CITY OF RONCEVERTE P.O. Box417 Ronceverte, 24970

(304) 647-5455 {* --> *---

February 8,2008

- "._. Sandra Squire, Executive Secretary Public Service Commission of West Virginia P 0 Box 812 Charleston, WV 25323 Re: Municipal Sewer Rate Increase and Petition for Waver of Waiting Period and Suspension Period Dear Ms. Squire: The Ronceverte City Council on February 4,2008 approved a Sewer Rate Increase Ordinance and a petition for Waivers of Waiting Period and Suspension Period. The following information is being provided for the petition and as required within five day of adoption of the ordinance: (1) Petition by the City of Ronceverte to the Public Service Commission to allow an interim or emergency rate to take effect, subject to refund or future modifications. (2) The new rates and charges. (3) The Sewer Rate Increase Ordinance, Ronceverte Municipal Ordinance No. 2008- 01. (4) The financial justification for Sewer Resale Rate Increase with Odor Control costs. (5) The financial justification for the Organ Cave Sewer Rate in Schedule 2. (6)Affidavit of publication of the pre-adoption Public Hearing from the West Virginia Daily News. Also published pre-adoption Public Hearing in the Mountain Messenger and will provide affidavit of publication once received. (7) The correct number of sewer customers as determined by the last month's billing is 789. (8) The post-adoption Tariff Form No. 12 sent for Class I1 legal advertisement along with the email requests for legal advertisement and news release sent to two local newspapers (WV Dailey News and Mountain Messenger) and an email requests for a new releases sent to the Beckley Register-Herald and Greenbrier Times. The affidavit of publications from the newspapers will be sent upon receipt. CITY OF RONCEVERTE P.O. Box417 Ronceverte, West Virginia 24970 (304) 647-5455

February 8,2008 Sandra Squire, Executive Secretary

Public Service Commission of West Virginia u7 P 0 Box 812 co Charleston, WV 25323 Re: Petition for Waivers of Waiting Period and Suspension Period Dear Ms. Squire: In conjunction with the Ronceverte City Council's approval of the Sewer Rate Increase Ordinance on February 4,2008, the Ronceverte City Council has authorized me as the City Administrator to petition for waivers of the waiting period and suspension period to avoid financial distress. The City of Ronceverte hereby petitions the Public Service Commission to allow an interim or emergency rate to take effect, subject to refund or future modifications in accordance with West Virginia Code Section 24-2-4b-(g).

The waiver of the 45-day waiting period and immediate implementation of the rate increase ordinance is needed to alleviate financial hardship to the City, pay for previous repairs to the Ronceverte Regional Wastewater Treatment Plant, and to make additional emergency repairs to the plant.

As of January 3 1,2008 the City's cash, accounts payable, and net balance is as follows:

Fund Cash Payables Net Balance General Fund $ (66,908.84) $ 59,816.29 $ (126,725.13) Coal Severance $ 12,254.18 $ - $ 12,254.18 Grant Fund $ 29,775.62 $ 1,500.00 $ 28,275.62 Water Fund $ (419,432.92) $ 30,059.65 $ (449,492.57) Sewer Fund $ 251,583.82 $ 82,832.57 $ 168,751.25 Garbage Fund $ 198,653.01 $ 12,624.80 $ 186,028.21 Total $ 5,924.87 $186,833.31 $ (180,908.44) February 8,2008 Petition for Waivers of Waiting Period and Suspension Period Page 2 of 2

Although the Sewer Fund has a cash balance of $251,583.82, the Sewer Fund’s available cash is being loaned to the Water Fund that has a severe deficit of $419,432.90. The Sewer Fund accounts payable is $82,832.57 with $40,594.88 outstanding since 1/05/07 for painting of one of the three Wastewater Treatment Units. With the fund deficit the City available cash is the net of about $6,000 with about $1 8 1,000 in bills to pay. To work towards eliminating the Water Fund loan to the Sewer Fund, the City Council passed a 16% increase in August 6,2007 to start a 20 year payback as outlined in the Rule 42 for the Ronceverte Water System Improvement and Upgrade Project that was just approved by the Commission and calls for an additional increase of 28% upon substantial completion of the project. The City is addressing the deficits in the General Fund and Water Fund, but the cash shortage will persist in the short-term with a sewer rate increase delay being a financial hardship.

The resale rate negotiated with the Greenbrier Public Service District No. 1 in July 2007 was supposed to generate an increase of 20% so the City could pay the outstanding invoice of $40,594.88 for sewer plant painting and embark on $450,000 in plant repairs mandated by the West Virginia Department of Environmental Protection. Due to the inaccuracy of the sewer flow meter at the end of the District’s system, the parties agreed to temporary use metered water for billing. The District has asserted that that their water meter readings are 20% lower than anticipated. The lower readings translated into lower than anticipated revenue to the City with the District being 75% of the volume to the sewer plant. The resale rate increase is needed immediately to keep the City solvent and the sewer treatment plant operational.

The City also requests a waiver of the one hundred twenty-day suspension period if the sewer rate increase ordinance is challenged. The District has stated that they will automatically oppose the City’s next increase of the resale tariff rate. The District has also gone on record as stating that the current rate is “dirt cheap”. This waiver will be needed for the same reasons as in the 45-day waiting period waiver request.

The Commission’s assistance is in this matter is appreciated.

Sincerely,

City AdMinistrator

83 P.S.C. W. Va. No. Canceling P.S.C. W. Va. No.

TOWN OF RONCEVERTE, a municipal utility

OF

RONCEVERTE, WEST VIRGINIA

RATES, RULES AND REGULATIONS FOR FURNISHING

SEWERAGE AND SEWAGE DISPOSAL SERVICE

at Ronceverte and vicinity, Greenbrier County, West Virginia

Filed with THE PUBLIC SERVICE COMMISSION of WEST VIRGINIA

Adopted by City Council Issued by Town of Ronceverte, a municipal corporation

BY Gail White Mayor, City of Ronceverte TOWN OF RONCEVERTE (Sewer) P.S.C. W.Va. Tariff No. - Original Sheet No. 1

RULES AND REGULATIONS

I. Rules and Regulations for the Government of Sewerage Utilities, adopted by the Public Service Commission of West Virginia, and now in effect, and all amendments thereto and modifications thereof hereafter made by said Commission. TOWN OF RONCEVERTE (Sewer) P.S.C. W. Va. No. Original Sheet No. 2 SCHEDULE I

(C) APPLICABILITY Applicable within the entire territory served excluding the entire area know as the Organ Cave Sewer Line Extension

(C) AVAILABILITY: Available for general domestic, commercial, industrial and sale for resale sewer service

RATES (Customers with a metered water supply) First 1,000 gallons used per month $8.00 per 1,000 gallons All Over 1,000 gallons used per month 5.26 per 1,000 gallons

FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 4,500 gallons of water usage, $26.41 per month

MINIMUMCHARGE No bill shall be rendered for less than $8.00 per month, which is the equivalent of 1,000 gallons.

(I$) RESALE RATE Based on metered water supply at $2.06 per 1,000 gallons per month and converts to being based on metered sewage at $1.47 per 1,000 gallons per month when a reliable and certified sewage meter is available.

(C) DELAYED PAYMENT PENALTY The above schedule is net. On all accounts not paid when due, ten percent (10%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.

(C) RECONNECTION $20.00 To be charged whenever the supply of water is turned off for violations of rules, non- payment of bills, or fraudulent use of sewer.

(I) TAP FEE The following charges are to be made whenever the utility installs a new tap to serve an applicant.

A tap fee of $350.00 will be charged to all customers who apply for service outside of a certificate proceeding before the Commission for each new tap to the system for service. TOWN OF RONCEVERTE (Sewer) P.S.C. W. Va. No. Original Sheet No. 3

RETURNED CHECK CHARGE A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient finds.

PAYMENT TO WATER PERSONNEL When water service personnel are dispatched to terminate service for a delinquent bill, a $15 .OO administrative service charge will be added attempted collection at door if water service is not terminated.

LEAK ADJUSTMENT $0.29/ M gallons. To be used where the bill reflects unusual consumption which can be attributed to eligible leakage on the customer's side of the meter. This rate shall be applied to all such consumption above customer's historical average usage.

SECURITY DEPOSIT A deposit of $50.00 or two-twelfth (2/12th) of the annual usage of applicant's specific class, whichever is greater.

INDUSTRIAL CUSTOMER CHARGE In addition to all other charges contained herein, all customers who are classified as industrial users requiring extra monitoring and reporting shall pay an annual charge of $100.00, payable on July 1 of each year.

UNUSUAL WASTE SURCHARGE The town shall collect an appropriate surcharge from costumers with unusual waste for costs associated with the monitoring and treatment of the unusual waste.

(N) SURCHARGE FORMULA FOR UNUSUAL WASTE To be applied in the Cases of Users Producing Unusual Waste. The charge for the treatment of unusual waste will be calculated on the basis of the following formula:

Ci = VoVi + BoBi + SoSi

ci = charge to unusual users per year

vo= average unit cost of transport and treatment chargeable to volume, in dollars per gallon

Vi = volume of wastewater from unusual users in gallons per year TOWN OF RONCEVERTE (Sewer) P.S.C. W. Va. No. Original Sheet No. 4

Bo = average unit cost of treatment, chargeable to Biochemical Oxygen Demand (BOD) in dollars per pound

Bi = weight of BOD from unusual users in pounds per year

So = average unit cost of treatment (including sludge treatment) chargeable to total solids in dollars per pound

Si = weight of total solids from unusual users in pounds per year

When an unusual user is to be served, a preliminary study of its wastes, and the cost of transport and treatment thereof, will be made. The total cost of any such study performed shall be borne entirely by the unusual user. Waste containing materials which, in the judgment of the utility, should not be introduced into the sewer system, will not be accepted. The results of the preliminary study will be used to determine the feasibility of the proposed sewer service and the charge therefore, based upon the formula set out above.

Thereafter, unusual sewage will be monitored on a regular basis and at the conclusion of each fiscal year, based on the investigation aforesaid and audit of the utility records, new cost figures will be calculated for use in the above formula. The cost of establishing the monitoring facilities shall be paid by the unusual user. Based on these audited figures, additional billings covering the past fiscal year will be made for payment by each unusual user, or refund given by the utility, as the case may be. Such audited figures will then be used for the preliminary billing for the next fiscal year, at the end of which an adjustment will be made as aforesaid.

SURCHARGE FORMULA FOR SURFACE DRAINAGE. Whenever utility has discovered that a customer’s roof drain, downspouts, storm sewer, or other similar facilities conducting surface water have been connected to Town’s sewer system, and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by Town in accordance with the Rules and Regulations of the Public Service Commission, to eliminate such connection, a surcharge will be imposed upon the customer calculated on the basis of the following formula: TOWN OF RONCEVERTE (Sewer) P.S.C. W. Va. No. Original Sheet No. 5

S=AxRx.0006233 XC

S - The surcharge in dollars A - The area under roof and/or the area of any other water collection surface connected to the sanitary sewer, in square feet. R - The measured monthly rainfall, in inches .0006233 - A conversion factor to change inches of rain x square feet of surface to thousands of gallons of water C - the City=s approved rate per thousand gallons of metered water usage.

Town shall not impose the surcharge unless, and until, the customer has been notified by certified mail, return receipt requested, or by hand delivery, that it has been established by smoke testing, dye testing, or on-site inspection that rain or other surface water is being introduced into the sanitary sewer system at the customer’s location, and that the customer has not acted within thirty (30) days from receipt of such notice to divert the water from the sanitary sewer system.

Said surcharge shall be calculated and imposed for each month that said condition continues to exist. Failure to pay the surcharge and/or correct the situation shall give rise to the possible termination of water service in accordance with the Rules and Regulations of the Public Service Commission of West Virginia. TOWN OF RONCEVERTE (Sewer) P.S.C. W. Va. No. - Original Sheet No. 6

SCHEDULE I1

(C) APPLICABILITY Applicable within the entire territory know as the Organ Cave Sewer Line Extension

(C) AVAILABILITY: Available for general.domestic, commercial, and industrial

(N) RATES (Customers with a metered water supply) First 1,000 gallons used per month $20.32 per 1,000 gallons All Over 1,000 gallons used per month 5.26 per 1,000 gallons

(N) FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 4,500 gallons of water usage, $38.73 per month

(N) MINMLMCHARGE No bill shall be rendered for less than $20.32 per month, which is the equivalent of 1,000 gallons.

(C) DELAYED PAYMENT PENALTY The above schedule is net. On all accounts not paid when due, ten percent (1 0%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.

(C) RECONNECTION $20.00 To be charged whenever the supply of water is turned off for violations of rules, non- . payment of bills, or fraudulent use of sewer.

(I) TAPFEE The following charges are to be made whenever the utility installs a new tap to serve an applicant.

A tap fee of $350.00 will be charged to all customers who apply for service outside of a certificate proceeding before the Commission for each new tap to the system for service. TOWN OF RONCEVERTE (Sewer) P.S.C. W. Va. No. Original Sheet No. 7

RETURNED CHECK CHARGE A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient funds.

PAYMENT TO WATER PERSONNEL When water service personnel are dispatched to terminate service for a delinquent bill, a $15 .OO administrative service charge will be added attempted collection at door if water service is not terrninated.

LEAK ADJUSTMENT $0.29/ M gallons. To be used where the bill reflects unusual consumption which can be attributed to eligible leakage on the customer’s side of the meter. This rate shall be applied to all such consumption above customer’s historical average usage.

SECURITY DEPOSIT A deposit of $50.00 or two-twelfth (2/12th) of the annual usage of applicant’s specific class, whichever is greater.

INDUSTRIAL CUSTOMER CHARGE In addition to all other charges contained herein, all customers who are classified as industrial users requiring extra monitoring and reporting shall pay an annual charge of $100.00, payable on July 1 of each year.

UNUSUAL WASTE SURCHARGE The town shall collect an appropriate surcharge from costumers with unusual waste for costs associated with the monitoring and treatment of the unusual waste as provided in Schedule I.

(N)SURCHARGE FORMULA FOR SURFACE DRAINAGE. Whenever utility has discovered that a customer’s roof drain, downspouts, storm sewer, or other similar facilities conducting surface water have been connected to Town’s sewer system, and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by Town in accordance with the Rules and Regulations of the Public Service Commission, to eliminate such connection, a surcharge will be imposed upon the customer calculated on the basis of the following formula: TOWN OF RONCEVERTE (Sewer) P.S.C. W. Va. No. Original Sheet No. 8

S =Ax Rx .0006233 x C

S - The surcharge in dollars A - The area under roof and/or the area of any other water collection surface connected to the sanitary sewer, in square feet. R - The measured monthly rainfall, in inches .0006233 - A conversion factor to change inches of rain x square feet of surface to thousands of gallons of water C - the City=s approved rate per thousand gallons of metered water usage.

Town shall not impose the surcharge unless, and until, the customer has been notified by certified mail, return receipt requested, or by hand delivery, that it has been established by smoke testing, dye testing, or on-site inspection that rain or other surface water is being introduced into the sanitary sewer system at the customer’s location, and that the customer has not acted within thirty (30) days from receipt of such notice to divert the water from the sanitary sewer system.

Said surcharge shall be calculated and imposed for each month that said condition continues to exist. Failure to pay the surcharge and/or correct the situation shall give rise to the possible termination of water service in accordance with the Rules and Regulations of the Public Service Commission of West Virginia.

(C) Indicates change in text (I) Indicates increase in rates (N) Indicates new TOWN OF RONCEVERTE, WEST VIRGINIA

Ordinance Number 2008-01

AN ORDINANCE ESTABLISHING SEWER RATES FOR BULK PURCHASERS, UNUSUAL WASTEWATER CUSTOMERS AND ORGAN CAVE MAINLINE EXTENSION CUSTOMERS

WHEREAS, The Town of Ronceverte operates a sewer system and a sewer plant

for its citizens, bulk rate purchasers and purchasers outside the municipal boundaries; and

WHEREAS, The Town of Ronceverte entered into an agreement with Greenbrier

Public Service District No. 1, Lewisburg, West Virginia to sell sewer treatment services

at the bulk rate of $1.25 per thousand gallons which was estimated based on water meter

readings by the City of Lewisburg, West Virginia, the provider of clean water to

customers of Public Service District No. 1 wastewater collection area; and

WHEREAS, The Town of Ronceverte has determined that the water meter

readings are significantly below those provided the municipality when the agreement

with Public Service District No. 1 was entered into; and

WHEREAS, The Town of Ronceverte has determined that the revenues from the

bulk water rate are not sufficient to ensure sewer fund solvency or to make necessary

capital repairs and improvements to the Town’s wastewater treatment facility; and,

WHEREAS, The Town of Ronceverte has entered into a mainline agreement

with developers of a new subdivision, Stony Glen, located in Organ Cave, West Virginia

to provide wastewater treatment to the subdivision and additional customers near the

main sewer line; and,

WHEREAS, The Town of Ronceverte needs to generate additional

increased operating and maintenance costs associated with the development

~~~~ ~~~ ~ ~ ~

c3 c, (-fi 1-72 pJ WHEREAS, The Town of Ronceverte has determined that unusual waste water including run-off is entering the system increasing the cost of treating and monitoring unusual wastewater; and,

WHEREAS, The Town of Ronceverte has determined that the water meter owned and operated by the Greenbrier Public Service District No. 1 is located in an area that increases the amount of offensive odors released from the main sewer line serving

Greenbrier Public Service District No. 1 and a new filtration system must be installed to reduce and eliminate these odors;

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE

TOWN OF RONCEVERTE, WEST VIRGINIA, THAT:

The following sewer rates listed below shall be effective no sooner than forty five days after final adoption and in accordance with West Virginia State Code and Public

Service Commission of West Virginia Rules:

SCHEDULE I

(C) APPLICABILITY Applicable within the entire territory served excluding the entire area know as the Organ Cave Sewer Line Extension

(C) AVAILABILITY: Available for general domestic, commercial, industrial and sale for resale sewer service

RATES (Customers with a metered water supply) First 1,000 gallons used per month $8.00 per 1,000 gallons All Over 1,000 gallons used per month 5.26 per 1,000 gallons

FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 4,500 gallons of water usage, $26.4 1 per month No bill shall be rendered for less than $8.00 per month, which is the equivalent of 1,000 gallons.

(1,C) RESALE RATE Based on metered water supply at $2.06 per 1,000 gallons per month and converts to being based on metered sewage at $1.47 per 1,000 gallons per month when a reliable and certified sewage meter is available.

DELAYED PAYMENT PENALTY The above schedule is net. On all accounts not paid when due, ten percent (10%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.

RECONNECTION $20.00 To be charged whenever the supply of water is turned off for violations of rules, non-payment of bills, or fraudulent use of sewer.

TAP FEE The following charges are to be made whenever the utility installs a new tap to serve an applicant.

A tap fee of $350.00 will be charged to all customers who apply for service outside of a certificate proceeding before the Commission for each new tap to the system for service.

RETURNED CHECK CHARGE A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient funds.

PAYMENT TO WATER PERSONNEL When water service personnel are dispatched to terminate service for a delinquent bill, a $15.00 administrative service charge will be added attempted collection at door if water service is not terminated.

LEAK ADJUSTMENT

$0.29/ M gallons.- To be used where the bill reflects unusual consumption which can be attributed to eligible leakage on the customer's side of the meter. This rate shall be applied to all such consumption above customer's historical average usage.

SECURITY DEPOSIT A deposit of $50.00 or two-twelfth (2/12th) of the annual usage of applicant's specific class, whichever is greater.

INDUSTRIAL CUSTOMER CHARGE In addition to all other charges contained herein, all customers who are classified as industrial users requiring extra monitoring and reporting shall pay an annual charge of $100.00, payable on July 1 of each year.

UNUSUAL WASTE SURCHARGE The town shall collect an appropriate surcharge from costumers with unusual waste for costs associated with the monitoring and treatment of the unusual waste.

(N) SURCHARGE FORMULA FOR UNUSUAL WASTE To be applied in the Cases of Users Producing Unusual Waste. The charge for the treatment of unusual waste will be calculated on the basis of the following formula:

Ci = VoVi + BoBi + SoSi

Ci = charge to unusual users per year

Vo= average unit cost of transport and treatment chargeable to volume, in dollars per gallon

Vi = volume of wastewater from unusual users in gallons per year

Bo = average unit cost of treatment, chargeable to Biochemical Oxygen Demand (BOD) in dollars per pound

Bi = weight of BOD from unusual users in pounds per year

So = average unit cost of treatment (including sludge treatment) chargeable to total solids in dollars per pound

Si = weight of total solids from unusual users in pounds per year When an unusual user is to be served, a preliminary study of its wastes, and the cost of transport and treatment thereof, will be made. The total cost of any such study performed shall be borne entirely by the unusual user. Waste containing materials which, in the judgment of the utility, should not be introduced into the sewer system, will not be accepted. The results of the preliminary study will be used to determine the feasibility of the proposed sewer service and the charge therefore, based upon the formula set out above.

Thereafter, unusual sewage will be monitored on a regular basis and at the conclusion of each fiscal year, based on the investigation aforesaid and audit of the utility records, new cost figures will be calculated for use in the above formula. The cost of establishing the monitoring facilities shall be paid by the unusual user. Based on these audited figures, additional billings covering the past fiscal year will be made for payment by each unusual user, or refirnd given by the utility, as the case may be. Such audited figures will then be used for the preliminary billing for the next fiscal year, at the end of which an adjustment will be made as aforesaid.

(N) SURCHARGE FORMULA FOR SURFACE DRAINAGE. Whenever utility has discovered that a customer’s roof drain, downspouts, storm sewer, or other similar facilities conducting surface water have been connected to Town’s sewer system, and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by Town in accordance with the Rules and Regulations of the Public Service Commission, to eliminate such connection, a surcharge will be imposed upon the customer calculated on the basis of the following formula:

S =Ax R x ,0006233 x C

s-The surcharge in dollars A- The area under roof and/or the area of any other water collection surface connected to the sanitary sewer, in square feet. R- The measured monthly rainfall, in inches .0006233 - A conversion factor to change inches of rain x square feet of surface to thousands of gallons of water C - the City=s approved rate per thousand gallons of metered water usage.

Town shall not impose the surcharge unless, and until, the customer has been notified by certified mail, return receipt requested, or by hand delivery, that it has been established by smoke testing, dye testing, or on-site inspection that rain or other surface water is being introduced into the sanitary sewer system at the customer’s location, and that the customer has not acted within thirty (30) days from receipt of such notice to divert the water from the sanitary sewer system.

Said surcharge shall be calculated and imposed for each month that said condition continues to exist. Failure to pay the surcharge and/or correct the situation shall give rise to the possible termination of water service in accordance with the Rules and Regulations of the Public Service Commission of West Virginia.

SCHEDULE I1

APPLICABILITY Applicable within the entire territory know as the Organ Cave Sewer Line Extension

AVAILABILITY: Available for general domestic, commercial, and industrial

RATES (Customers with a metered water supply) First 1,000 gallons used per month $20.32 per 1,000 gallons All Over 1,000 gallons used per month 5.26 per 1,000 gallons

FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent of 4,500 gallons of water usage, $38.73 per month

MINIMUMCCHARGE No bill shall be rendered for less than $20.32 per month, which is the equivalent of 1,000 gallons.

DELAYED PAYMENT PENALTY The above schedule is net. On all accounts not paid when due, ten percent (10%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.

RECONNECTION $20.00 To be charged whenever the supply of water is turned off for violations of rules, non-payment of bills, or fraudulent use of sewer.

TAP FEE The following charges are to be made whenever the utility installs a new tap to serve an applicant.

A tap fee of $350.00 will be charged to all customers who apply for service outside of a certificate proceeding before the Commission for each new tap to the system for service.

RETURNED CHECK CHARGE A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient funds.

PAYMENT TO WATER PERSONNEL When water service personnel are dispatched to terrninate service for a delinquent bill, a $15.00 administrative service charge will be added attempted collection at door if water service is not terminated.

LEAK ADJUSTMENT $0.29/ M gallons. To be used where the bill reflects unusual consumption which can be attributed to eligible leakage on the customer's side of the meter. This rate shall be applied to all such consumption above customer's historical average usage.

SECURITY DEPOSIT A deposit of $50.00 or two-twelfth (2/12th) of the annual usage of applicant's specific class, whichever is greater.

INDUSTRIAL CUSTOMER CHARGE In addition to all other charges contained herein, all customers who are classified as industrial users requiring extra monitoring and reporting shall pay an annual charge of $100.00, payable on July 1 of each year. UNUSUAL WASTE SURCHARGE The town shall collect an appropriate surcharge from costumers with unusual waste for costs associated with the monitoring and treatment of the unusual waste as provided in Schedule I.

(N) SURCHARGE FORM[ULA FOR SURFACE DRAINAGE. Whenever utility has discovered that a customer’s roof drain, downspouts, storm sewer, or other similar facilities conducting surface water have been connected to Town’s sewer system, and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by Town in accordance with the Rules and Regulations of the Public Service Commission, to eliminate such connection, a surcharge will be imposed upon the customer calculated on the basis of the following formula:

S=AxRx.O006233xC

S - The surcharge in dollars A - The area under roof and/or the area of any other water collection surface connected to the sanitary sewer, in square feet. R - The measured monthly rainfall, in inches ,0006233 - A conversion factor to change inches of rain x square feet of surface to thousands of gallons of water C - the City=s approved rate per thousand gallons of metered water usage.

Town shall not impose the surcharge unless, and until, the customer has been notified by certified mail, return receipt requested, or by hand delivery, that it has been established by

I smoke testing, dye testing, or on-site inspection that rain or other surface water is being introduced into the sanitary sewer system at the customer’s location, and that the customer has not acted within thirty (30) days from receipt of such notice to divert the water from the sanitary sewer system.

Said surcharge shall be calculated and imposed for each month that said condition continues to exist. Failure to pay the surcharge and/or correct the situation shall give rise to the possible termination of water service in accordance with the Rules and Regulations of the Public Service Commission of West Virginia.

(C) Indicates change in text (I) Indicates increase in rates (N) Indicates new

Date of First Reading: hUw 7i3cxYx Passed Failed byVoteofY:s No f) Abstain Absent I Attest by: *B;QJtYM .- Mayor

Date of Second Passed Failed byVoteo:Yes b No 0 Abstain Absent I Attest by:

-#Jk&P Mayor

CX3 City of Ronceverte

1 Financial Justification for Sewer Resale Rate Increase 1 Sewer Revenue Analyze from Resale to Greenbrier Public Service District No. 1

2007/2008 2007/2008 2007/2008 Forecast 20% Forecast 20% 2006/2007 2006/2007 2005/2006 2005/2006 Water Current w/ Sewer lncr w/ Meter lncr w/ Meter Sewer Amount w/ Sewer Amount w/ Month Gallons Meter Water Gallons Sewer Water Gallons Meter Sewer Gallons Meter Sewer July 12,407,000 $ 19,106.78 19,595,000 $ 25,277.55 $ 22,952.95 21,433,000 $ 20,309.91 21,019,000 $ 26,297.56 August 17,635,500 $ 27,158.67 21,922,000 $ 28,279.38 $ 32,625.68 24,720,000 $ 23,424.67 19,152,000 $ 23,961.69 September 13,963,200 $ 21,503.33 19,306,000 $ 24,904.74 $ 25,831.92 21 ,I79,000 $ 20,069.22 15,805,000 $ 19,774.1 5 October 13,109,000 $ 20,187.86 20,994,000 $ 27,082.26 $ 24,251.65 23,580,000 $ 22,344.41 19,432,000 $ 24,312.01 November 11,387,600 $ 17,536.90 16,643,000 $ 21,469.47 $ 21,067.06 20,459,000 $ 19,386.95 17,220,000 $ 21,544.51 YTD Total 68,502,300 $105,493.54 98,460,000 $127,013.40 $126,729.26 1I 1,371,000 $105,535.16 92,628,000 $115,889.92 December 18,306,000 $ 19,232.28 17,020,000 $ 21,294.28 January 21,580,000 $ 22,671.95 18,773,000 $ 23,487.52 February 17,239,000 $ 18,111.29 14,909,000 $ 18,653.14 March 23,783,000 $ 24,986.42 16,094,000 $ 20,135.73 April 21,279,000 $ 22,355.72 20,845,000 $ 26,079.86 19,972,000 $ 20,982.58 18,943,000 $ 23,700.21 May June 19,663,000 $ 20,657.95 22,958,000 $ 28,723.51 Annual Total 253,193,000 $254,533.35 222,170,000 $277,964.1 6 Increase Amount $ 56,108.00 Pro Forma Total $334,072.16 With Percentage Increase 20% 20% 20% Current Rate $ 1.54 $ 1.05 $ I.05 Revised Rate $ 1.29 $ 1.85 $ 1.29 $ 1.25 With Odor Control $ 20,000.00 Percentage Increase 6% 6% 6% Revised Rate 1.37 1.96 With Revenue Loss $ 47,343.69 $ 46,718.58 ' Percentage Increase 8% 5% Revised Rate 1.47 2.06 City of Ronceverte Financial Justification for Sewer Resale Rate Increase Odor Control Costs

Es ti mated I nstallation Cost $ 40,000.00

Estimated Annual Cost Annual Install Payments (5 years) $ 8,000.00 Electricity $ 1,000.00 Chemical Costs $ 8,000.00 Labor $ 2,000.00 Transportation $ 1,000.00 Total Estimated Annual Cost $ 20,000.00 City of Ronceverte Financial Justification for Organ Cave Sewer Rate

Annual Costs: Pump Power $ 2,000.00 Diesel $ 500.00 Labor $ 16,640.00 Materials $ 2,000.00 Transportation $ 1,040.00

Annual Total $ 22,180.00

No. of Customers 150

Per Customer $ 147.87

Months 12

Monthly Cost $ 12.32

Current Minimum $ 8.00

Revised Minimum $ 20.32 GREENBRIER DAILY NEWSPAPERS, INC. t 200 South Court Street P.0 Box 471 Invoice Number: I0992 Lewisburg, WV 24901-0471 Invoice Date: Feb 1, 2008 Page: 1 Voice: 304-645- 1206 Fax: 304-645-71 04

CITY OF RONCEVERTE - LEGAL PO BOX 417 RONCEVERTE, WV 24970

I 870 I I Net 30th of Next Month I

I I Air born e I I 3/30108 I

4.50 DN L 3A I LY NEWS LE GAL-- HEAR IN G : 4.85 21.83 SEWER--JAN 25 2008 3.38 DNL 75% 0 F IST AD THAT RAN--JAN 30 2008 4.85 16.37 3.38 DN L 75% 0 F 1ST AD THAT RAN--JAN 31 2008 4.85 16.37 3.38 DNL 75% OF IST AD THAT RAN-FEB I2008 4.85 16.37

S ubtotaI .70.94 Sales Tax Total Invoice Amount 70.94 CheckCredit Memo No: PaymentKredit Applied The West Virginia Daily News P.0. Box 471 Lewisburg, WV 24901 PHONE: (304) 645-1206

AFFIDAVIT OF PUBLICATION

STATE OF WEST VIRGINIA COUNTY OF GREENBRIER, TO WIT:

1, -&-&--6LUZ -----? one of the editors of The West Virginia Daily News, a daily newspaper of general circulation published at Lewisburg, West Virginia, in the County of Greenbrier, State of West Virginia, do certify that publication of the advertisement or advertisements attached hereto was made in -!~YLL~ --7--- \-%I issues of said newspaper, dated ------2s LLaB-% ------afi -- ---______------urns' ------231 -- DO?----__------1 ------_____------%bo 8'

Editor or Publisher . . Subscribed and sworn to before me this d+.- day of=@ 2008. P--' Tariff Form No. 12 (Tariff Rule 44)

PUBLIC NOTICE OF CHANGE IN RATES BY MUNICIPALITIES

NOTICE is hereby given that the City of Ronceverte, a public utility, has adopted by ordinance on February 4,2008 a tariff containing increased rates, tolls and charges for furnishing sewer service to 789 current customers at Ronceverte in the County of Greenbrier and to 150 forecasted future customers in the Organ Cave Sewer Line Extension (future customers expected to primarily reside in the Stoney Glen Development) at Ronceverte in the County of Greenbrier. The proposed increased rates and charges will become effective not sooner than 45 days from passage , estimated effective on 3/20/08, unless otherwise ordered by the Public Service Commission and will produce approximately $107,670.88 annually in additional revenue, an increase of 22% . The average monthly bill for the various classes of customers applicable within the entire territory served excluding the entire area known as the Organ Cave Sewer Line Extension will be changed as follows: ($) INCREASE INCREASE (%) Residential $0.00 0% Commercial $0.00 0% Public Authority $0.00 0% Resale $7,124.24 34% Resale customers of the City of Ronceverte include Greenbrier Public Service District No. 1. The average monthly bill for the various classes of customers applicable within the entire territory served known as the Organ Cave Sewer Line Extension (fbture customers expected to primarily reside in the Stoney Glen Development) will be changed as follows: ($) INCREASE INCREASE (%) Residential $1 2.32 46% Commercial $12.32 21% The increases shown are based on averages of all customers in the indicated class and territory. Individual customers may receive increases that are greater or less than average. Furthermore, the requested rates and charges are only a proposal and are subject to change (increases or decreases) by the Public Service Commission in its review of this filing. The Commission shall review and approve or modify the increased rates only upon the filing of a petition within thirty (30) days of the adoption of the ordinance changing said rates or charges, by: (1) Any customer aggrieved by the changed rates or charges who presents to the Commission a petition signed by not less than twenty-five percent of the customers served by such municipally operated public utility; or (2)Any customer who is served by a municipally operated public utility and who resides outside the corporate limits and who is affected by the change in said rates or charges and who presents to the Commission a petition alleging discrimination between customers within and without the municipal boundaries. Said petition shall be accompanied by evidence of discrimination: or (3) Any customer or group of customers who are affected by said change in rates who reside within the municipal boundaries and who present a petition to the Commission alleging discrimination between said customer or group of customers and other customers of the municipal utility. Said petition shall be accompanied by evidence of discrimination. All petitions should be addressed to the Executive Secretary, Public Service Commission of West Virginia, 201 Brooks Street, P. 0. Box 812, Charleston, West Virginia 25323. A complete copy of the proposed rates, as well as a representative of the utility to provide any information requested concerning it, is available to all customers, prospective customers, or their agents at the foikwing offim,gf the ,--: utility: >‘- cz.> Ronceverte City Hall City of Ronceverte 200 W. Main St. P.O. Box 417 Ronceverte, WV 24970 Phone (304) 647-5455 j - -- ,”. , A copy of the proposed rates is available for public inspection at the office of the Executive CRcretary of PuBU Service Commission of West Virginia at 201 Brooks Street, P.O. Box 812, Charleston, WV 25328< ;:; m 0-7 -- rage I or I

Sent: Tuesday, February 05,2008 3:38 PM To: dailynewsad; W Daily News Subject: Legal Ad and News Release

Legal Advertising Department: Print the attached Tariff Form No. 12 as a Class II legal advertisement, with the first publication to be made on or before February 8, 2008 and the second publication to be made 7 days after the first publication. Please provide notification of receipt of this request. Once the two publications are made, please provide the City of Ronceverte with an affidavit of publication and a tear sheet containing the newspaper article.

News Department: I have attached the Tariff Form No. 12 as a press release. Since this is a matter of vital public interest to many of your readers, I encourage you to print a news article containing the information reflected in the Tariff Form.

Thanks, Blaine Oborn City Administrator Cify of Ronceverte 200 West Main Street P.O. Box 477 Roncevetfe, W 24970 304-647-5455 Ofice 304-647-5473 Fax www.roncevertewv.corn

.2/8/2008 Blaine Oborn

From: Blaine Oborn [[email protected]] Sent: Tuesday, February 05,2008 3:39 PM To: Mountain Messenger Subject: Legal Ad and News Release

Legal Advertising Department: Print the attached Tariff Form No. 12 as a Class II legal advertisement, with the first publication to be made on February 9, 2008 and the second publication to be made 7 days after the first publication. Please provide notification of receipt of this request. Once the two publications are made, please provide the City of Ronceverte with an affidavit of publication and a tear sheet containing the newspaper article.

News Department: I have attached the Tariff Form No. 12 as a press release. Since this is a matter of vital public interest to many of your readers, I encourage you to print a news article containing the information reflected in the Tariff Form.

Thanks, Blaine Oborn City Administrator City of Roncevette 200 West Main Street P.0. 50x417 Roncevette, VVV 24970 304-647-5455 Office 304-647-5473 Fax www.ronceverte wv.com

2/8/2008 News Department: I have attached the Tariff Form No. 12 as a press release. Since this is a matter of vital public interest to many of your readers, I encourage you to print a news article containing the information reflected in the Tariff Form.

Thanks, Blaine Oborn Cify Adminisfrator Cify of Ronceverte 200 Wesf Main Streef P.O. Box 417 Ronceverfe, WV 24970 304-647-5455 Office 304-647-5473 Fax www.roncevertewv.corn

--'*I. r-v m rage I 01 I

To: 'tjalvey @ti mesofg reenbrier. com' Subject: News Release

News Department: I have attached the Tariff Form No. 12 as a press release. Since this is a matter of vital public interest to many of your readers, I encourage you to print a news article containing the information reflected in the Tariff Form.

Thanks, Blaine Oborn City Administrator City of Ronceverte 200 Wesf Main Sfreef P.O. Box477 Ronceverfe, VVV 24970 304-647-5455 Oflice 304-647-5473 Fax www.ronceverfewv.corn

2/8/2008