The state PSC Approves Agreement Between Warm Springs Public Service District and Cacapon Investments
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 7th day of April 2025.
CASE NO. 24-0951-PSD-DC
WARM SPRINGS PUBLIC SERVICE DISTRICT
Request for Approval of an Operation and
Maintenance Agreement with Cacapon
Investments LLC
COMMISSION ORDER
The Commission accepts for filing the Operation and Maintenance (O&M) Agreement between Warm Springs Public Service District (Warm Springs) and Cacapon Investments, LLC (Cacapon).
BACKGROUND
On December 23, 2024, Warm Springs filed a petition requesting approval of an O&M Agreement between itself and Cacapon.
On January 13, 2024, Staff filed their Initial and Final Joint Staff Memorandum. Staff stated that Cacapon is not a regulated utility and does not provide sewer service to enough customers to qualify as a sewer utility.1
DISCUSSION
Cacapon owns, operates, and maintains a sanitary sewer system and a wastewater treatment plant serving an Exxon station, a convenience store, and apartments at 139 Business Park Circle, Berkeley Springs, WV.2 Pursuant to the O&M Agreement, Cacapon will operate and maintain the sewer collection system, including gravity mains, force mains, pump stations, lift stations, service connections, and any/all other facilities and fixtures upstream from the headworks of the serving wastewater treatment plant.3
Pursuant to the O&M Agreement, Warm Springs will receive, treat, and dispose of the wastewater.4 All flows at the entry point of the wastewater treatment plant headworks and downstream will be managed, treated, and discharged by Warm Springs.5
For the routine operation and maintenance services provided under the O&M Agreement, Cacapon will pay Warm Springs $1100.00 per month with a $50 increase each year for the next two years. Charges for extraordinary unplanned repairs and replacements and emergency response to extraordinary operating conditions shall be in addition to the flat monthly rate and shall be on a time and materials basis. Warm Springs shall invoice Cacapon for all services on a monthly basis, and Cacapon shall pay such invoices within thirty days of receipt.6
The Commission will accept the O&M Agreement between Warm Springs and Cacapon for filing and will adjudicate any future disputes, should they arise, between Warm Springs and Cacapon regarding the O&M Agreement.
FINDINGS OF FACT
1. Warm Springs filed a petition requesting approval of an O&M Agreement between itself and Cacapon.
2. Cacapon owns, operates, and maintains a sanitary sewer system and a wastewater treatment plant serving an Exxon station, a convenience store, and apartments at 139 Business Park Circle, Berkeley Springs, WV.7
3. Pursuant to the O&M Agreement, Warm Springs would receive, treat, and dispose of the wastewater.8
CONCLUSION OF LAW
The Commission accepts for filing the O&M Agreement between Warm Springs and Cacapon.
ORDER
IT IS THEREFORE ORDERED that the Commission accepts for filing the Operation and Maintenance Agreement between Warm Springs Public Service District and Cacapon Investments, LLC.
IT IS FURTHER ORDERED that the Commission will adjudicate any future disputes, should they arise, between Warm Springs Public Service District and Cacapon Investments, LLC regarding the Operation and Maintenance Agreement.
IT IS FURTHER ORDERED that this matter shall be removed from the Commission’s docket of open cases.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery
