The West Virginia Public Service Commission should not limit its investigation of West Virginia American Water company's response to a 2014 chemical spill to only what happened on the day of the spill and afterward, a consumer advocate argued Wednesday.
During a preconference hearing, Jackie Roberts, director of the PSC's consumer advocate division, argued that whether the company properly prepared for the January 2014 spill should be a part of the investigation as well as whether the company adequately responded to the incident.
The water company has argued that the Bureau for Public Health, not the Public Service Commission, should be responsible for determining if the company adequately prepared for the Freedom Industries spill into the Elk River which ultimately contaminated the water supply for around 300,000 West Virginia residents.
The Public Service Commission has not ruled on whether it will limit the investigation, spokeswoman Susan Small said.
Experts testifying for the Consumer Advocate Division as well as consumer and advocate groups have argued the water company did not adequately prepare for a possible toxic spill despite knowing that Freedom Industries' tank facility was located just upstream from the company's water intake. PSC staff members also criticized the company for waiting until the afternoon of Jan. 9 to issue the "do not drink" order for hundreds of thousands of customers in the Charleston area and surrounding communities.
Roberts said the Public Service Commission issued a bench ruling that pre-filed testimony would not be thrown out as the water company had asked.
The water company had moved to strike testimony from Fred Stottlemyer, the former general manager of the South Putnam Public Service District, and rebuttal testimony from engineer David W. Mazyck.
A hearing in the case is scheduled for Jan. 24, 25, and 26. An additional hearing is set for Jan. 5 to hear the testimony of an expert witness who is not available otherwise, Roberts said.
Laura Jordan, spokeswoman for West Virginia American Water, did not immediately return a request for comment.