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CITY OF WHEELING v. PUBLIC SERV. COMM'N

No. 21-1001.

887 S.E.2d 44 (2023)

CITY OF WHEELING, Defendant Below, Petitioner v. The PUBLIC SERVICE COMMISSION OF WEST VIRGINIA and the City of Benwood, Respondents.

Supreme Court of Appeals of West Virginia.

Submitted Upon Rehearing January 10, 2023.

Filed April 24, 2023.

Attorney(s) appearing for the Case

Robert R. Rodecker, Esq. , John R. McGhee, Esq. , Kay Casto & Chaney PLLC, Charleston, West Virginia, Counsel for Petitioner.

Rosemary Humway-Warmuth, Esq. , Office of City Solicitor, City of Wheeling, Wheeling, West Virginia, Counsel for Petitioner.

Jessica M. Lane, Esq. , Jeffrey A. Foster, Esq. , Natalie E. Thomas, Esq. , Public Service Commission of West Virginia, Charleston, West Virginia, Counsel for Respondent.

The City of Wheeling sells wholesale sewage treatment service to the City of Benwood. In April 2021, Wheeling increased the wholesale rate it charges to Benwood by 45%. Benwood complained to the Public Service Commission about the rate hike in May 2021 under West Virginia Code § 24-2-1(b)(6) (2021). That statute requires...

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