CONSUMER ADVOCATE DIVISION STATE OF WESTVlRGlNlA PUBLIC SERVICE COMMISSION 700 Union Building 723 Kanawha Boulevard, East Charleston, West Virginia 25301 (304)558-0526 F.-, ..l ~ . I July 18,2016 Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301 RE: WEST VIRGINIA-AMERICANWATER COMPANY CASE NO. 14-0872-W-GI Dear Ms. Ferrell: Enclosed for filing in the above-styled and numbered case, please find the original and twelve (12) copies of the Consumer Advocate Division's Request for Admission. Copies have been served upon all parties of record. Sincerely, Tom White State Bar No. 6393 Enclosures cc: Parties of record AN EQUAL OPPORTUNITY EMPLOYER PUBLIC SERVICE COMMISSION OF WEST VIRGINIA RE: GENERAL INVESTIGATION pursuant to W.Va. Code $24-2-7 Into actions of WVAWC in reacting to the Jan. 9,2014 chemical spill CASE NO. 14-0872 CONSUMER ADVOCATE DIVISION’S (CAD) REQUEST FOR ADMISSION The Consumer Advocate Division (CAD) hereby submits this single Request for Admission. The CAD believes that this Request may assist in efficient disposition of this matter and, given the nature of the request itself, does not violate the intent of Commission’s May 23, 2016 Order denying ASWS’ motion to reopen discovery. The CAD requests that if WVAWC’s (Company) Response is anything but an unqualified Admission that the Company fully explain its Response and set forth the facts and evidence to support Company’s Response and identify the witnesses who can testify to same. Please respond within twenty (20) days. 1. Please refer to the direct testimony of CAD witness Evan Hansen, the Company’s Sept. 2, 2014 Responses to CAD A-5 and CAD A-2 (attached) and the Vulnerability Assessment. Please Admit that, with the exception of certain documents attached as Exhibits to Mr. Hansen’s testimony, none of the documents referenced by the Company as responsive to CAD A-5 and CAD A-2 nor the Vulnerability Assessment contain any mention of the Freedom Industries or Pennzoil tank f m or the Elk River Zone of Critical Concern (ZCC). RESPONSE: Respectfully submitted, Tom White Deputy Consumer Advocate 1 500 LEE STREET EAST % SUITE 1600. PO. BOX 5 5 3 *CHARLESTON. WEST VIRGINIA25322 TELEPHONE. 304-340-IOOO* TELECOPIER 304.340-1 I10 f uwtr,ockmikeJJ~rm Direct Dial No. (304) 340-1289 Far No. (304) 340-1080 e-mail: pmelick@jackronkelly.com State B ~ mK NO. 2522 September 2,2014 Via Hand Delivery Ingrid Ferrell, Director Qh ‘.ObW, ~ 5 % 02 ?~pJ pi,c D,.EL $kc Executive Secretary Division Public Service Commission of West Virginia 201 Brooks Street Charleston, WV Re: ~~~ Case No. 14-0872-W-GI - West Virginia-American Water Company Dear Ms. Ferrell: Pursuant to Procedural Rule 13.6.c and the August 22 Commission Order, we enclose one copy of the Company’s supplemented responses to the following data requests: Data Requests: Business Intervenors’ First Requests; Advocates for a Safe Water System’s Firsi Requesrs; Consumer Advocate Division’s Second Requests Designations: BI-INT-8; CAD-A-12; BI-INT-9, CAD-A-17; BI-INT10 to -13; BI-INT-31; BI-INT-43, CAD-A-21; BIINT-45, ASWS-I; BI-INT-47; BI-TNT-48; BI-FSP-I; BI-RFP-2; BJ-RFP-3; BI-RFP-5; BI-RFP-6; BI-RFP-7, ASWS-13; CAD-A-5; BI-RFP-18; BI-RFP-35; ASWS-3; CAD-A-2; CAD-A-3; CAD-A-1 1 Confidential Responses Filed Under Seal: None of the verified responses is filed under seal. However, the documents on the enclosed disk (labeled as containing such information) have been designated as confidential pursuant to the August 29 Protective Agreement. Another disk containing those documents that are not so designated, with the files converted to PDF to facilitate their posting on the Commission website, will be submitted shortly. As stated in the enclosed responses, the parties are receiving all of these documents, surne in native format, with their disk today. Sandra Squire, Executive Secretary September 2,2014 Page 2 We also enclose, solely for the Commission, a separate envelope labeled CONFIDENTIAL - PUBLIC SERVICE COMMISSION ONLY - CONTAINS UNREDACTED VULNERABILITY ASSESSMENT, EMEROENCY PREPAREDNESS MANUAL, FINISHED WATER STORAGE SECURITY PRACTICE, AND TREATMENT CHEMICAL RECEIVING PRACTICE which contains unredacted versions of these documents, redacted versions of which are on the disk provided to counsel to the other parties. Please date stamp the extra copies of this letter and the responses, and return them with As always, we appreciate your assistance. OUT messenger. Sincerely, John Philip Melick' JPMJmrv Enclosures c: Jacqueline Lake Roberts, Tom White and Heather Osbom, Esqs. (wi enc.) William V. DePaulo, Esq. (wi enc.) Paul R. Sheridan, Esq. (w/ enc.) Anthony J. MajesBo, Esq. (wi enc.) Timothy C. Bailey, Esq. (w/ enc.) Jonathan Marshall, Esq. (wi enc.) David A. Sade, Esq. (w/ enc.) (C2943256.1I 26 m. a: in , COMMISSION ORDER: ‘‘“his request is reasonable and WVAWC should provide any such documents that are in its possession.” FTJRTHER RESPONSE The documents produced reflect the Company’s communications planning activities relating to source water contamination before the spill. See also the Company’s further responses to BI Requests for Production # 6 and 7. (C2943163.1) 21 , , COMMISSION ORDER: “If a Plan existed on January 9, 2014, WVAWC should provide a copy and responses to the questions asked.” FURTHER RESPONSE The Company did not have a final, written Source Water Assessment and Protection Program Source Water Protection Plan (“SWPP’) in place on January 9, 2014. Documents produced in WVAWC’s further responscs to BI Requests for Production #6 &k 7 and CAD A-5, above, , 2 There is a second report dated July 2002 with additional lists of potential contamination sources. The narratives are the same. http://www.wvdhhr.orploehsleedswap/results.cfm?mode=ps lC2943163.1I 31 evidence the fact that state funding for SWPPs ran out before the Kanawha Valley system’s written pl,m couId be completed. However, protection and management of the source water for the Kanawha Valley Treatment Plant have always been an important part of Plant operations. (C2943163.1I 32 , , CONMISSION ORDER: “If one or more updates were prepared, WVAWC should provide a copy of the most recent update as of January 9,2014 and respond to the related questions for the most recent update as of January 9,2014.” FURTHER RESPONSE: No updates were prepared. (C2943163.1 I 33 COMMISSIONORDER: “The Company should provide the requested information.” FWRTHE?R RESPONSE The produced documents illustrate the Company’s source water protection planning activities before the spill. These documents were identified by current employees of the Company who are responsible for water quality and environmental issues. See also the Company’s further response to CAD A-5. (C2943163.1) 24 , COMMlSSION ORDER: “This request seeks information that is not peztinent to this proceeding to the extent it seeks documents that existed at any time prior to January 9,2014.If the requested documents existed and were in effect as of January 9,2014,they should be provided.” FURTHER RESPONSE The documents produced illustrate the Company’s emergency response planning activities relating to source water contamination before the spill. These documents were identilied by current employees of the Company who are responsible for emergency planning activities. See also the Company’s further response to CAD A-5. (C2943163.1) 25 , CERTIFICATE OF SERVICE I, Tom White, counsel for the Consumer Advocate Division of the Public Service Commission of West Virginia, hereby certify that I have served a copy of the foregoing Consumer Advocate Division s Request for Admission upon all parties of record by First Class, U S . Mail, postage pre-paid. Tom White Counsel for Consumer Advocate State Bar No. 6393 Dated July 18.2016