then I have to 24 pay the water bill over that. 25 JUDGE:

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1 What did you say your rent was? 2 A. My rent is --- well, my landlord's only charging 3 me $250 for rent and I pay the lot rent, which is $200 4 now, so that's $450. 5 JUDGE: 6 So you rent the mobile home and then 7 you rent the lot? 8 A. Yes.

9 JUDGE: 10 Okay. And then you have ---? 11 A. That's included in my rent, I pay it all. 12 JUDGE: 13 And then you have a separate water 14 bill? 15 A. Yes, which is the utility bill, water bill, you 16 can see that I have to pay another $156 --- or no, was 17 that $115.26, which I have to give to my landlord 18 tomorrow for the water because he covered it for me 19 knowing that I'm on disability. And I can't keep 20 affording this and I know anyone else in the trailer park 21 can't because we were fine with just the lot rent for 22 $200, they raised it to $200 from one $170 due to the 23 water usage, which was $35 dollars; we were all fine with 24 that. But a lot of us are on a fixed income in the 25 trailer park and can't afford it. Nobody pays a $300 and

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1 some dollar lot rent and water bill together. 2 JUDGE: 3 I'm going to keep these; is that all 4 right? 5 A. That's fine. 6 JUDGE: 7 I'm going to mark these as Sexton 8 Exhibits One and Two. 9 (Sexton Exhibit One and Two marked for 10 identification.) 11 A. And I mean, we took Ms. Anderson's word that 12 when the water went from --- I mean the lot rent went 13 from $170 to $200, the $30 was due to the water usage, 14 then all of a sudden the water meters appeared and it 15 doesn't make sense because why charge us the extra $30 on 16 the lot rent if we're going to pay over that for the 17 water usage, which is a utility bill in my book. It's 18 not in with the lot rent.

19 JUDGE: 20 You want to see these exhibits? 21 A. And I know a lot of trailer parks they include 22 the water and sewage in with the lot rent, that's all one 23 lump sum. When you pay the rent, it’s all one bill. The 24 rent --- 25 JUDGE:

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1 When did they ---? 2 A. --- fluctuates. 3 JUDGE: 4 When did they put the meters in? 5 MS. COLEMAN: 6 Yours went in before mine. 7 A. I'm not sure. 8 MS. COLEMAN: 9 June maybe. 10 A. Maybe June or July.

11 JUDGE: 12 Okay, at this point she's the only one 13 that --- 14 A. Probably I think --- 15 JUDGE: 16 --- should be talking. 17 A. --- June or July they went in. I mean I had 18 sent the pictures in; it should have a date on the 19 pictures when I took them. 20 JUDGE: 21 Okay, so they put the meters in this 22 summer and ---? 23 A. Yeah, they haven't been in long.

24 JUDGE: 25 And when did you start receiving water

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1 bills? 2 A. Well, I just got these three water bills that I 3 had to cover. 4 JUDGE: 5 So you’ve had three water bills? 6 A. Yes. 7 JUDGE: 8 And you get one once a month? 9 A. Yes. I pay that separate from my rent because 10 my lot rent and my rent's paid together, $450. Plus I 11 pay water separate.

12 JUDGE: 13 Okay. And what else do you want to 14 tell me? 15 A. Well, more or less they're saying if I don't pay 16 the water I have to move. I have nowhere to go. And my 17 landlord's saying Joan, I can't keep picking it up, which 18 I understand where he's coming from because really he's 19 only charging me $250 for rent because I'm paying the 20 $200 for the lot rent plus the water usage. And pretty 21 much Dawn and them are saying that if I don’t pay the 22 water bill, I have to move. I have nowhere to go; this 23 is the only home I have. I did live on Birch Lane for 11 24 years. They were going to sell the building so I rented 25 a trailer in the Pines Trailer Park from Judson Eversole,

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1 which is my landlord. And I pay the lot rent money to 2 him which goes to Sid Jenkins. 3 And I mean it fluctuates. I mean the rent goes 4 up, it goes down. I mean the water, it's just crazy, no 5 one can afford it. I only get $698 a month which I have 6 to pay $450 for rent, my water bill, which I have a life 7 insurance policy, you have electric, you know, you have 8 to survive. And I mean I can't do it. I had to pull a 9 roommate in, he's trying his best to do what he can but 10 he doesn’t have full-time work, but I can't do it on my 11 own.

12 JUDGE: 13 So --- 14 A. He's there because --- 15 JUDGE: 16 --- what kind of sewer ---? 17 A. --- I can't do any heavy lifting at all. 18 JUDGE: 19 What kind of sewer service do they 20 provide? 21 A. They what? 22 JUDGE: 23 What kind of sewer service do they 24 provide? 25 A. They don't. We just have a meter. They just

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1 add it on there as sewage. 2 JUDGE: 3 I mean the water leaving your mobile 4 home is going to a septic tank or is it going ---? 5 A. As far as I know it should be, yes. 6 JUDGE: 7 Okay. 8 A. But I'm not sure.

9 JUDGE: 10 You don't know if there's a public 11 sewer out there? 12 A. No. I don't. 13 JUDGE: 14 Okay. And the water that the mobile 15 home park sells you, do you know if it comes from a 16 different source? 17 A. The water company --- I mean the trailer park 18 comes from the water company. 19 JUDGE: 20 Okay, so they ---? 21 A. It all comes in at one time, right. 22 JUDGE: 23 They buy it ---? 24 A. In one bill. 25 JUDGE:

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1 They buy it from the water company and 2 then ---? 3 A. Yes. 4 JUDGE: 5 Okay. 6 A. It's set at one price. 7 JUDGE: 8 Okay, what else do you want to tell me? 9 A. That's just mostly --- I mean I just want it to 10 go back to the way it was where it was included in the 11 lot rent because I can't afford to be paying $300 12 something for lot rent and water and sewage. No one can 13 in the trailer park. I speak for all of us.

14 JUDGE: 15 Did you have any sort of written 16 contract with the trailer park about your lot rent? 17 A. When I moved there two years ago it was included 18 in the lot rent. 19 JUDGE: 20 Okay. And was there anything in 21 writing about that? 22 A. Not to my knowledge. But Ms. Anderson verbally 23 said in January when --- I think it was January, when 24 they raised the lot rent from $170 to $200 due to the 25 water cost, we have to raise the lot rent $30 more

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1 because of the water. I was fine with that, I could 2 swing that. But I can't swing this other, it's 3 impossible. 4 JUDGE: 5 Okay, and then when the meters came in 6 you started getting water bills, they didn't reduce it 7 back to $170? 8 A. No, it's still $200 a month ---

9 JUDGE: 10 And they added --- 11 A. --- is what I pay. 12 JUDGE: 13 --- the water bill on top of that? 14 A. Right. 15 JUDGE: 16 Okay, anything else you want to tell 17 me? 18 A. That's about it at the moment. 19 JUDGE: 20 Okay, Ms. Coleman, do you have any 21 questions for Ms. Sexton? You can ask her questions. 22 DIRECT EXAMINATION. 23 BY MS. COLEMAN: 24 Q. You have problems with the water bill? 25 A. Yes. Our water ---.

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1 Q. Is this what has to be removed --- 2 A. Okay, when --- 3 Q. --- or be fixed? 4 A. --- my kitchen sink, we had to have the water 5 lines fixed because they go up and they turned the main 6 water line off to put the pipes in. The water company 7 did not come out and do that, they did it upon their 8 selves. When they did that, it busted the lines under 9 the sink, I had to have my landlord come in and replace 10 them. Now, when I wash clothes it smells like a raw 11 sewage coming up into my sink and that's not very health 12 wise. And I don’t even drink the water, it's been 13 tested, you do not want to drink that water in the Pines 14 Trailer Park. We go to the Gap. I'm not embarrassed to 15 admit that I buy spring water or I go to the Gap to get 16 my water. It's not safe to drink.

17 JUDGE: 18 When you say you go to the Gap, can you 19 help me understand what that means? 20 A. It's a spring down in Romney on the right hand 21 side off of Route 50 --- 22 JUDGE: 23 Okay. 24 A. --- that everybody goes to. 25 JUDGE:

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1 You can ---. 2 A. I mean I been there for 25 years I been in West 3 Virginia. 4 JUDGE: 5 Okay. 6 A. That's where we get our water. Or I buy it at 7 the Dollar Store or Food Lion. 8 JUDGE: 9 Okay, any other questions for her, Ms. 10 Coleman?

11 MS. COLEMAN: 12 No, I think that covers it. 13 JUDGE: 14 Okay. Ms. Anderson, do you have any 15 questions for her? 16 MS. ANDERSON: 17 Yes. 18 CROSS EXAMINATION 19 BY MS. ANDERSON: 20 Q. Ms. Sexton, did you get a letter in or about 21 March the 21st stating that we was going to install water 22 meters on each individual mobile home because the water 23 and sewer was getting out of hand? 24 A. No, my paperwork goes to Mr. Eversole but you 25 did tell me that you all were going to put water meters

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1 on due to it and you had to have his permission because I 2 don’t own the trailer, he does so all paperwork goes to 3 Judson, not to me. I'm not the owner. 4 Q. Did that letter state anything that we was going 5 to raise the lot rent because of the water and sewer? 6 A. A couple months back when we were only paying 7 $170, you said the lot rent verbally, everyone in the 8 trailer park knows this, that the lot rent was going up 9 due to the water usage getting a little out of hand. 10 That's why it was raised, you're the one that said it and 11 everyone knows this. My roommate moved out because of 12 you because of the water and all and because she couldn't 13 afford to pay all the bills as well. And because she 14 said she wasn't on the lease but she doesn't own my 15 trailer. My trailer belongs to Judson Eversole.

16 JUDGE: 17 Your roommate was ---? 18 A. Bervella Mayhew, yes. 19 JUDGE: 20 Okay. 21 A. She was a nervous wreck is why she moved out. 22 Just couldn't deal with the stress anymore, but I can. 23 JUDGE: 24 Okay. Any further questions? 25 MS. ANDERSON:

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1 No. Can I show her this paper? 2 JUDGE: 3 Sure. 4 BY MS. ANDERSON: 5 Q. On this paper, why does it state that the water 6 meters were being installed? 7 A. Do what now? 8 Q. On that paper ---? 9 A. I can't read or write so you're going to have to 10 tell me. I mean I can't read or write so that's why I 11 have Ms. Coleman here with me.

12 JUDGE: 13 Can we mark this as an exhibit? 14 MS. ANDERSON: 15 Yes, please. 16 JUDGE: 17 Okay, we're going to mark this as Pines 18 Exhibit one. 19 (Pines Exhibit One marked for 20 identification.) 21 JUDGE: 22 You can ask Ms. Coleman, one of the 23 other witnesses, about the letter.

24 BY MS. ANDERSON: 25 Q. Okay. This letter it has nothing on there, am I

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1 correct, about the lot rent went up because of the water 2 and the sewer charges, because the water and sewer was 3 getting out of hand? 4 JUDGE: 5 If you have a response? 6 A. No. Before the meters went on, you verbally 7 said on my porch, we're raising the lot rent from $170 to 8 $200 due to the water usage and you did say that and I 9 put my hand above God and in court and everyone else here 10 knows that. You told everyone verbally, they all know 11 this. So that word cannot --- that's verbal out of your 12 mouth but we know it has been said. You did say that. 13 We were only paying $170 so why did the lot rent go to 14 $200 then if it wasn't for the water, can you explain 15 that? No, because it is from the water. And I'm just 16 trying to help the people in the trailer park. Look how 17 many people has moved out because of the water bills, and 18 how many people got pushed out of the trailer park.

19 JUDGE: 20 Do you know how many mobile homes are 21 in the trailer park? 22 MS. ANDERSON: 23 I want to say 14, 15 up and running 24 maybe. I'm not sure. Or 18 maybe. 25 JUDGE:

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1 How many are --- 2 MS. ANDERSON: 3 There are ---. 4 JUDGE: 5 --- occupied? 6 MS. ANDERSON: 7 All but one that I know of or two 8 maybe. I'm not sure.

9 JUDGE: 10 Okay. Any further questions for her? 11 BY MS. ANDERSON: 12 Q. Do you know actually --- did I confront you one 13 day and tell you why we was adding the water meters onto 14 mobile homes? 15 A. Because you said the water usage was getting out 16 of control, you did say that. But you also said when you 17 raised the lot rent to $200 was because of the water. So 18 you can't use that as a utility. It's supposed to be 19 included in the lot rent. I mean I do have papers from 20 Legal Aid stating, you know, we do have rights. I mean 21 I'm just on a fixed income like everybody else. I'm 22 trying to help the trailer park and everyone else like I 23 am. We're the victims here. Can you account for where 24 the money goes from the $30 difference from the lot rent 25 and the water bill money to the water company because no

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1 one uses that much water in that water park. I mean all 2 of it, down to the last nickel. 3 JUDGE: 4 Yeah, this isn't really your chance to 5 ask her questions but you ---. 6 BY MS. ANDERSON: 7 Q. Do you recall the night that me and my husband 8 was in the trailer park and there was a bunch of chaos 9 because we have seen you carry clothes out of your 10 house ---? 11 A. One time I did. But I did not know I couldn’t 12 carry my clothes out of the home and take them to get 13 them dried because I had no dryer. Now I have a dryer. 14 So, that part has been settled. I apologized to Mr. 15 Jenkins and that’s all that needs to be said on that 16 deal. There was only the one time that I washed my son's 17 clothing, but I do my own clothing in the trailer and the 18 people that are living with me because I pay my bills. 19 And now I have a dryer, don't have to take them to get 20 dried anywhere. 21 Q. Okay. The reason that we did install water 22 meters is because we caught you washing outside peoples 23 clothes in the trailer park. 24 A. One time. 25 Q. It's not up to Mr. Jenkins to pay everybody's

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1 water. 2 A. I paid one time. The guy across me pays $300 3 for a water bill, that's ridiculous. I pay 13 percent. 4 You have your picks in the trailer park, I'm not being 5 mean when I say this, but you do. Not everybody pays the 6 same amount. I'm paying 13 percent one month, ten 7 percent the next month. It's ridiculous. No one should 8 pay that, a water bill and lot rent together. I only get 9 a fixed income, I have to survive too. I have nowhere to 10 go. I like Pines Trailer Park. It is a quiet 11 neighborhood if we're left alone and I pay my bills, 12 which I do. My bills are paid on time every month and 13 they know that. I'm never late on my rent. I'm never 14 late on the lot rent. The water bill's being paid. 15 Q. How many people live in your mobile home? 16 A. Three. There's me, my boyfriend and my 17 roommate. 18 Q. Between October and November you used 5,010 19 gallons of water. 20 A. And there was a leak because of the kitchen 21 faucet where you guys were shutting it on and off, the 22 water lines from the main line where the water company 23 has to, by law, come in and do it and it busted my lines, 24 flooded my trailer. 25 Q. So we raised your lot rent for $30.

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1 A. My lot rent. 2 Q. So you say because just by --- 3 A. That's what it was. 4 Q. --- the water and sewer that you use. But then 5 yet in October and November your water and sewer charges 6 was $115.26. How does that $30 justify all that water 7 and sewer that you're using? 8 A. How does it justify with Foo (phonetic) and them 9 in number two, they have three kids, two adults and they 10 pay less than I do. 11 Q. Not according to my records. 12 A. And they power wash their trailer, but that's 13 okay. 14 Q. Not according to my records right here. 15 A. I'm even scared to take a bath everyday so when 16 it gets down to it I take one every other day. I take a 17 shower and I bathe everyday because of the water usage. 18 When I get a load of clothes then I wash my clothing to 19 save the water. I bought my water to drink.

20 JUDGE: 21 I'm being handed a paper that I'm going 22 to mark as Pines Exhibit Two. 23 (Pines Exhibit Two marked for 24 identification.) 25 JUDGE:

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1 It appears to be some sort of 2 accounting. 3 MS. ANDERSON: 4 This paper is the thing that I do up 5 every month. It tells the date of the reading of the 6 meters. 7 JUDGE: 8 You'll get a chance to testify in a 9 minute.

10 MS. ANDERSON: 11 Okay. 12 JUDGE: 13 At this point, you just need to ask her 14 questions. 15 MS. ANDERSON: 16 Right. She can't look at the paper. I 17 was going to have her look at the thing that she’s 18 referring to that there's three kids and two adults. 19 JUDGE: 20 Okay, I mean you can show her the paper 21 and see what you can do. 22 BY MS. ANDERSON: 23 Q. On this paper here, if you look at Robbie 24 Wetzel, lot number three, is his water and sewage less 25 than yours or more than yours?

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1 A. Again, I can't read it so can I ask Ms. Coleman 2 to help me here with this to read it? 3 JUDGE: 4 If you can't read it, you can't read 5 it. She can ask Ms. Coleman or she can testify herself 6 when it's her turn to testify. Do you have any further 7 questions for Ms. Sexton? 8 MS. ANDERSON: 9 Not at this time, I don’t.

10 JUDGE: 11 Okay, Mr. Little? 12 ATTORNEY LITTLE: 13 Staff has no questions. 14 JUDGE: 15 Okay, anything else you want to tell 16 me, Ms. Sexton? 17 A. No, sir. 18 JUDGE: 19 Okay. Do you want to call any other 20 witnesses, Ms. Sexton? 21 MS. SEXTON: 22 Just I would like to have Ms. 23 Coleman ---.

24 JUDGE: 25 She'll have a chance ---

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1 MS. SEXTON: 2 Yeah. 3 JUDGE: 4 --- to call witnesses, too. 5 MS. SEXTON: 6 I have Stacy here. She's my neighbor. 7 JUDGE: 8 Is that ---

9 MS. SEXTON: 10 Stacy Thompson. 11 JUDGE: 12 --- Ms. Thompson? 13 MS. SEXTON: 14 Yes. 15 JUDGE: 16 Okay, do you want to call her as a 17 witness? 18 MS. SEXTON: 19 To let her speak her peace about the 20 water if she'd like. 21 JUDGE: 22 Okay, so you need to move out of the 23 witness chair and we'll call Ms. Thompson as a witness. 24 Okay, the court reporter will place you under oath. 25 ------

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1 STACY THOMPSON, HAVING FIRST BEEN DULY SWORN, TESTIFIED 2 AS FOLLOWS: 3 ------4 JUDGE: 5 Okay, Ms. Sexton, you have questions 6 for Ms. Thompson? 7 DIRECT EXAMINATION 8 BY MS. SEXTON: 9 Q. Do you feel that it's just out of hand with the 10 water situation and the lot rent and we can't afford it 11 because of our incomes? We're mostly all on fixed 12 incomes? 13 A. It's really not fair when I mean, you know, I 14 get a fixed income that I'm struggling with, you know, 15 there's bills I got to pay that I have to let go.

16 JUDGE: 17 How long have you lived at the mobile 18 home park? 19 A. I'm not really to the date sure, but I'm sure 20 it's probably been over a year or so. 21 JUDGE: 22 Okay, about a year. And do you pay a 23 lot rent? 24 A. Yes, sir. 25 JUDGE:

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1 Okay. Do you own your mobile home? 2 A. No. 3 JUDGE: 4 You pay a rent on the home? 5 A. We rent. 6 JUDGE: 7 Okay. And when did you start getting 8 water bills? 9 A. It's been --- I'm not really sure, but it's been 10 a few months.

11 JUDGE: 12 You've gotten several, two or three? 13 A. Yes. 14 JUDGE: 15 Okay. And what's your typical monthly 16 water bill? 17 A. I'm not really sure. I think the last one is at 18 least around $80, $90. I'm not really ---. 19 JUDGE: 20 That's for one month? 21 A. Yeah. 22 JUDGE: 23 Okay. Any other questions, Ms. Sexton, 24 for Ms. Thompson? 25 MS. SEXTON:

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1 No. 2 JUDGE: 3 Ms. Coleman, do you have any questions 4 for Ms. Thompson? 5 MS. COLEMAN: 6 No. 7 JUDGE: 8 Ms. Anderson? 9 CROSS EXAMINATION

10 BY MS. ANDERSON: 11 Q. Stacy, how many people live in your mobile home? 12 A. Just me, my sister and her two kids. 13 Q. Is your sister Julie Thompson? 14 A. Yes. 15 Q. Does she work? 16 A. Yes. 17 Q. Have you ever brought your concerns to me before 18 about the water bill before today? 19 A. No. 20 MS. ANDERSON: 21 I don't have anything else. 22 JUDGE: 23 Mr. Little?

24 ATTORNEY LITTLE: 25 No.

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1 JUDGE: 2 Thank you very much, you may step 3 aside. Ms. Sexton, do you want to call any other 4 witnesses? 5 MS. SEXTON: 6 No. 7 JUDGE: 8 Okay, Ms. Coleman, I'm assuming you 9 want to testify?

10 MS. COLEMAN: 11 Oh, yes, sir. 12 JUDGE: 13 Okay. The court reporter will place 14 you under oath. 15 ------16 LEONA COLEMAN, HAVING FIRST BEEN DULY SWORN, TESTIFIED AS 17 FOLLOWS: 18 ------19 JUDGE: 20 What do you want to tell me, Ms. 21 Coleman? 22 A. Well, first, the meters went in the other 23 trailers in June. They started putting them in in June. 24 I refused to allow Mr. Anderson underneath my trailer. 25 He knows nothing about plumbing, electric, or carpentry.

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1 Those words came from his mouth. And we'd ask him if he 2 would allow us, my nephew asked him if he would allow us 3 to put the meters in ourselves, we would pay ourselves a 4 plumber out of our pocket, not theirs. Mr. Anderson 5 refused emphatically. He said no, he had to be the one 6 to put them in. 7 There was problems with some of the meters, 8 there was a leak in number three and the water meter when 9 it was checked was put in there was a garden hose 10 attached to it and that's what broke and caused the water 11 to flood. It flooded down lot three, four and down 12 underneath lot five, which belongs to my sister. And we 13 tried to get a hold of Ms. Anderson. It took us an hour 14 and a half to get a hold of her on Sunday afternoon to 15 try to tell her that there was a water leak. We did try 16 to give that to her immediately. 17 My meter was put in on July 31st. I had Ms. 18 Anderson sign a letter saying that she would not get 19 under my trailer because it is my trailer. I own it 20 personally. The underpinning, they're not careful with 21 how they put the underpinning back on. Sometimes I see 22 the trailers where they've been under it with the water 23 meters and have left the underpinning off.

24 JUDGE: 25 Where is the physical location of the

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1 water meters? 2 A. It's on the --- as you go down the court, my 3 trailer sits on the left, it's on the backside. It’s 4 right above where my --- it's between my second bedroom 5 and my living room window. 6 JUDGE: 7 Is it under the trailer? 8 A. It's under the trailer, yes, sir, sitting on a 9 board.

10 JUDGE: 11 So there's no water meter ---? 12 A. No, sir. There's no casing, no --- the only 13 insulation that is on there now is it's the wrap 14 insulation like you would buy for your window sill. I 15 bought it when I was doing my air conditioning when we 16 had a window unit. We put it in the bottom, it's about 17 this thick. It's wrapped around the meter with it's 18 supposed to be insulation tape. And then from there it's 19 wrapped with duct tape. There are pictures in --- Mr. 20 Holley took pictures when he was there about a couple 21 weeks ago of the water meter. And it is actually sitting 22 on a board, the board sits on the ground and the meter 23 sits on that.

24 JUDGE: 25 And you say that's underneath your

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1 trailer? 2 A. Underneath my trailer, yes. I have to go out 3 and remove my underpinning. 4 JUDGE: 5 So how is the meter read? 6 A. I go out and I --- there's been one time that I 7 did not go out because Ms. Anderson read it without me 8 being there. I asked that I be present. My lease does 9 not expire until March 1st. Okay, there are other issues 10 with that right now that we're dealing with. But I asked 11 her to sign this paper that she would not get underneath 12 my trailer unless I was there or my nephew was there to 13 remove the underpinning.

14 JUDGE: 15 So you removed the underpinning and 16 then ---? 17 A. I take one piece of the underpinning off 18 and ---. 19 JUDGE: 20 Somebody ---? 21 A. Ms. Anderson is supposed to be the one to read 22 it, this last time Mr. Anderson read it. 23 JUDGE: 24 So one of the Anderson's literally goes 25 under the trailer?

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1 A. No, it's right there, you remove the 2 underpinning and it's like this far from the 3 underpinning, its right there. 4 JUDGE: 5 You can see it once you ---? 6 A. Yes, you can see it. 7 JUDGE: 8 Okay. 9 A. Yes. So from there she’s been under the 10 trailer, I placed no trespassing signs on my trailer 11 because I did not want any arguments or anything with it. 12 So because it is my mobile home, I'm responsible for it. 13 I'm responsible for the underpinning and the repairs 14 when they are damaged.

15 JUDGE: 16 Do you know how your sewage is treated? 17 A. The sewer is through something --- the public 18 service does it. It comes in the bill --- 19 JUDGE: 20 It is connected? 21 A. --- with the Central Hampshire, yes. 22 JUDGE: 23 Okay, it's connected to a --- 24 A. Yes. 25 JUDGE:

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1 --- a public utility system. 2 A. Yes. And there is one pipe that we know right 3 now is blocked. We're not sure exactly where but I think 4 it's between trailer two and three. 5 JUDGE: 6 Do you have adequate water pressure? 7 A. I do, yes, because I'm on the lower part of the 8 end. Now, their water pressure is not as good in trailer 9 five right across from me, which is my sister's. But my 10 water pressure I've never had a problem with the water 11 pressure.

12 JUDGE: 13 And your toilets flush? 14 A. Yes, they flush very well. 15 JUDGE: 16 Okay. 17 A. But like I said --- 18 JUDGE: 19 Why do you ---? 20 A. --- I'm on the end and I'm on like the bottom of 21 the hill so the water goes further down. 22 JUDGE: 23 Why do you think there's a blockage in 24 the sewer line? 25 A. Because there's a smell there.

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1 JUDGE: 2 Okay. So you say you had a written 3 lease? 4 A. Yes. I have a written lease. As a matter of 5 fact I got quite a few leases from the Anderson's. So 6 first we signed a new one in September of last year. 7 Then in November ---. 8 JUDGE: 9 September. For 12 months? 10 A. For 12 months, yes, sir. It was supposed to be 11 renewed in September. I went when the rent was raised in 12 January. We got notice in November that the rent would 13 go up from $170 to $200. That was the ground rent. I 14 had no problems with that. Mr. Jenkins had Ms. Anderson 15 coming door to door and collecting the rent each month on 16 the first. 17 My rent --- because I'm on a fixed income, my 18 check goes into the bank sometimes before the first. I 19 would always mail my check, my first lease my rent was 20 due on the fifth. Mr. Jenkins always had my rent check 21 before the fifth. It was always in the bank by the fifth. 22 When Ms. Anderson started picking up the checks 23 the first couple of times she came by, I questioned her 24 and I questioned Mr. Jenkins about how she carried the 25 money for the rent. It was in her hand, no envelope.

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1 She offered no receipt for rent. 2 Twice I gave her my check. I became concerned 3 when she started coming and it was after dark. There had 4 been problems with break-ins and robberies in our court 5 and in Judy's Mobile Home Court. I had an issue with 6 giving her my check because it had all my banking 7 information on it. She did not understand anything that 8 I was trying to explain to her about this.

9 JUDGE: 10 Is Pines Mobile Home Court close to 11 Judy's Mobile Homes? 12 A. Yes. There is a little water ditch, a drainage 13 ditch, behind my trailer that separates my trailer, the 14 Pines Trailer Court, with Judy's Mobile Homes. It's like 15 one big place, there's just a small drainage ditch, an 16 open sewer ditch, open water line where the water runs 17 off. 18 JUDGE: 19 Do you know who owns Judy's Mobile 20 Homes? 21 A. Yes, Elton Judy. I'm sorry. Elton Judy. 22 JUDGE: 23 So it has a different owner than yours? 24 A. Yes. Yes. 25 JUDGE:

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1 Do you know how they have water and 2 sewer service? 3 A. Yes, they have it through Central Hampshire, 4 yes. And when they redid they have their same problem 5 with the water. Instead of doing each meter in each 6 individual home with a different varying amount like this 7 is, they set a certain amount. They set $25 per person 8 that lives in the mobile home. That's their water 9 charge, their water and sewage.

10 JUDGE: 11 Do you know if they have meters? 12 A. They have meters but they do not read them 13 anymore. 14 JUDGE: 15 Okay. Anything else you want to tell 16 me? 17 A. Oh, yes, according to --- my water bills are all 18 here and I also have the Hamilton's water bills, copies 19 of their water bills, our water and sewer charges. It 20 states the monthly rent is $200 and then water and sewer 21 charges are separate. Okay, according to the state 22 regulations ---. 23 JUDGE: 24 Do you want any of those to be 25 exhibits?

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1 A. Yes, yes. These are mine. There's one there 2 and the agreement from Ms. Anderson, she was to send me 3 personally, my water bill by mail to my P.O. Box, P.O. 4 Box 4. But one instance she put it in with my sister's. 5 It was probably ---. 6 JUDGE: 7 The little sticky note? 8 A. That is from Ms. Anderson.

9 JUDGE: 10 So that's Ms. Anderson's note --- 11 A. Yes. 12 JUDGE: 13 --- that's attached to one of the 14 bills --- 15 A. Yes. 16 JUDGE: 17 --- and it says Coleman, your monthly 18 lot rent is $242.32 for October? 19 A. That is correct. My lot rent is only $200. 20 JUDGE: 21 Okay, she's added in the water and 22 sewage --- 23 A. The water charges, yes.

24 JUDGE: 25 --- charge? Okay.

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1 A. Yes, sir. That she has. 2 JUDGE: 3 I'm going to mark the document that 4 contains that sticky as Coleman Exhibit One. 5 (Coleman Exhibit One marked for 6 identification.) 7 A. Okay. 8 JUDGE: 9 You provided me three other documents 10 which I'm going to mark as Coleman Exhibits Two, Three 11 and Four. 12 (Coleman Exhibit Two, Three and Four 13 marked for identification.) 14 A. Okay.

15 JUDGE: 16 Anybody want to see Coleman Exhibits 17 One through Four? Okay, you may proceed. 18 A. Okay. According to the state regulation code, I 19 looked it up, and the definition of a utility. It's 20 Chapter 37 6(a)(1) definitions number 17. And it defines 21 a utility. And it means electricity, natural gas, 22 propane gas, water, sewer, telephone and cable television 23 provided by a public utility or such person providing 24 residential utility services. If the rental agreements 25 so provide, the landlord may use sub metering or energy

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1 allocation equipment or a ratio utility billing system. 2 Okay, that is the definition of a utility. Ms. Anderson 3 is acting as a utility according to the state regulation 4 code. 5 There's nothing in my current lease. In January 6 when they changed the rent allotment, the lot rent, it 7 was verbal that it was for the water because the water 8 was high. January, we did get a notice, and I can't find 9 my notice, but I do have a letter from Mr. Jenkins about 10 the rent going up. And he said in that letter he just 11 --- to me it was kind of nasty and it did not sound like 12 Mr. Jenkins, that's not wording that he would use. But 13 that the rent was going up. 14 I had no problems with the rent going up $200. 15 Most places around were going up, the rent was going up. 16 I asked for a new lease in January because my current 17 lease says only $170 and that was from September until 18 January. The rent should not have taken effect, because 19 it's a major change in the lease, until September. 20 So then in March we did get the notices that the 21 water meters were going in. But back to my lease. 22 January I asked for a new lease. I was brought an 23 amended lease from my original lease, not a new lease, 24 but this was amended where it had been marked off, the 25 $170 had been marked off and the $200 put in and the date

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1 changed to the first of the month from the fifth. I did 2 not witness those changes in that lease. I asked --- and 3 Mr. Anderson brought that one back to me. 4 So in March, March 7th, I signed a new lease 5 with the amended $200. And it was signed by Ms. Anderson 6 and Mr. Jenkins. And that is my current lease. My rent 7 is $200 a month and that is what is in my lease. My 8 lease is silent on the water. The water has always been 9 a verbal with the $200 amount being raised. The water 10 was always included in the $170; it was a verbal from Ms. 11 Jenkins because she's the one that signed my original 12 lease. The ---.

13 JUDGE: 14 How long have you lived there? 15 A. November of 2005. Mine is the newest trailer in 16 the court and it's not the oldest one staying there but 17 it's the newest one, I have a 2006. And it's the newest 18 trailer in the entire court. 19 JUDGE: 20 Okay. 21 A. And so I told when they wanted me to sign the 22 new leases in September I told Ms. Anderson that my lease 23 did not expire until March 1st and at that time I would 24 be moving. Either I would design my trailer and move my 25 trailer to where we're going with my daughter, or moving

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1 to Virginia. So since then Ms. Anderson has taken to me 2 to Magistrate Court because I refuse to pay the water 3 bill. And it's the one that she took me to court was for 4 $42.32 and the court papers she has $42.37. 5 I since appealed that to Civil Court because 6 it's a retaliatory action because I got involved in this 7 case. She brought it up in Magistrate Court. I did not. 8 She did. But I was appealing the decision that the 9 Commission had made already to dismiss the case.

10 JUDGE: 11 Okay. Anything else you want to tell 12 me? 13 A. I do have the paperwork for the rents for lot 14 five, which belongs to my sister. 15 JUDGE: 16 What's your sister's name? 17 A. Linda Hamilton. My nephew, Edward Hamilton, is 18 here. 19 JUDGE: 20 Okay. 21 A. And there's also a letter from Ms. Anderson 22 there about the rent that she did not pay the water bill 23 along with it.

24 JUDGE: 25 Okay. There's four more documents,

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1 three of them appear to be water bills to the Hamilton 2 family and one appears to be a letter from Ms. Anderson 3 to Ms. Hamilton. I'm going to mark the three water bills 4 as Coleman Exhibits Five, Six, and Seven. 5 (Coleman Exhibit Five, Six and Seven 6 marked for identification.) 7 JUDGE: 8 And the letter as Coleman Exhibit 9 Eight. 10 (Coleman Exhibit Eight marked for 11 identification.)

12 JUDGE: 13 You want to see these? You may 14 proceed. 15 A. I suppose that's it. 16 JUDGE: 17 So you plan to move in March? 18 A. Yes. But because of the court hearing, the 19 Magistrate judgment went against me and she says I have 20 to move my trailer by February 1st. Only one more month 21 and my trailer would've been gone anyway. 22 JUDGE: 23 So she's saying you have to move 24 because you owe ---? 25 A. $42.37 is what the paperwork said. But the

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1 actual water bill was $42.32. But it's the water and 2 sewage bill and it clearly states on, the bills from Ms. 3 Anderson, that its water and sewage, it's not rent. If 4 it were rent it would be a fixed set amount like the lot 5 rent is $200. And for it to fluctuate like that it's, 6 you know, it just doesn’t --- it's not right. I mean, 7 rent is a set amount, that's what rent is, it's a set 8 amount. It doesn’t fluctuate. And reading over one of 9 the letters from the Commission dated October 16th, it 10 was on a lot of the paperwork. There was one, according 11 to the payment chart from the Utilities Division on page 12 two, it clearly states that it’s a water bill, water is a 13 utility. And that's on page two of the letter date from 14 the Water Commission.

15 JUDGE: 16 Okay. 17 A. Where it does an example of Mr. Eversole's water 18 bill. And they went according to the total amount due 19 from the water, not from the total amount --- and there 20 was a chart in there with the amount that each lot pays. 21 And it gave a total of --- it's a total that it uses from 22 the tenants is different than the total from the total 23 amount from the court. And this is from the water meter 24 readings. The total bills $1,315.37, but the total 25 individual charges was only $1,026. There was a

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1 difference there of a couple hundred dollars. But if 2 these tenants use that much, then why did they use the 3 total bill to set the amount? That changes the 4 calculations on the bill. 5 JUDGE: 6 Anything else you want to tell me? 7 A. Yes. Page two, the final entrance in that same 8 set of documents.

9 JUDGE: 10 Okay. 11 A. Final Internal Interim, that there. 12 JUDGE: 13 Final from the Staff Memorandum? 14 A. Yes, Final Internal Memorandum from the staff, 15 yes. And the letter from March 21st from Ms. Anderson 16 right there states that you will get a bill for water and 17 sewer and it will be like a regular water bill. Well, 18 that is a water bill, that's a utility. And it will be 19 included in with the next months rent. 20 JUDGE: 21 Anything else you want to tell me? 22 A. Yes. The meters on all the trailers, we were 23 told that they would be calibrated or regulated to all 24 set at the same so that they were properly set, they were 25 not. We were told that the meters would be inspected.

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1 During my Magistrates hearing Ms. Anderson stated that 2 the meters they had an inspector coming but they could 3 not have the inspector come and do the inspection because 4 there were meters that had P tapes connected with 5 electric cords and that would fail the inspection. 6 My concern was that the next week they were 7 calling for severely cold weather and right the next week 8 Mr. Jenkins came and had Mr. Anderson help him put the 9 insulations around the meters. And that was also a time 10 that they got under my trailer without me knowing that 11 they were there.

12 JUDGE: 13 Okay. What else do you want to tell 14 me? 15 A. I think that's about it. If the bills could be 16 regulated to where they were set at one price so that 17 they didn't fluctuate from, you know, from to highs to 18 low, even with the water usage. I mean there's no way 19 that ---. 20 JUDGE: 21 If the Commission --- 22 A. No. 23 JUDGE: 24 --- ends up regulating this entity as a 25 utility and there are meters, I'm sure that the

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1 Commission might have rates that vary according to usage. 2 A. Right. But a fair use, a fair amount --- 3 because right now at this point there are 17 trailers in 4 the court. Ten of those trailers are privately owned. I 5 been in the court longer than --- the only people that 6 have been in the court longer than I have been there is 7 the people in one, and they're an elderly couple. And 8 they have been there forever it seems like. Because 9 everybody knows that this is where this couple lives. 10 There's been in the past 15 months, 16 months since the 11 Anderson's took over management and supervision of the 12 court, there's been a turnover of --- I don’t know how 13 many people. It's usually someone every month is moving 14 in or out of the court for some reason.

15 JUDGE: 16 The occupancy rate's at a relatively 17 high level. 18 A. Yes, it's very high, yes. Some people only stay 19 a month, maybe two months. 20 JUDGE: 21 But they're always able to find someone 22 else to come in and ---. 23 A. Right now there's one trailer empty.

24 JUDGE: 25 Okay. And some of the mobile homes are

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1 actually owned by the man that owns the property? 2 A. Yes, Mr. Jenkins, yes. 3 JUDGE: 4 He owns some of the homes? 5 A. He owns seven. 6 JUDGE: 7 Okay. There's two lots empty and 8 there's now that one lot is empty that they just removed 9 a trailer. And I know because I had to check with --- 10 when we got my sister's trailer because my name is on the 11 loan for my sister's trailer. We had to check for the 12 flood zone. So the flood zone is right below my trailer 13 so lot seven through ten and 19 and 20 are in the flood 14 zone.

15 JUDGE: 16 Okay. Ms. Sexton, do you have any 17 questions for this witness? 18 MS. SEXTON: 19 No. 20 JUDGE: 21 Ms. Anderson? 22 CROSS EXAMINATION 23 BY MS. ANDERSON: 24 Q. Ms. Coleman, have you paid anything at all 25 towards the water and sewer charges?

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1 A. No, I have not. 2 Q. Todd Anderson, is that who you were referring to 3 that installed the water meters that is not licensed on 4 your mobile home? 5 A. Mr. Anderson, Mr. Todd Anderson, yes, ma'am. 6 Q. Are you aware that he is licensed? 7 A. He is now but he wasn't at that time. 8 JUDGE: 9 Licensed for what? 10 A. Waterman.

11 MS. ANDERSON: 12 He has licenses in the state of West 13 Virginia for handyman service and stuff like that. Todd 14 Anderson does do all the repairs on all mobile homes in 15 the park. He is a maintenance guy that was hired by Mr. 16 Jenkins. 17 JUDGE: 18 Okay, so some kind of handyman license 19 or something? 20 MS. ANDERSON: 21 Yes. 22 JUDGE: 23 Okay.

24 MS. ANDERSON: 25 By the state.

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1 BY MS. ANDERSON: 2 Q. As far as the water lines go, do you own those 3 that are underneath your mobile home? 4 A. No. I lease the lot and according to state 5 regulation, if you look at the state law, a lease is what 6 I own. My trailer goes all the way to the ground with 7 the underpinning, I own that. In order to get to 8 underneath of it you have to have my permission to get 9 underneath of it, I own it. 10 Q. Do you own the land there? 11 A. No, I lease the land. 12 Q. Okay, so take for example, if there was a water 13 break underneath there, water line, we need to get to our 14 water lines to fix those. So we have to notify you to 15 get to our water lines? 16 A. Yes, ma'am. And I have the agreement that you 17 signed that says I do. And just because a new lease came 18 out, I did not sign the new lease so I'm not under that 19 new lease. And I talked with an attorney and on advice 20 of the attorney, he checked out my lease and he said my 21 lease is current until March 1st. 22 Q. Okay, are you aware that Judy's Mobile Home that 23 they do have a set fee for water and also sewer? 24 A. Yes, ma'am, they do. $25 a person in each lot, 25 my father rents from them. And it's $25 a person for

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1 each lot that they do not own. 2 Q. Well, I have ---. 3 A. In their rent, it's $25 per person. 4 Q. There's a letter here from the Water 5 Commissioner that I have received back --- it says that 6 Judy paid me $8.10 per gallon of water and $9.78 per 7 gallon of sewer usage over in their park. And they also 8 have meters and they're also read every month. 9 A. I also know people that are in there and I also 10 talked to Ms. Linda Judy and she told me they no longer 11 read the meters. And I talked with another couple that 12 are friends with us, they do not read the meters at their 13 house either. They do not go through and read the meters 14 now. 15 Q. Okay. That bill that you was talking about, 16 about the difference ---. 17 A. The $42.32 that you said I owed? 18 Q. No, the main bill that you had. I don’t think 19 you turned it into evidence but ---.

20 JUDGE: 21 I think she was referring to the 22 Internal Staff Memorandum that was filed in the case. 23 A. Yes. I sent him like six exhibits.

24 BY MS. ANDERSON: 25 Q. Yeah, on that bill there, the difference in

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1 between the amount used by the park and the regular 2 meter, that amount justifies the water leak in the mobile 3 home park which was stated earlier that we had a water 4 leak, so none of the tenants was charged for that water. 5 A. Yes, they were. According to this, according to 6 the paperwork in here, how they got Mr. --- it was on 7 page two, how they got Mr. Eversole's amount is right 8 there, $1,315 --- it's the letter right up there. 9 Q. I don’t think I got that one. I don't know who 10 it was to. 11 A. It was the letter from the Commission, October 12 16th, 2012. And they explained how it was calculated, 13 they give an example of Mr. Eversole's water and they 14 used the amount from the amount used from the total park 15 and then they used the total amount to get his water bill 16 and that one was $97.91.

17 JUDGE: 18 I think its right here on the next 19 page. 20 BY MS. ANDERSON: 21 A. Second paragraph from the bottom. They used the 22 water amount used for it. They took the amount that Ms. 23 Sexton had used, or what she was charged with, and the 24 amount that was used by the total park. 25 ATTORNEY LITTLE:

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1 Your Honor, Staff hasn’t introduced 2 this memorandum as evidence and I have copies if the 3 court would like me to pass those out. 4 JUDGE: 5 That would be helpful. Let's go ahead 6 and --- you mind if I go ahead and mark it as Staff 7 Exhibit One? 8 ATTORNEY LITTLE: 9 No, let's mark it.

10 JUDGE: 11 Okay, I'm going to mark the document 12 that Mr. Little is providing as Staff Exhibit One and 13 he's going to provide copies to the parties. 14 (Staff Exhibit One marked for 15 identification.) 16 JUDGE: 17 I appreciate that. Do you have any 18 further questions for Ms. Coleman? 19 BY MS. ANDERSON: 20 Q. Yeah, on this paper here that he just passed out 21 it has that the total amount collected from individuals 22 was $1,026.67. And Mr. Jenkins' bill for that month was 23 $1,315.37, so we did not collect the total amount that 24 Mr. Jenkins owed from all the lessees. So that does 25 state that we did not, Sid did not get the $1,315, he

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1 only got the $1,026.67 like which attendant used. 2 A. Okay, but that still does not explain why they 3 used --- by using the calculations of the total amount 4 usage, it should not have been that amount because the 5 total usage from the every tenant was 44,880. They used 6 the calculations with the 5,700 to do that. The 57,500 7 for the calculation., it should've been the 44,880 8 because the tenants only used 44,880, not the 57,500. 9 Q. Okay. This right here is not my calculation so 10 I cannot explain this right here ---. 11 A. No, but that is the amount that was charged to 12 Mr. Eversole. If you look there, $97.91 was on the chart 13 that you turned in. Mr. Eversole is $97.91. They 14 explained how you got that and this is how you got it.

15 JUDGE: 16 If these questions are related to this 17 exhibit, they probably are most properly addressed to the 18 author of the exhibit. 19 A. Okay. 20 JUDGE: 21 I believe it is Mr. Bevins. 22 A. But the chart that she turned in, that's her 23 calculation, $97.91. So she would've had to use 24 basically the same account, the same equation to get that 25 amount.

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1 JUDGE: 2 Okay, any further questions for Ms. 3 Coleman? 4 BY MS. ANDERSON: 5 Q. How long did you say these people, the residents 6 in lot one, has been there? 7 A. We tried personally in 1984 to rent a lot from 8 --- we were going to buy a trailer in there, it was a 9 very small trailer, and they were in there then. 10 Q. So them being there the longest and didn't have 11 to pay no water and sewer for all this time and then all 12 of a sudden, bam, we put water meters in, they're paying 13 water and sewage, you think they'd be filing a complaint 14 if they had any problem with it? 15 A. They're afraid to because they are afraid that 16 you are going to evict them in retaliation just like 17 you're trying to evict me. 18 Q. And why are you getting evicted? 19 A. Because I owe $42.32. There are other charges, 20 yes. But they're not --- they're just silly. I mean 21 they're --- I have my paperwork, you don't need to show 22 me, I have my own paperwork, thank you. 23 Q. This here states why I took Ms. Coleman to 24 Magistrate court. It has nothing on there about the 25 water and the sewer charges; it has to do with the lot

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1 rent. And it also has on there about some other 2 violations that she has; she refuses to sign a new lease. 3 A. My lease is valid, according to law, I have 4 verification from a lawyer called Radcliffe and Griffy 5 (phonetic) in Martinsburg. They checked my lease. I have 6 a valid lease according to them. I did not sign the new 7 lease until --- March 7th I signed the new lease because 8 I needed a new lease stating that my rent was $200 a 9 month. That is when I signed it, it is for one year. 10 It is not due to be expired until March 1st of this year.

11 JUDGE: 12 If I mark ---? 13 A. I did refuse to sign the new lease because my 14 other lease is valid and I knew that I would be moving by 15 March 1st. I told you this in the middle of September 16 when I --- no, it was later than that. It was the end of 17 September because my daughter had surgery in the middle 18 and I was gone when I got a letter from Mr. Jenkins or 19 from Ms. Anderson that Mr. Jenkins was going to be in 20 court. 21 JUDGE: 22 Okay. 23 A. I was gone.

24 JUDGE: 25 Okay. If I mark this, I'm going to

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1 have to keep it. Do you want me to mark this as an 2 exhibit? 3 MS. ANDERSON: 4 I don’t know if I need that for court 5 purposes. 6 JUDGE: 7 You can get a copy from the 8 Commission, ---

9 MS. ANDERSON: 10 Great. 11 JUDGE: 12 --- but I'll take it with me and --- 13 MS. ANDERSON: 14 Okay. 15 JUDGE: 16 --- I'll have a copy of it. Probably 17 the Magistrate Court of Hampshire County can --- 18 MS. ANDERSON: 19 Right. 20 JUDGE: 21 --- provide a copy of it. I'll mark 22 this as this is Pines Exhibit Two, I believe so, Pines 23 Exhibit Two. You can explain what it is if you testify. 24 Maybe you can imply to Ms. Coleman what it is. 25 MS. ANDERSON:

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1 Okay. 2 BY MS. ANDERSON: 3 Q. Has a planning officer been out there to inspect 4 the water meters, do you know of, --- 5 A. No. 6 Q. --- are you aware of? 7 A. No. You stated in Magistrate Court that you 8 cancelled the inspection because of the extension cords 9 on the heat tape. 10 Q. Was yours one of them? 11 A. Yes. 12 Q. Was your sister's the other one? 13 A. Probably because her heat tape is right --- she 14 didn't have an extension cord on her heat tape. 15 Q. And that's going by the planning officer that 16 that is against safety and regulations that you do not 17 use an extension cord to plug up heat tanks because of 18 safety hazards and catching mobile homes on fire. And 19 that was stated to everybody in the letter from myself. 20 And so when the planning officer come back to re-inspect 21 the meters after we had them all installed, he could not 22 do the inspection because people did not abide by the 23 rules and regulations of the part to remove the extension 24 cords from the heat tape. 25 A. I think you said that the extension cord it is

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1 certified for heat tape. It states right on it that it's 2 certified for heat tape, that it is safe and I've always 3 used that particular brand of extension cord for it. 4 Because I do not have a plug at that end of the trailer. 5 The only place that my trailer leaks is where the pipe 6 comes up out of the ground from the ground under the 7 trailer. It's just a small piece; it's where the shut 8 off valve is. There's a shut off valve on my trailer 9 before the water meter and it --- the water cannot be 10 shut off at that point because when Mr. Anderson put the 11 water meter in he broke the shut off valve. And there's 12 no shut off valve. 13 When my trailer is moved, when it gets sold and 14 moved, the water will be continuously running because 15 there is no shut off valve. When I shut my water off at 16 the upper part of my trailer, there's no shut off valve 17 before the water meter and Mr. Anderson has not come back 18 to fix the pipe. 19 Q. What year did you say your mobile home was? 20 A. Mine is a 2006. 21 Q. So in 2006, if I do recall, they put outlets 22 underneath the mobile homes. I have been underneath a 23 1968 and it also has an outlet for heat tape. 24 A. I don’t have the ---. 25 Q. So your 2006 ---

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1 A. I don't have the ---. 2 Q. --- doesn't have an outlet underneath for the 3 heat tape? 4 A. Not there, it has one up at the other end where 5 the water goes into the trailer but that's not where it 6 freezes. The water has always froze right there where 7 the water comes up from the ground because my trailer is 8 not --- usually that part of the water meter or the water 9 line is under the trailer. Because of where my trailer 10 sits on the lot, it is outside the trailer. It is open 11 to the air and I have to keep heat tape and insulation on 12 it both. And it's on the opposite end of where my outlet 13 is. My outlet is up where the water usually comes into 14 the trailer. That lot, the water is at the front part of 15 the trailer and not the back. 16 Q. Would you be satisfied if we didn't charge for 17 water and sewer at all? 18 A. No, I want a fair set amount. If you're going 19 to add it in the rent, you add the rent and make it a 20 solid one set amount. I have no problem paying extra for 21 water and sewer, a set amount each month. I'm on a fixed 22 income. I cannot fluctuate my budget to allow for more 23 than what I have. It takes me a couple of months to 24 adjust my budget in order to keep the bills paid and keep 25 everything paid.

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1 Q. I have a copy of Mr. Jenkins' last four water 2 and sewer bills. Down at the bottom it has a total of 3 how much he's been paying for everybody to use the water 4 and their sewer to wash their vehicle, wash their mobile 5 home, wash outside people's clothes. It goes on and on 6 and on. 7 A. Okay, I do not wash my trailer, it has not been 8 power washed since I put my trailer in.

9 JUDGE: 10 Can we mark that as an exhibit? 11 A. That's extra water. I do not wash my car at the 12 lot. My husband and I are the only two in my trailer at 13 this point. We do not --- I wash my clothes, my own 14 clothes, I wash no one else's. 15 JUDGE: 16 I'm marking the Jenkins bill as Pines 17 Exhibit Three. 18 (Pines Exhibit Three marked for 19 identification.) 20 BY MS. ANDERSON: 21 Q. Do you think it's fair for Mr. Jenkins to pay 22 the total amount that's due to him from Central Hampshire 23 that supplies everybody water and sewer? 24 A. Yes, because it was a verbal agreement up until 25 this point that it was included in the rent. If there's

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1 water leaks from the one month it was only $890 some 2 dollars, there was a water leak from the month before. 3 It was repaired and the water dropped right there. If it 4 went back up, there's another water leak. The pipes are 5 old. The pipes that were in trailers one through ten 6 were there when they put the trailer court in. But 11 7 through 20 they put in after ’94 --- '93. Because my 8 husband I moved to that area in '92 and they were only 9 one through ten. So after that those other pipes were in 10 there, so they're over 20 years old from 11 to 20. 11 Q. Do you think that you should pay for what you 12 use? 13 A. I should pay for what I use, yes, but at a fair 14 amount. Not fluctuating from month to month, a set 15 amount.

16 MS. ANDERSON: 17 I have no further questions. 18 JUDGE: 19 Mr. Little? 20 ATTORNEY LITTLE: 21 Nothing. 22 JUDGE: 23 Very well, you may step aside and thank 24 you very much. Do you have any additional witnesses, Ms. 25 Coleman?

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1 MS. COLEMAN: 2 Let me call my nephew, Edward Hamilton. 3 JUDGE: 4 Okay, Mr. Hamilton. The court reporter 5 will put you under oath. 6 ------7 EDWARD HAMILTON, HAVING FIRST BEEN DULY SWORN, TESTIFIED 8 AS FOLLOWS: 9 ------

10 JUDGE: 11 Okay, Ms. Coleman. 12 DIRECT EXAMINATION 13 BY MS. COLEMAN: 14 Q. Mr. Hamilton, what do you do? What is your 15 training? 16 A. Electrician. 17 Q. Okay. And did you check out the coding for the 18 extension cords for the heat tape? 19 A. Yes. 20 Q. What did you find? 21 A. Section 400.10 of the NEC states that electrical 22 extension cords may be used to provide temporary power to 23 anything other than a major appliance. You cannot plug a 24 refrigerator in. You can't plug a stove into it but it 25 does not get as specific as I would like it to on heat

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1 tape. But it doesn't say that you're not allowed to plug 2 a heat tape into an extension cord. As long as the 3 extension cord is UL listed and approved, the extension 4 cord can be used outside. The extension cord cannot be 5 permanently affixed to any part of the structure and it 6 must be able to be removed. 7 JUDGE: 8 Very well. Other questions?

9 BY MS. COLEMAN: 10 Q. When Mr. Anderson came to put your water meter 11 in, did you ask him about doing it yourself? 12 A. Yes. 13 Q. What did he tell you? 14 A. He told me absolutely not. That Mr. Jenkins 15 insists on Mr. Anderson installing the meters. I asked 16 him if I could personally foot the bill for a licensed 17 plumber to install the water meter and he said no because 18 he does not, Mr. Jenkins, does not trust anybody working 19 on his water lines who he doesn't know. And I know a 20 licensed master plumber along with numerous master 21 electricians, journeyman electricians who all have 22 multiple years of experience in doing plumbing and 23 electrical. 24 Q. What happened in your trailer after a time that 25 the Anderson's turned off the water and did not notify

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1 you? 2 A. There's been numerous occasions where the water 3 pressure has dropped and it all started after the water 4 had been turned off altogether. I'll get in the shower 5 in the morning or at night and the water pressure, it'll 6 start out steady and it will just drop. 7 JUDGE: 8 Do you know why the water was turned 9 off? 10 A. I couldn't tell you. I have no idea. We 11 weren't notified of it, there was no advance warning. It 12 was just boom. And it also ---.

13 JUDGE: 14 Since that time, you say you have some 15 water pressure problems? 16 A. Yeah, the pressure, it'll start out pressurized 17 and then it'll just slow down to a trickle almost. 18 JUDGE: 19 Okay. 20 A. It also, in my mom and dad's bathroom, there's O 21 rings around the knobs that prevent it from leaking when 22 you open and close the valve. When they turned the water 23 off, my mother was in the shower getting ready for work 24 and shortly thereafter they turned it back on and it blew 25 the O ring in the valve causing water to spray

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1 everywhere. They had to pay a plumber to come in and 2 replace this O ring. And then it happened shortly 3 thereafter again and finally I had to replace the entire 4 valve. 5 JUDGE: 6 Other questions? 7 BY MS. COLEMAN: 8 Q. Did you have anything else you wanted to add? 9 A. I do know a person who audits public service 10 districts. Am I allowed to submit exhibits?

11 JUDGE: 12 You can have your Aunt --- 13 BY MS. COLEMAN: 14 Q. Do you have it? 15 JUDGE: 16 --- submit exhibits. 17 A. I have these two pieces of paper right here with 18 me. 19 BY MS. COLEMAN: 20 Q. And what did they tell you? 21 A. The person that I know who audits public service 22 districts tried as hard as she could to come to Ms. 23 Anderson's numbers with the water bill. And she has 24 three college degrees and she's worked for an accounting 25 firm for probably at least a year now, if not more, and

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1 she cannot come to the numbers. I give her everything 2 that was available to me from the Public Service 3 Commission's website to try and to come to these numbers 4 that Ms. Anderson is getting and she can't do it. Even 5 according to this Schedule 19 tariff, I think it was she 6 can't come to the numbers. 7 Q. And you used your mother's bills to try to 8 calculate this amount that was charged? 9 A. We used our bills along with Mr. Jenkins' bills 10 as a, how do I say that, as a control. She figured up 11 Mr. Jenkins' bill that was included on the Public Service 12 Commission's website as a control to prove that she can 13 figure out a bill based upon tariffs.

14 JUDGE: 15 Yeah, the ---. 16 ATTORNEY LITTLE: 17 I think the court could take it for 18 what it’s worth. 19 JUDGE: 20 Okay. Yeah, he's making a hearsay 21 objection and he's right, so maybe we should move on 22 to --- 23 A. Can you ---

24 JUDGE: 25 --- another witness.

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1 A. --- explain that a little bit more to me? I'm 2 not understanding what you're trying to say. 3 JUDGE: 4 Yeah, it's a legal objection based upon 5 the rules of evidence that essentially require someone 6 that --- I mean you're making a statement of this 7 individual that we can't talk to, that we can't ask 8 questions to. 9 A. Oh, okay.

10 JUDGE: 11 Generally the rules of evidence 12 prohibit that sort of testimony. Do you have any further 13 questions, Ms. Coleman? 14 MS. COLEMAN: 15 I don't think so. 16 JUDGE: 17 Okay, Ms. Sexton, do you have any 18 questions for this witness? 19 MS. SEXTON: 20 No. 21 JUDGE: 22 Ms. Anderson? 23 CROSS EXAMINATION

24 BY MS. ANDERSON: 25 Q. Do you know a Charlie Baker?

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1 A. I know of him. I don’t know him personally. 2 Q. Do you know his job? 3 A. He's the Hampshire County Inspector, I believe. 4 Q. So whenever he says that we should not use 5 extension cords to plug up heat tapes, he's wrong? 6 A. I'm not saying he's wrong but he's not qualified 7 as far as being a licensed electrician. If he can show 8 me an electrical license, which I can actually show you 9 proof of. Inspectors don't have to be particularly 10 trained in any one field. They can be a general 11 contractor. 12 Q. Do you know if Charlie Baker brings anybody with 13 him whenever he comes up there to do inspections? 14 A. I've never been around when Charlie Baker was 15 there. I've never personally seen Charlie Baker so I 16 wouldn't know if he's ever been in the park or not. 17 Q. Was you there when Mr. Anderson installed the 18 water meter? 19 A. Yes. 20 Q. So, you was also there when he shut down the 21 water; correct? 22 A. I didn't physically see him shut the water off. 23 Q. Was there ---? 24 A. With my trailer, I did. 25 Q. Was there water running out of your pipes when

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1 he cut the lines? 2 A. No. Because the shut off valve that was coming 3 out of the ground was shut off but the master meter 4 wasn't shut off at that point. 5 Q. But the water was shut off? 6 A. Yeah. 7 Q. And you was aware of the water was shut off? 8 A. Uh-huh (yes). But that's not when the O rings 9 were blown if that's what you're insinuating. 10 Q. What hours does your mom work? 11 A. 10:00 to 7:00. 12 Q. So you're saying that we was down there at ten 13 o'clock at night shutting the water down? 14 A. No. She don't get ready for work at ten o'clock 15 at night, she has to be to work at ten o'clock at night. 16 Q. Okay. Your, I don’t know if I can say this or 17 not, but this lady that you're speaking of? 18 A. Are you speaking of the --- 19 Q. The one that ---. 20 A. --- accountant that I know? 21 Q. The one that's doing all the figuring --- 22 A. Okay. 23 Q. --- with the papers and stuff like that. 24 A. Yes. 25 Q. You say she has several degrees and stuff like

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1 that? 2 A. Yes. 3 Q. All of my records and stuff went to the Water 4 Commissioner. I got --- the Water Commissioner found in 5 my favor that I was not overcharging people, also I'm not 6 making a profit nor do I intend to make a profit. It's 7 only to cover water and sewer charges. 8 A. Okay. 9 Q. So ---. 10 A. Is there a question with that? 11 Q. Yes. 12 A. Okay. 13 Q. They figured it out that I wasn't doing anything 14 wrong but this lady here is saying that she don't know 15 how to come up with it when ---. 16 A. No, she's not saying that she doesn't know how 17 to come up with it. She is saying simply that with two 18 accounting --- well, one accounting degree and one 19 business degree, and I'm not quite sure what the third 20 degree is in, she cannot figure out the same numbers that 21 you can figure out. Basically what that boils down to 22 for me is if an accountant cannot come up with the same 23 calculations that you do, how are you coming up with 24 them? And that's what I would like to know, that's what 25 everybody in the trailer park would like to know. What

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1 your calculations are to base your bill upon? How are 2 you coming up with the bill and, you know, where is these 3 numbers coming from? That's all I was trying to get at. 4 JUDGE: 5 Further questions for him? 6 MS. ANDERSON: 7 No. 8 JUDGE: 9 Mr. Little? 10 CROSS EXAMINATION

11 BY ATTORNEY LITTLE: 12 Q. Just out of curiosity, what gauge is the 13 extension cord? 14 A. Twelve (12). 15 Q. Is that just a regular extension cord? 16 A. It is an outdoor rated extension cord with an 17 orange outer coating on it, insulated and waterproof. 18 ATTORNEY LITTLE: 19 That's all I have. 20 JUDGE: 21 Very well, you may step aside. Thank 22 you very much. Additional witnesses, Ms. Coleman? 23 MS. COLEMAN: 24 No. 25 JUDGE:

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1 Okay, Ms. Anderson, do you have any 2 witnesses? 3 MS. ANDERSON: 4 No. 5 JUDGE: 6 Mr. Little? 7 ATTORNEY LITTLE: 8 If the court would permit, the Staff 9 would like to call Ms. Anderson.

10 JUDGE: 11 That’s fine. The court reporter will 12 place you under oath. 13 ------14 DAWN ANDERSON, HAVING FIRST BEEN DULY SWORN, TESTIFIED AS 15 FOLLOWS: 16 ------17 DIRECT EXAMINATION 18 BY ATTORNEY LITTLE: 19 Q. Ms. Anderson, you've stated at the beginning of 20 the hearing that you're the Superintendant of the trailer 21 park? 22 A. Yes, sir. 23 Q. Do you live there? 24 A. No, sir. 25 Q. Do you have an office there?

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1 A. No, sir. 2 Q. Describe some of your duties as Superintendant. 3 A. I do the monthly billings, I do all paperwork as 4 far as leases and stuff goes. I also handle court 5 hearings, I produce the monthly rent rate --- I mean the 6 rent, I produce that bill, I send out spreadsheets of how 7 much the total amount is owed. I take money from people 8 that is renting a mobile home. I also evict people from 9 the mobile homes. 10 Q. If somebody has a problem with their --- well, 11 let me ask you this and back up, the trailer court, are 12 the trailers there owned by the Pines Mobile Home Court, 13 Mr. Jenkins, or just the lot? 14 A. We do own some of the mobile homes that's 15 sitting on the lot. He owns the lot and seven mobile 16 homes. The rest are owned by individuals. 17 Q. And where --- you have an office somewhere else 18 or do you work out of your home? 19 A. Out of my home. 20 Q. And if somebody wants to pay their rent do they 21 come to your home or do you go to their trailer, collect 22 the rent? 23 A. No, sir. Everybody’s gotten a letter that the 24 rent is due on the first of every month. And so at that 25 time I go around, I'll do two shifts, one I'll work in

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1 the morning. I'll go in the morning, get the people 2 that's not working and I'll go back in the evening 3 that's, you know, that's home in the evening to collect 4 rent money. 5 Q. And you’re an employee of Pines Mobile Homes 6 Court. What's your relationship with Pines? 7 A. I just do all the --- I'm just a Superintendant. 8 He has me handle all of his ---. 9 Q. Are you paid by --- when you say he, is that Mr. 10 Jenkins? 11 A. Yes. 12 Q. Are you paid by Mr. Jenkins? 13 A. No, sir. 14 Q. You're not doing this for free? 15 A. My husband is the one that took over the mobile 16 home court and then they asked me if I would take care of 17 all of the ---. 18 Q. You say took over the mobile home court, what 19 does that mean? 20 A. To take care of like the maintenance and 21 everything in the mobile home court and Mr. Jenkins pays 22 Mr. Anderson for his work. 23 Q. Your husband? 24 A. Yes. 25 Q. And you help your husband with the duties you

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1 just described? 2 A. Yes. 3 Q. Now, whose decision was it to install the 4 meters? 5 A. The owner of the mobile home court. 6 Q. Mr. Jenkins? 7 A. Yes. 8 Q. And I think there's been testimony that your 9 husband installed the meters? 10 A. Yes, sir. He installed some of them. 11 Q. Some of them, what other persons or people 12 installed the meters? 13 A. Mr. Jenkins did come up to help assist Mr. 14 Anderson with the meters and also at that time they did 15 wrap them all with heat tape and with flag insulation, 16 pipe tape, plus insulation with duct tape around that.

17 JUDGE: 18 These meters are not in pits, meter 19 pits? 20 A. No, sir. They are under each mobile home. 21 JUDGE: 22 Sitting on a board? 23 A. Yes. The way that it's set up is that we have 24 shut off valves, which some of thems underneath mobile 25 homes; some of thems out along the side of them. And

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1 then Mr. Jenkins decided because we went to Central 2 Hampshire to a meeting to see if they would install them. 3 They would not install them so at that time Mr. Jenkins 4 looked into it himself to see what the cheapest way and 5 the right way to do this. And so then he decided to have 6 them installed underneath the mobile home and then we put 7 the insulation and stuff around them to keep them from 8 freezing.

9 BY ATTORNEY LITTLE: 10 Q. I'll hand you a document. At the top, it says 11 case number 12-0926 and Partial Response to Staff's Data 12 Request. 13 ATTORNEY LITTLE: 14 I would like to have that marked as 15 Staff Exhibit Two. 16 JUDGE: 17 Yes, sir. We are --- I'll mark it as 18 Staff Exhibit Two. 19 (Staff Exhibit Two marked for 20 identification.) 21 JUDGE: 22 I've noticed that there was a document 23 that I had marked as Pines Exhibit Two. I already had an 24 Exhibit Two so I've re-marked it as Pines Exhibit Four. 25 It's the calculation with the red box on it regarding the

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1 division of the water bills. My apologies. So that's 2 now been marked as Pines Exhibit Four. 3 (Pines Exhibit Four marked for 4 identification.) 5 JUDGE: 6 And I've marked the document Mr. Little 7 requested as Staff Exhibit Two. 8 BY ATTORNEY LITTLE: 9 Q. Are you familiar with this document? 10 A. Yes, I am. 11 Q. And you were sent data request and 12 interrogatories by myself. Are these the responses to 13 those interrogatories? 14 A. Yes. 15 Q. Or some of them?

16 ATTORNEY LITTLE: 17 Your Honor, if we could do these at the 18 same time, Staff Exhibit Three. 19 JUDGE: 20 I will mark the document that Mr. 21 Little just provided as Staff Exhibit Three. 22 (Staff Exhibit Three marked for 23 identification.)

24 BY ATTORNEY LITTLE: 25 Q. Do you recognize this document that I just

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1 handed to you that's been marked as Staff Exhibit Three? 2 A. Yes. 3 Q. Did you prepare that document? 4 A. The whole documentation, no, I did not. 5 Q. What ---? 6 A. Are you referring to the last one that you 7 just --- 8 Q. The one --- 9 A. --- gave me? 10 Q. --- that's been marked as Staff Exhibit Three. 11 What portions did you not prepare? 12 A. The response to number five, the response to 13 number six. 14 Q. Who prepared those responses? 15 A. At this time, my daughter-in-law, she helped me 16 with the spreadsheet, the billing thing right there, the 17 Pines Exhibit, I think, Three. 18 Q. You mean she typed these for you? 19 A. Yes. 20 Q. But these are your answers to the questions? 21 A. Yes, I sent these in myself. She didn't help me 22 with them, she is an accountant. She works for an 23 accounting firm in Rawlings, Maryland. Whenever I was 24 using this tier chart I had talked to, I think, a Chris 25 Out (phonetic) at the Commissioner's place. And then he

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1 told me that I couldn't use a tier chart because ---. 2 Q. What you have in these documents here is to the 3 best of your knowledge true and accurate? 4 A. Yes. 5 Q. And you would swear that those are since you are 6 under oath? 7 A. Yes. 8 ATTORNEY LITTLE: 9 And I'm going through those primarily 10 because the findings are pro se versus law. The Staff is 11 relying on these responses to formulate its 12 recommendation. And since Ms. Anderson is not 13 represented by an attorney, no one representing her moved 14 these into evidence.

15 JUDGE: 16 Very well. 17 ATTORNEY LITTLE: 18 And I would ask that these be moved 19 into evidence understanding that Ms. Coleman and Ms. 20 Sexton do have the right to object. 21 JUDGE: 22 Okay, very well. So he's moved into 23 admission Staff exhibits one, two and three. Any 24 objection to the admission into evidence of Staff 25 exhibits one, two and three?

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1 MS. SEXTON: 2 I do have one question. 3 JUDGE: 4 Okay. 5 MS. SEXTON: 6 On the page where they have the sewer 7 lines are in the trailers, there's only 9 trailers on the 8 back lot and the last two are positioned wrong. That was 9 my only problem with that.

10 JUDGE: 11 Okay. You'll have an opportunity to 12 question Ms. Anderson and --- 13 MS. SEXTON: 14 Okay. 15 JUDGE: 16 --- she might be the best person to ask 17 that question to. 18 MS. SEXTON: 19 Okay. 20 JUDGE: 21 So hearing no objections, Staff 22 Exhibits One, Two and Three are admitted into evidence. 23 On the lots that have no meters, they're not occupied; is 24 that right? 25 A. Correct.

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1 JUDGE: 2 Okay, but every occupied lot has a 3 meter? 4 A. Yes, sir. 5 JUDGE: 6 Okay, you're treating all the customers 7 the same? 8 A. Yes, sir.

9 JUDGE: 10 Okay. I'm sorry, Mr. Little, you may 11 proceed. 12 BY ATTORNEY LITTLE: 13 Q. So Ms. Anderson, take us through your process 14 for when it comes time to generate a monthly bill. Is 15 that a correct statement that the meters are read 16 monthly? 17 A. Yes. 18 Q. And then you physically read each meter on each 19 trailer? 20 A. Correct. 21 Q. And are the tenants present when you do that? 22 A. Not all tenants, no. 23 Q. What do you do after you read the meters? 24 A. I write them on paper and then I go to the 25 computer and I jot down everybody's reading. And then

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1 the system calculates how much they used. 2 Q. What system? Explain the system, please. 3 A. It's a pro-rate chart that I have on the 4 computer. I put in the ---. 5 Q. That's something you came up with your self or 6 is it commercial? Did you buy it or did you design it? 7 A. No. Me and my daughter-in-law actually came up 8 with it, because I was telling her what I was trying to 9 do and how could I do this to where it would be fair to 10 everybody to where they only pay what they use. 11 Q. Is this like an Excel spreadsheet? Or a --- 12 A. Yes. 13 Q. --- spreadsheet? 14 A. Yes. 15 Q. Columns with the names --- 16 A. Yes. 17 Q. --- and the usage and you input that manually? 18 A. I put in their usages. Now, from the previous 19 month it automatically carries over to the next month 20 onto the spreadsheet. And then I do put in the present 21 amount reading and it calculates how many total gallons 22 they used, you know, from the present to the previous. I 23 read the meter the same time the water company reads it 24 on or about the 15th. Sometimes the 15th falls on a 25 Saturday, we might read it on the 14th or we might read

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1 it on that Monday. It depends on what that falls on 2 because we usually don't work on weekends down there. 3 Q. And once you input the usage numbers, it 4 automatically subtracts or adds the gallons used? 5 A. Yes. 6 Q. And then does that program do anything else? 7 A. It just calculated down to the dollar, down to 8 the whole --- excuse me. After I put in --- Mr. Jenkins 9 water bill comes to my P.O. Box so that I have it, so I 10 have to time to generate the bill. So what I do, I put 11 in his total reading, the previous and the present and 12 the total of the bill. And then Excel, its set up to 13 where I have it to calculate the whole thing in red, the 14 box that's in red. It calculates that down to the bill.

15 JUDGE: 16 If you add up all the water meter 17 readings of all the tenants and that number is less than 18 the number of Mr. Jenkins water bill, what happens? 19 A. If it's less? Well, if it's showing more water 20 that means that we've lost water. And sometimes, you 21 know, we are down there working on water. I mean we 22 might be down there cleaning a mobile home or whatever 23 using the water. When someone moves in, we do not charge 24 them for that, we go out there and we read the meter and 25 whatever it says at that time they move in, that's what

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1 they start getting charged for. So there is going to be 2 some water loss in between that there but we are not 3 billing our customers for that water loss. 4 JUDGE: 5 So the leak that was mentioned earlier 6 in the hearing, that was something that Mr. Jenkins bore 7 the cost of? 8 A. Yes, sir.

9 JUDGE: 10 And that's the way the procedure works? 11 A. Yes. 12 JUDGE: 13 Okay. Again, I'm sorry. 14 BY ATTORNEY LITTLE: 15 Q. Once you have the numbers into the spreadsheet, 16 how do you bill each individual trailer? Are those ---? 17 A. I bill them with a monthly ---. 18 Q. Is there a separate water bill sent to each 19 trailer --- 20 A. No, sir. 21 Q. --- or is there --- 22 A. No, sir. 23 Q. --- one bill for their lot rent and the water 24 and sewer? 25 A. Yes, sir.

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1 ATTORNEY LITTLE: 2 I believe those have already been 3 admitted into evidence. 4 JUDGE: 5 Yeah, we've got examples. 6 A. If I use another spreadsheet to put down here, 7 business name, the lot number, and the monthly rent, 8 which is $200 if they own their mobile home. The water 9 and sewer charges and it says down there it's a total of 10 $244.86 and this is based on the lot usage percentage of 11 total park usage. I also list the previous and the 12 present reading just so that the tenants will understand, 13 you know, if they use 1,950, in case they need to justify 14 their water usage. You know, so they don’t use too much, 15 I mean, they know how much their bill is or they can 16 justify that. And that way it won't be so hard on them.

17 BY ATTORNEY LITTLE: 18 Q. Now, where do you --- or say somebody uses 1,000 19 gallons of water in a month, use this as a hypothetical 20 example, how do you determine what rate do you charge 21 them for that usage? Where do you get that number? 22 A. It is all prorated. 23 Q. Prorated? 24 A. For the total amount that the park uses and 25 everybody's individual meters, it's pro-rated off of

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1 that. 2 Q. Now, do you know where that number comes from 3 for the park usage, the entire park? 4 A. They read the meters. I don’t understand. 5 Q. How is the entire park’s usage measured, do you 6 know? 7 A. Just by prorating it. I put in the park's usage 8 and then it calculates ---. 9 Q. Where do you get that usage from? 10 A. From the water bill. 11 Q. The water bill from the --- 12 A. The ---. 13 Q. --- Public Service District? 14 A. Yes. 15 Q. And do you know how the Public Service District 16 arrives at that number that you get in the bill? 17 A. Are you talking about the usage? 18 Q. Yes, the usage. Do you know where that comes 19 from? 20 A. They ---. 21 Q. How they generate that? 22 A. Yes, from our master meter. 23 Q. Do you ever read the master meter yourself? 24 A. Yes, we do. We actually do the master meter 25 reading before we take our reading. We'll stop there and

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1 do our master reading first. And then we go down to each 2 lot, we open up the under thing, we do the reading, I 3 mark it down. I don't do no calculations there because I 4 do it whenever I'm at my house where I can sit, make sure 5 that I have everything correct as far as that they use 6 and stuff so I can put it in the system right. 7 Q. Now, let me stop you there, I'm sorry. What if 8 a tenant has a dispute about how much water they used? 9 What happens then? 10 A. We ask them or tell them, you know, when we come 11 read your meter, you're more than welcome to come out 12 with us and get the reading. The Coleman's have done 13 that and also the Hamilton's. 14 Q. If somebody's not there or if they're at work 15 when their meter's read and they get a bill a few days 16 later for 30,000 gallons of water, then what happens, 17 what is your procedure then? 18 A. Basically all we do is we have them get their 19 previous bill or sometimes I might have it on me, and it 20 has what the previous amount was and then we go and look 21 at their meter and it's going to be pretty close to what, 22 you know, our reading was. 23 Q. What if it's not close, what if there's an error 24 or you entered the transposed numbers, just as an 25 example, in the spreadsheet that generated a very large

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1 bill and the tenant wasn’t there to see the reading and 2 the tenant complains, what happens then? 3 A. We basically, you know, don't do anything about 4 it. We just go there and read the meters, they know 5 about what day we're going to read them on. Just like as 6 far as like collecting the rent, you know, we go two 7 times. I mean if they want to be there when we read the 8 meter we tell them the dates, I mean we can't wait for 9 this one or that person there to show up or whatever. We 10 are not here to rip anybody off, we only ---. 11 Q. I'm not saying you are, --- 12 A. Right. 13 Q. --- I just want to understand --- 14 A. Right. 15 Q. --- what happens because Public Service 16 Districts have procedures in place for instances like 17 this. Now, what if somebody has something happen to 18 their trailer, somebody backs their car into the trailer 19 while they're at work, severs the water meter and the 20 water line or severs the water line. Water continues to 21 run. Nobody sees it for a few hours. That's an awful 22 lot of water that's run through the meter. You come to 23 read the meter, that's going to be a large bill. What 24 would happen in that case? 25 A. We would just have to try to figure out an

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1 amount from their previous bill when we went down there 2 when this incident happened to see how much, you know, 3 water --- and plus we can go back and look at previous 4 things, how much they've been using through the month. I 5 mean ---. 6 Q. So you'd look an average usage for however long 7 they've been there? 8 A. Yeah, because on that spreadsheet, lot three, 9 no, lot two is using a good bit of water and I brought it 10 to his attention and he's using more and more each month. 11 And I asked him, I said, do you have any water leaks? 12 When we notice a high amount like that we look at the 13 water meter, our water meter has a little red spin dial 14 on there and what happens, it shows us if there's a water 15 leak in the mobile home. Because when the water's off 16 inside if that needle keeps spinning, we know that 17 there's a water leak somewhere. 18 Q. So that is a large amount of water for Mr. 19 Wetzel, 8600 gallons, $199 bill, did he have any response 20 to you? I mean, is he concerned about a water leak? 21 A. No. We had checked out his meter. Anybody 22 that's concerned with their water, we always take them 23 around, show them the meter ---. 24 Q. He's not worried about it? 25 A. Apparently, he knows that, you know, they are

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1 using a lot of water inside the mobile home. 2 Q. A lot of residents in that trailer? 3 A. Yes. There is five people in that mobile home. 4 And that amount also includes the sewer too, so ---. 5 Q. When these meters were installed, were they new 6 meters, brand new out of the box or used? 7 A. We had gotten them out of the box. 8 Q. Do you know if they were used previously? 9 A. They might've been used previously but they all 10 were calibrated before we got them from a company. Mr. 11 Jenkins is the one that ordered those, they come to his 12 house and he just gave them to Mr. Anderson to install. 13 And I think a lot of them was like on zero whenever we 14 first put them in. One or two might of had two on there 15 and ---. 16 Q. When he got the meters when the meters were 17 installed, do you know if anybody, when the meters were 18 received by Mr. Jenkins, if anybody tested the meters to 19 see if they were accurate? 20 A. No. 21 Q. They weren't tested or you don't know? 22 A. I don’t know. 23 Q. And where did you get the meters or where were 24 they bought? 25 A. He bought them off of somebody from the

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1 internet. It was a company. 2 ATTORNEY LITTLE: 3 That's all I have, Your Honor. 4 JUDGE: 5 Very well. Ms. Sexton, do you have any 6 questions for Ms. Anderson? 7 CROSS EXAMINATION 8 BY MS. SEXTON: 9 Q. Just like I was saying, then why would she pay 10 the $200 for the lot rent and then extra for the water? 11 We just can't afford it with our budget. I mean if you 12 don't mind, I'd like to ask her another question about 13 the things the markers you all put up in the yards that 14 has our lot numbers on it. 15 A. I don’t know. 16 Q. The metal markers that has lot 15, it has every 17 trailer number and --- 18 A. No, it has ---. 19 Q. --- they're sticking in our front yard. I would 20 ask that mine be moved to the side of the trailer, I've 21 done hit it twice. I'm blind after dark. I'm legally 22 blind. And I have to go around my deck to the trash cans 23 that we were asked to put there and ---.

24 JUDGE: 25 Okay. I mean if it's involving the

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1 trash can or a number or something you can ask her after 2 the hearing if she can accommodate what you need her to 3 do. 4 MS. SEXTON: 5 And I mean mostly my concern is why pay 6 the $200 for lot rent plus the extra in water bill, why 7 raise the lot rent $30 more if we're going to pay over 8 that for the water too as well, you know? I mean ---

9 JUDGE: 10 Okay. 11 MS. SEXTON: 12 --- I can't afford to go anywhere else, 13 I like it at the Pines. It's the only home I have. I 14 have no where else to go. I speak for everybody in the 15 Pines trailer park. We're all scared to open our mouths 16 up because we're afraid we're going to get an eviction 17 notice to get out because of the water. And I've been 18 there two years and I have not bothered anybody. There's 19 only been one incident at my house. It has been settled. 20 The gentleman has not come back. But I think I'm 21 entitled to have a companion and whatever, you know, I 22 don’t bother anybody. I stay in my trailer. I come and 23 go and that's it. I don’t bother anyone.

24 JUDGE: 25 Okay. Ms. Coleman, you have any

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1 questions for this witness? 2 MS. COLEMAN: 3 I'd still like to know why they're 4 using the total amount used from the park when the 5 tenants clearly don't use all of that water. 6 JUDGE: 7 Okay, you can ask her. 8 CROSS EXAMINATION

9 BY MS. COLEMAN: 10 Q. Why are we being charged? I mean you can see it 11 in both documents or the first document here. They're 12 using as an example and it's how the bill was calculated 13 because of the calculation and you're still using right 14 there, the amount for that bill, to calculate the bill 15 that was generated for Mr. Eversole. 16 A. This is not my calculations. 17 Q. It's still ---. 18 A. I don't know where that came from. 19 Q. Then where do you get --- you would have to use 20 the same calculations because they come up the same exact 21 payment that's on here that is on the chart that you 22 submitted. It's the same exact amount. And that's the 23 calculations that the Commission used to get it. Now, 24 how did you get yours if it came out the same way? Their 25 calculations and your bill came out the same exact

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1 amount. You would have to be using the total amount that 2 was used in the park, which that one was 57,500. 3 JUDGE: 4 When you calculate the bills for the 5 month, if you take a big number and you take all these 6 little numbers and you figure out a percentage of the big 7 number that the little number is; right? Like if the 8 Coleman reading is four percent of the big number, then 9 you charge her four percent of the big number; right? 10 A. Right.

11 JUDGE: 12 Now, can you tell me what the big 13 number is? Is the big number --- can you tell me what 14 the big number is? Is that the reading off the Central 15 Hampshire Public Service District bill or is that the 16 addition of all the little numbers off of all the little 17 meters? 18 A. No, that's the reading off the master meter. We 19 go by those because that's what Mr. Jenkins is getting 20 billed for. 21 JUDGE: 22 Okay. So you use the Jenkins bill and 23 then you divide it up. So how, if you do it that way, 24 how is Mr. Jenkins paying for the leaks? 25 A. Because it's not included. There was one bill

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1 that was $1,300, I think, Mr. Jenkins ended up paying 2 $300 and some dollars of it. 3 JUDGE: 4 Okay. And how did that happen? I mean 5 if you just used his whole bill and you divided it up 6 between the tenants, how --- 7 A. Because ---. 8 JUDGE: 9 --- how did he end up paying any of it? 10 A. Because what the tenants used and what Mr. 11 Jenkins got billed for was different. So I only put in 12 what the tenants used on that ---

13 JUDGE: 14 On that particular bill? 15 A. --- on that particular bill. 16 JUDGE: 17 Okay, so if you know there's a leak 18 then you add up all the little numbers and check it to 19 see if it matches with the big number? 20 A. Oh, yeah. I do total all little numbers. 21 Because you can see where there's a difference in the 22 total usage that's been used and then our total. And 23 that means that there was a water leak or that we was 24 using water that's not on anybody's meter. 25 JUDGE:

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1 Okay, does that happen very often that 2 there's a difference? 3 A. No. 4 JUDGE: 5 Okay. Usually what's posted on the 6 master meter's is used by one of the tenants? 7 A. Yes. 8 JUDGE: 9 Okay. Ms. Coleman, you have anything 10 further?

11 MS. COLEMAN: 12 That was just the main thing, just why 13 they’re using --- why they were basing it on and 14 according to the calculations from here and to what she 15 came up with they're still using --- that was using the 16 big number in order to --- 17 JUDGE: 18 The master? 19 MS. COLEMAN: 20 --- portion out. Yeah, the master 21 meter reading in order to portion out everybody's meter. 22 JUDGE: 23 Okay.

24 MS. COLEMAN: 25 Where instead if she'd have done it the

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1 other way and what the tenants had used, the total usage 2 of the tenants, you divide it by that, it would get a 3 different number. 4 JUDGE: 5 Okay. I think we all understand the 6 issue. 7 MS. COLEMAN: 8 Yeah.

9 JUDGE: 10 Anything further for this witness? Mr. 11 Little? 12 ATTORNEY LITTLE: 13 No. 14 JUDGE: 15 Okay. Thank you very much, you may step 16 aside. Do you have additional witnesses? 17 ATTORNEY LITTLE: 18 Yes, Your Honor. The Staff will call 19 David Holley. 20 ------21 DAVID W. HOLLEY, HAVING FIRST BEEN DULY SWORN, TESTIFIED 22 AS FOLLOWS: 23 ------24 DIRECT EXAMINATION 25 BY ATTORNEY LITTLE:

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1 Q. Tell us your name. 2 A. David W. Holley. 3 Q. How are you employed? 4 A. I am a technical analyst with an engineering 5 degree, the metering division of the West Virginia Public 6 Service Commission. 7 Q. How long have you worked there? 8 A. Fourteen (14) and a half years. 9 Q. Give us a brief summary of what you do at the 10 Commission. 11 A. Well, such as these, I review complaint case 12 from a technical standpoint and provide recommendations 13 to the Commission. I also review certificate filing, 14 which are for projects that facilities want to construct 15 and review other ---. 16 Q. You've been assigned to the case here today; 17 correct? 18 A. That's correct. 19 Q. And you conducted that investigation? 20 A. That's correct. 21 Q. And tell us what you did. 22 A. Well, I actually came up here and met with the 23 Complainants and discussed and listened to what their 24 concerns were. They were basically telling me ---. 25 Q. You went up to the trailer park?

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1 A. Pardon me? 2 Q. You went out to the --- 3 A. That's correct. 4 Q. --- park? 5 A. Correct. 6 Q. You looked at the water meters? 7 A. Well, I first met with the Complainants and we 8 looked at the water meters and you have some photos there 9 that I took if we can --- there's one set of color for 10 the original file. The others were black and white.

11 JUDGE: 12 Do you want this marked as one exhibit 13 or several? Are we going to be talking about particular 14 pictures in detail? If we are, we probably should mark 15 them --- 16 ATTORNEY LITTLE: 17 Mark them separately. 18 JUDGE: 19 --- separately. Okay, that's what I'll 20 do then. We already have three staff exhibits and this 21 is another One, Two, Three, Four, Five, Six, Seven. So 22 I'll mark them as Four, Five, Six, Seven, Eight, Nine, 23 and Ten. There is a date stamp and an hour and a minute 24 stamp on each of these pictures and I marked the one 25 that's 17:51 as Staff Exhibit Four.

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1 (Staff Exhibit Four marked for 2 identification.) 3 JUDGE: 4 The one that is 17:45 as Staff Exhibit 5 Five. 6 (Staff Exhibit Five marked for 7 identification.) 8 JUDGE: 9 The one that is 17:44 as Staff Exhibit 10 Six. 11 (Staff Exhibit Six marked for 12 identification.)

13 JUDGE: 14 It looks like there are two that are 15 17:44. I marked the one that is 17:44 that has less 16 green on it as Staff Six and the 17:44 with more green as 17 Staff Exhibit Seven. 18 (Staff Exhibit Seven marked for 19 identification.) 20 JUDGE: 21 I marked the one that's 17:31 as Staff 22 Exhibit Eight. 23 (Staff Exhibit Eight marked for 24 identification.) 25 JUDGE:

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1 Again, we have two 17:31s, the one with 2 less green is eight and the one with more green, 17:31 as 3 Nine. 4 (Staff Exhibit Nine marked for 5 identification.) 6 JUDGE: 7 And I've marked the 17:51 --- there's 8 two of those, aren’t there? I marked the one with --- 9 it's a close-up, the closer close-up of the meter as 10 Staff Ten. 11 (Staff Exhibit Ten marked for 12 identification.)

13 JUDGE: 14 And the one that's farther from the 15 meter is Staff Four, which I already marked. That's 16 probably confusing but you may proceed. Thank you very 17 much. 18 BY ATTORNEY LITTLE: 19 Q. Mr. Holley, look at Staff Exhibit Four, tell us 20 what that is? 21 JUDGE: 22 Take these. That's the safest 23 part. 24 A. Well, basically they're all samples of how the 25 meters are installed. And basically ---.

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1 BY ATTORNEY LITTLE: 2 Q. Are they different meters? 3 A. Some of them are different meters, some are I 4 see a couple pictures or so from the same meter. 5 Q. At different angles for perspectives? 6 A. Right. Since I just wanted to show that they 7 are as has been described under the mobile home sitting 8 on a board here. They're wrapped in insulation and I 9 talked to Ms. Anderson, they have heat tape under the 10 insulation. 11 Q. You investigated cases involving water meters 12 and insulation of water meters in your career at the 13 Public Service Commission; correct? 14 A. I've investigated water meters, yes. 15 Q. Is this a standard installation of water meters? 16 A. No. No, it's not. 17 Q. In your experience, --- 18 A. No. 19 Q. --- what's different about it? 20 A. It's aboveground. Most public utilities put 21 their meters in meter pits which allow the meter to be 22 below ground surface which would enable them to not 23 freeze and not even require any insulation. I'd say at 24 most there are few mainly older municipalities that may 25 have meters inside the home, but those are rare.

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1 JUDGE: 2 And if it's either inside the home or 3 down in the water pit, it's not going to freeze? 4 A. Correct. 5 JUDGE: 6 You think these are likely to freeze? 7 A. I think the insulation and the heat tape will 8 help, but I don’t think you can guarantee it will not 9 freeze. I mean, they seem to be well insulated.

10 JUDGE: 11 Depends on how cold it gets. 12 A. Basically, or I guess that maybe if how much air 13 flow and for whatever reason it cracks. 14 JUDGE: 15 If this were a regulated utility, do 16 our water rules specify how meters are to be installed? 17 A. No. 18 JUDGE: 19 They don’t require that they be in 20 meter pits? 21 A. Not that I know of and ---. 22 JUDGE: 23 Okay. That is the standard practice. 24 A. That’s standard practice. 25 JUDGE:

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1 Okay. So if there are frequent 2 freezing issues at this facility, what kind of 3 engineering advice might you give? 4 A. I'd recommend they be installed as the normal 5 utility does and that they purchase the meter casing and 6 lids and put them below ground surface. 7 JUDGE: 8 How many winters have these meters been 9 in? 10 A. I believe this will be the first.

11 JUDGE: 12 This will be the first winter? Okay. 13 That's kind of scary. Okay, I'm sorry. 14 BY ATTORNEY LITTLE: 15 Q. If these meters were in a pit or well, if they 16 were in the pit, would the chances of them freezing be 17 greatly lessened? 18 A. Yes. 19 Q. Even more so if they were inside the mobile 20 home? 21 A. Inside the mobile home? 22 Q. Yes. 23 A. Yes.

24 ATTORNEY LITTLE: 25 There’s one more exhibit, Your Honor.

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1 JUDGE: 2 Okay. Did I already mark the staff 3 exhibit, I mean the staff? 4 ATTORNEY LITTLE: 5 That was Mr. Bevins --- 6 JUDGE: 7 Okay. 8 ATTORNEY LITTLE: 9 --- memorandum.

10 JUDGE: 11 Okay. Very well. 12 ATTORNEY LITTLE: 13 This is Mr. Holley's. 14 JUDGE: 15 So I think I'm up to 11? 16 ATTORNEY LITTLE: 17 Yeah. 18 JUDGE: 19 Is that right? Okay. I'm marking this 20 other final internal memorandum as Staff Exhibit Eleven. 21 (Staff Exhibit Eleven marked for 22 identification.) 23 BY ATTORNEY LITTLE: 24 Q. Now, you've been handed what was marked Staff 25 Exhibit Eleven, if you could just tell us what that is?

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1 A. This is my final internal memorandum making my 2 recommendations. 3 Q. What's your recommendation? Is it what you 4 testified to here today? 5 A. Well, I made my comments because I leave it up 6 to the legal and utility division to determine whether 7 the park can be considered a public utility. 8 Q. So you're not making that recommendation? 9 A. I'm making comments that I observed.

10 ATTORNEY LITTLE: 11 I have no further questions of Mr. 12 Holley, Your Honor. And ask that the pictures and the 13 memorandum be admitted to evidence pending any 14 objections. 15 JUDGE: 16 Okay, any objection to the admission 17 into evidence of Staff Exhibits Four through Eleven? 18 Hearing none, they're admitted into evidence. Ms. 19 Sexton, do you have any questions for Mr. Holley? 20 MS. SEXTON: 21 No. 22 JUDGE: 23 Ms. Coleman, do you have any questions 24 for Mr. Holley? 25 MS. COLEMAN:

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1 Yeah. Yes, sir. 2 CROSS EXAMINATION 3 BY MS. COLEMAN: 4 Q. Because the cover is --- the water will run 5 right underneath these covers on the meters. That's not 6 protected by heat tape and insulation tape, will that 7 freeze them? 8 A. Well, you're seeing there is the --- what is 9 called the register. That's the portion that provides 10 the readings, the gearing that goes to the site. 11 Q. Right. 12 A. The actual meter with water flowing is below 13 that top there. And again, I'd say being wrapped there's 14 probably not a large or great degree of chance of 15 freezing but and I cannot say for certain that they will 16 not freeze. 17 Q. Okay, I'm looking at pictures of mine. It's the 18 two that are 17:31 on the time. The insulation and the 19 heat --- there's no heat tape on these meters. The heat 20 tape is --- this is my trailer and my heat tape is below 21 where they're showing. It's outside the trailer. And 22 the insulation doesn’t go all the way up around the 23 meter. My water tends to freeze rapidly anyway for some 24 reason. I have a problem every year no matter whether my 25 heat tape's on or not. Is that going to freeze? And

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1 December and January are the months that it's going to 2 freeze; do you think that's going to freeze? And what 3 will happen --- my question is what's going to happen 4 when it freezes? Is it going to burst? I will have no 5 way of cutting the water off other climbing under my 6 trailer of my own personal master shut off valve on the 7 trailer. 8 A. If it freezes right at the meter? 9 Q. If it freezes there, yeah, because the way that 10 the insulation doesn't come up around all the way around 11 it and it's going to freeze. 12 A. I believe it's likely the water will --- at 13 first, where the water is coming out it's likely to leak 14 from the ground because if you're going to have your 15 faucets and so forth turned off, it should not come into 16 your house. So it would actually leak out underneath 17 your trailer, your mobile home.

18 JUDGE: 19 It's more likely to freeze and not bust 20 than to freeze and bust; is that correct? 21 A. Right. 22 BY MS. COLEMAN: 23 Q. Okay, one more question. All the meters on here 24 but mine have a register number is --- it's been 25 scratched off on mine. I asked Mr. Anderson to let me

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1 see it before they put it in with the registration 2 number. I wanted to personally find out about the meter 3 myself. My father was a certified plumber. He 4 retired ---. 5 ATTORNEY LITTLE: 6 I'm going to object to relevance, 7 question, please. 8 MS. COLEMAN: 9 Okay.

10 JUDGE: 11 Okay. I'll allow the question, but I 12 guess the question is is there any concern to you that 13 her meter doesn't seem to have a registration number. 14 Back up one more than that, does her meter have a 15 registration number, if you know? 16 A. Well, as she's indicated in the picture, it does 17 not on the cover. 18 BY MS. COLEMAN: 19 Q. You can clearly see it in person that it's been 20 scratched off. It's dug off. 21 JUDGE: 22 So does that create a concern with you? 23 A. If the mobile home court was a public utility, 24 yes. They would need to go back and --- pubic utilities 25 keep records of testing meters and so forth and if

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1 there's a problem with the meter you want to go back and 2 be able to --- 3 JUDGE: 4 Okay. 5 A. --- track. 6 JUDGE: 7 Fair enough answer. Any further 8 questions, Ms. Coleman?

9 MS. COLEMAN: 10 No. 11 JUDGE: 12 Ms. Anderson? 13 CROSS EXAMINATION 14 BY MS. ANDERSON: 15 Q. Mr. Holley, I have sent in like --- well, from 16 the beginning Ms. Sexton over there has sent in 17 photographs of the meters and where they were placed at 18 and stuff at the time. When the original complaint was 19 filed, did you see those original documentations when she 20 first filed her complaint, the pictures of our meters? 21 A. I'm sure I did. One picture I believe looked 22 very similar to the pictures that I've taken. 23 Q. And with those pictures, after that on the final 24 paper that I received, you had stated that the case be 25 dismissed; correct?

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1 A. My particular memo, no, I did not. All right, 2 these are internal memorandums and they're attached to 3 the Joint Staff ---. 4 ATTORNEY LITTLE: 5 Your Honor, if I could interrupt? I 6 think what Ms. Anderson is referring to is the Legal 7 Division Joint Staff Memorandum memo that contained a 8 recommendation of the legal staff that's not in evidence 9 right now.

10 JUDGE: 11 Very well. 12 ATTORNEY LITTLE: 13 And that did contain the Staff’s 14 recommendation that the case be dismissed. 15 BY MS. ANDERSON: 16 Q. When we installed the water meters, we was not 17 guaranteeing if they would leak or if they would not leak 18 due to freezing because nothing in life is guaranteed. 19 We don't know how this is going to work out. But did you 20 see the heat tape on the water meter itself that wraps 21 around it? Was you able to see how we put the heat tape 22 around the meter itself on the base where the water runs 23 through the water meter? 24 A. No, just taking that from our discussion. 25 Q. Right, okay.

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1 JUDGE: 2 Anything further, Mr. Little? 3 ATTORNEY LITTLE: 4 No, Your Honor. 5 JUDGE: 6 You may step aside, thank you very 7 much. You have additional witnesses? 8 ATTORNEY LITTLE: 9 One more witness, Your Honor. The 10 Staff calls Mr. Dwayne Bevins. 11 ------12 DWAYNE BEVINS, HAVING FIRST BEEN DULY SWORN, TESTIFIED AS 13 FOLLOWS: 14 ------15 DIRECT EXAMINATION

16 BY ATTORNEY LITTLE: 17 Q. Tell us your name, please. 18 A. Dwayne K. Bevins. 19 Q. How are you currently employed? 20 A. I’m a Utility Inspector III, Utilities Division, 21 West Virginia Public Service Commission. 22 Q. You’ve been doing that job a long time? 23 A. Twenty (20) years. 24 Q. Can you give us just a brief summary of your 25 duties related to these types of cases?

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1 A. To investigate formal and informal cases that 2 are filed through the Commission. It may be water, 3 sewer, gas, electric. And to make recommendations to 4 legal staff as to findings based on the evidence. 5 Q. And you are assigned to the case we're here for 6 today? 7 A. Yes. 8 Q. You conducted the investigation? 9 A. Yes. 10 Q. What did that consist of? 11 A. Taking a look at the evidence that was provided 12 by the Complainants and then requesting data request 13 information from Ms. Anderson and reviewing all of that. 14 And basically doing the calculations, and I actually had 15 my supervisor look over the calculations as well. 16 Q. And you reviewed the information that was 17 contained in Staff exhibits three and four? Or two and 18 three, excuse me. The responses to the data request. 19 That was part of your investigation to review those 20 responses? 21 A. Yes. 22 Q. Was some of that information put into your 23 recommendation? 24 A. Right. 25 Q. Now, you said that your supervisor reviewed.

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1 What did he review again? 2 A. After I looked at all of the evidence and was 3 preparing my memorandum, doing the calculations based 4 upon the spreadsheet information, I wanted to make sure 5 that I had everything correct. I took it to my 6 supervisor, Mr. Michael Fletcher, who’s had much more 7 experience than I have to make sure that I didn't screw 8 up the numbers. 9 Q. The numbers was contained and has been 10 previously marked in a Staff Exhibit is your work and 11 your recommendations? 12 A. Yes. 13 Q. So tell us, give us a preview, what is your 14 ultimate recommendations? 15 A. Based upon the findings, Utility Staff does not 16 find that the Pines Mobile Home Court is operating or 17 acting as a public utility. 18 Q. Okay. Now, how did you make that determination? 19 A. Based upon the evidence presented in the 20 spreadsheet, they are using the master meter figure and 21 then they are taking the individual meter readings and 22 basing the charges fairly for each customer's usage based 23 off of those individual readings and the master meter and 24 the --- from what Ms. Coleman has suggested here today, a 25 flat rate charge for everyone would actually be unfair

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1 because there's no way that each individual household 2 would be using a set rate. This way the amount is 3 measured and metered for each individual customer's 4 usage. 5 Q. Now, you've been present throughout these 6 proceedings today; is that correct? 7 A. Yes. 8 Q. And you've heard testimony about the way the 9 trailer park apportions the usage. Your calculations, 10 there's been testimony that your calculations use a 11 different number. 12 A. Well, the numbers that I use were based upon, I 13 think the September --- 14 Q. And then attached to your --- 15 A. --- the August, September ---. 16 Q. --- Exhibit One, there's a spreadsheet? 17 A. Yes. 18 Q. And you based your calculations in your 19 memorandum on that spreadsheet? 20 A. On that spreadsheet, yes, the August, September 21 spreadsheet. 22 Q. And even though there's been testimony that the 23 actual usage of the lots does not equal the total usage 24 of the entire park, you still feel that this is a fair 25 apportionment of the cost of the water ---

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1 A. Yes. 2 Q. --- to the park? What did you base that on? 3 A. Well, we looked at the Complainant's --- Ms. 4 Sexton specifically, when we found out that she was 5 renting from, essentially Mr. Eversole. We used his 6 calculations off of the spreadsheet and we found that 7 based upon the usage and based upon the billing per the 8 spreadsheet that he was billed accurately for his 9 percentage of what he used that month. 10 Q. Even though that the master meter reading showed 11 more water usage than the trailer park lots used? 12 A. Yes. 13 Q. And what do you ---? 14 A. There could be lost water, essentially 15 uncollectable water if there was a leak somewhere. 16 Q. You've heard testimony that the water usage of 17 the master meter from the Public Service District is 18 greater, you still stand by your recommendation in 19 your --- 20 A. Yes. 21 Q. --- memorandum?

22 ATTORNEY LITTLE: 23 The Staff has nothing further from Mr. 24 Bevins, Your Honor. 25 JUDGE:

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1 Mr. Bevins, if the mobile home court 2 decided that they were going to make a profit on this 3 water and added a 20 percent surcharge for profit, would 4 your recommendation be the same or would that make it 5 more likely that they would be a utility? 6 A. That would make it more likely that it would be 7 a utility. Your Honor, there was a similar case with a 8 --- the order came out October 21st, 2010, case 09-0346- 9 W-C, Meadows and Day versus Judy's Trailer Park. 10 And in that, the Commission basically said that 11 it finds it reasonable for Defendant's, trailer park 12 owners, who have a master meter to measure water usage by 13 master meter reading and allocate the cost of the water 14 among it's users, the customers, as long as that 15 Defendant being the trailer park does not collect more 16 than it owes to the district. They found out that they 17 could do that. And we ---.

18 JUDGE: 19 Just as long as there's no profit? 20 A. There's no profit involved in this. 21 JUDGE: 22 Is the Judy's Trailer Park in that case 23 the same Judy's we've been talking about? 24 A. It is my understanding that it is. 25 JUDGE:

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1 So if the utility, not the utility of 2 the trailer park, started adding a meter fee, a ten 3 dollar meter fee, would that make it more likely to be a 4 utility? 5 A. I would say so, yes. 6 JUDGE: 7 If the trailer park offered service to 8 a residential customer on adjoining property off of it's 9 lines, would that make it more likely to be a utility? 10 A. I would say so. Of course, that may be more of 11 an engineering question than, but ---.

12 JUDGE: 13 And this is a more difficult question. 14 I thought all those were easy questions. 15 A. Thank you, Your Honor. 16 JUDGE: 17 This is a more difficult question. If 18 the utility --- not the utility, the trailer park, I'm 19 sorry. If the trailer park started engaging in some kind 20 of practice that had a direct connection to the water 21 service that was unreasonable or outrageous, would that 22 make it more likely for the Commission to get involved? 23 A. I think that's above my pay scale but I think 24 that would be something that, again, the customers of the 25 trailer park, they could file a complaint. And it would

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1 be investigated as to, you know, whether the practice is 2 egregious. I don’t know if that answers your question. I 3 think that would be my recommendation to the customer if 4 they felt that was taking place, then they could 5 certainly file a complaint. 6 JUDGE: 7 But you've not found any of those sort 8 of exacerbating factors in this case and you've not found 9 any attempt to make a profit, any attempt to recover a 10 cost for meters, any service other than inside the 11 trailer park or any practices that you find to be 12 outrageous or contrary to public policy? 13 A. Correct. They are just charging exactly what 14 the customers use and that they are not making a profit 15 in any way.

16 JUDGE: 17 And if your non-legal opinion, --- 18 A. In my non-legal opinion. 19 JUDGE: 20 --- it would be very much like the 21 facts that were looked at in the Judy case? 22 A. In my non-legal opinion, it would be very, very 23 close, yes.

24 JUDGE: 25 Ms. Sexton, do you have any questions

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1 for Mr. Bevins? 2 MS. SEXTON: 3 Yeah, I have question. 4 CROSS EXAMINATION. 5 BY MS. SEXTON: 6 Q. I pay $450 for rent but I'm also handed a water 7 bill every month, so to me that is a utility bill. 8 Because I give Judson Eversole $450 a month for my lot 9 rent, which is $200, $250 for my rent. He hands me a 10 water bill, which is a utility, from Dawn Anderson. So 11 to me, yes, it is a utility bill that I'm paying extra. 12 And like I said earlier, I'm on a fixed income and I 13 can't afford anything else. So you know, I mean I do get 14 a bill every month for the water and sewage. And I pay 15 the lot rent and my rent, but the water bill's handed 16 separately.

17 JUDGE: 18 So she's asking why isn't it a utility? 19 BY MS. SEXTON: 20 Q. So why is it not a utility bill when I just 21 submitted it --- 22 A. Because of what ---. 23 Q. --- to Your Honor because ---. 24 A. Because what I just explained that they are not 25 making a profit off of this and the Commission has

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1 already ruled in a case --- 2 Q. Right. But when ---? 3 A. --- egregiously similar to this --- 4 Q. Right. But when I moved there ---? 5 A. --- for the trailer park. 6 Q. I moved there two years ago, --- 7 A. We have no ---. 8 Q. --- I didn't have to pay a water bill. 9 A. Ma'am, we have no jurisdiction over the 10 contracts between you and the trailer court.

11 JUDGE: 12 Unless it's for utility services that 13 we find to be utility services. 14 BY MS. SEXTON: 15 Q. Well, isn't water and sewer utility service? 16 A. In this case, we don't find that they are acting 17 as a --- 18 Q. But they were never --- 19 A. --- utility service. 20 Q. --- charging it before when I moved there two 21 years ago. They all of a sudden wanted to charge it. 22 JUDGE: 23 That's ---.

24 BY MS. SEXTON: 25 Q. To me, that's a utility.

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1 JUDGE: 2 That is the issue in this case. 3 MS. SEXTON: 4 Right, that's my issue. 5 A. I can't answer that for you, ma'am. 6 JUDGE: 7 Is that a utility service? Mr. Bevins 8 has concluded it is not. 9 A. Correct.

10 JUDGE: 11 Any further questions for Mr. Bevins? 12 MS. SEXTON: 13 No. 14 JUDGE: 15 Ms. Coleman? 16 CROSS EXAMINATION 17 BY MS. COLEMAN: 18 Q. I still don’t like the way the calculations are 19 made. I mean, I'm assuming it's the spreadsheet that Ms. 20 Anderson uses, but it's still saying that they're going 21 by the total amount. Our usage ---. 22 A. I would say that there could be human error 23 involved somewhere. There may be. I don’t know. But 24 based upon the figures that I got and the calculations 25 that I worked out, they were accurate.

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1 Q. Right, but using the total amount from the 2 trailer court, not from the total usage from the tenants. 3 A. I stand by my recommendation. 4 Q. Well, if your recommendations are that they're 5 not acting as a utility but that it goes by the lease, 6 then if the lease doesn't say anything about the water 7 bill then it's not ---. 8 ATTORNEY LITTLE: 9 Objection. Mr. Bevins can't ---

10 MS. COLEMAN: 11 Okay. 12 ATTORNEY LITTLE: 13 --- adjust the lease. 14 MS. COLEMAN: 15 Okay. 16 BY MS. COLEMAN: 17 Q. Another question, I just don't agree because 18 we're getting charged from the 57,500 from that month 19 instead of the 44,880 that the tenants used. I mean 20 we're being charged with the total amount. And that 21 would change completely the amount on the bills and that 22 would allow for the water leaks in the trailers and their 23 former manager stated that there is another leak that has 24 not been fixed. It's further down in the court and it's 25 never been looked at, it's never been checked or nothing.

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1 So we're still paying for that. 2 A. I can't answer to that. 3 JUDGE: 4 Ms. Anderson, do you have any questions 5 for Mr. Bevins? 6 CROSS EXAMINATION 7 BY MS. ANDERSON: 8 Q. Mr. Bevins, on this spreadsheet here that you 9 have in front of you, the total usage of the park, what 10 was the total usage of the park use, the master meter 11 reading? 12 A. I think that was the, if I'm correct in looking 13 at it, the $1,315.37. 14 Q. Yeah, the amount of usage was 57,500; right? 15 A. Oh, previous column, the percentage. 16 Q. Yeah. 17 A. Okay, I'm sorry. Yes, 57,500. 18 Q. And total usage of each individual was 44 ---. 19 A. 44,880. 20 Q. Right, over in the red box ---. Sorry about 21 that. 22 A. Mine’s black. 23 Q. The third column over, clear down at the bottom, 24 does that total amount have the same total amount of the 25 individual meter readings, the 44,880?

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1 A. Yes. 2 Q. So is that there amount the same? So we're not 3 using the 57,500 to get the billing for the individual 4 readings. We are using the 44,880, which is in the red 5 box, which that says that's based upon the park. So we 6 put the total amount in. 7 A. Correct. 8 Q. Okay. So therefore, we are not overbilling? 9 A. I don’t believe you're overbilling or charging 10 anything extra to any of the customers of the trailer 11 park.

12 JUDGE: 13 Any Redirect? 14 ATTORNEY LITTLE: 15 Yes, Your Honor, briefly. 16 REDIRECT EXAMINATION 17 BY ATTORNEY LITTLE: 18 Q. Mr. Bevins, the 57,500 number, that's the total 19 usage for the park, and then we have the 44,880 is the 20 usage for all the tenants combined. Is it a fair 21 statement that even though the total usage of the park 22 and not just the tenants is being used, each tenant is 23 apportioned a fairly --- a percentage of that total park 24 usage? 25 A. Yes, I personally think the spreadsheet that

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1 they are using actually does work. 2 Q. That each individual ---. 3 JUDGE: 4 Ms. Anderson's view of it is that the 5 spreadsheet results in not dividing out the whole master 6 meter reading but dividing out the sum of the 7 tenant's --- 8 A. Usage.

9 JUDGE: 10 --- usage. 11 A. Yes. 12 JUDGE: 13 Is that, if you can tell by looking at 14 it, is that what you think the spreadsheet does? 15 A. Yes. 16 JUDGE: 17 And that would be more fair than ---? 18 A. That would be --- yes, much more fair than 19 charging everyone a flat rate. 20 JUDGE: 21 Because if the operator of the trailer 22 park had a nice flower garden in the front and you 23 watered those flowers ---. 24 A. Or had a pool and filled it. 25 JUDGE:

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1 Or --- yes. Then he'd be bearing the 2 expenses for that. 3 A. Right. And if there is a leak somewhere then the 4 owner of the trailer park is bearing that cost of ---. 5 JUDGE: 6 The leak. 7 A. Yes, uncollectable water. 8 ATTORNEY LITTLE: 9 I have nothing further.

10 JUDGE: 11 Very well, you may step aside. Thank 12 you very much. Do you have any additional witnesses? 13 ATTORNEY LITTLE: 14 No, Your Honor, that was it. 15 JUDGE: 16 Okay, very well. We've moved and 17 admitted all the Staff exhibits. I'm not certain about 18 any of the others. Any objections to the admission into 19 evidence the Sexton Exhibits One and Two? 20 ATTORNEY LITTLE: 21 Staff has none. 22 JUDGE: 23 Okay, they're admitted into evidence. 24 Any objection to the admission into evidence of Coleman 25 Exhibits One through Eight?

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1 ATTORNEY LITTLE: 2 None from Staff, Your Honor. 3 JUDGE: 4 Okay, hearing none, they're admitted 5 into evidence. Any objection to the admission into 6 evidence of Pines Exhibits One through Four? 7 ATTORNEY LITTLE: 8 None from Staff.

9 JUDGE: 10 Hearing none, they're admitted into 11 evidence. The parties have the right to brief. Briefs 12 are written documents where you tell me what you think 13 you've proven and what you want me to do. You don’t have 14 to brief but you have the right to brief. Do you want to 15 brief? 16 ATTORNEY LITTLE: 17 The Staff would like to file a brief, 18 Your Honor. 19 JUDGE: 20 Okay, Staff wants to brief. So I will 21 set a briefing schedule and that doesn't mean you have to 22 brief but you're entitled to brief. And the briefs have 23 to be in at the Charleston office of the Commission on 24 the date that I give you. That's not the date you put 25 them in the mail, that's the date they have to be filed

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1 with the Commission. Let's go off the record for a 2 minute. 3 OFF RECORD DISCUSSION 4 JUDGE: 5 Okay, we can go back on the record. 6 Initial briefs would be due four weeks from today's date 7 and reply briefs will be due five weeks from today's 8 date. Anything else we need to do today? The hearing’s 9 adjourned. Thank you very much. 10 * * * * * * * * 11 HEARING CONCLUDED AT 4:28 P.M. 12 * * * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25

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1 2 CERTIFICATE 3 4 I hereby certify, as the stenographic reporter, 5 that the foregoing proceedings were taken 6 stenographically by me, and thereafter reduced to 7 typewriting by me or under my direction; and that this 8 transcript is a true and accurate record to the best of 9 my ability. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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