An administrative law judge (ALJ) for the Public Service Commission of West Virginia (PSC) recently ruled that a public service district (PSD) violated various state laws and regulations by refusing to provide water service to a natural gas producer (PSC Case No. 11-1514-PWD-C). The ruling was in response to a complaint filed by a natural gas producer alleging that the PSD discriminated against it by agreeing to provide water service only to a competing natural gas producer. The PSD has also been ordered to file a policy for handling future requests for water service to fracture Marcellus natural gas wells. Given the importance of access to water for Marcellus wells, future developments in this proceeding or in a PSC rulemaking should be followed.
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