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Timberline Utilities complaints detailed

By Bayli Rhodes 5 min read

CANAAN VALLEY -- Unsafe water, a lack of electricity and confusing billing practices were among the complaints made by customers of Timberline Four Seasons Utilities.

The West Virginia Public Service Commission presented evidence at an all-day public meeting Thursday that Timberline Four Seasons Utilities failed to serve the needs of its customers through poor management.

The PSC presented a 245-page memorandum explaining in detail to Administrative Law Judge Keith George the alleged neglect and shortcomings of the company, laid out in 10 different sections.

PSC Utilities Analyst Tara Gilkey investigated the financial records and transactions of Timberline utilities and presented her findings to the judge Thursday.

Gilkey said that during her field visits she observed inconsistent office hours and attempts made by Timberline to manage the facilities without electricity.

She explained that she had to contact employees though what appeared to be their personal cell phone numbers in order to get information.

"We have definitely seen customer complaints though their filings," Gilkey stated. "To my knowledge, everyone and ourselves included have had a hard time reaching individuals at the office or by phone."

PSC Senior Staff Engineer Jonathan Fowler presented information Thursday about Timberline's water utilities.

Fowler said Timberline officials have displayed an inability to hire two full-time class 2 water operators, which resulted in a boil water advisory placed by the Health Department in October.

Fowler explained that there is currently no full-time water operator, with only part-time operators working at the facility, which is inadequate.

He also reported that there are currently no plans for any upgrades or renovations and that there is poor mapping of the entire water system.

Fowler stated there is hardly any information on the water meters which are assigned to individuals houses, with no serial numbers on the meters. He said the resort is always operating as if it is in a "crisis mode" without materials on site to fix problems that arise.

"They need to have plans for replacement, scheduled repairs and maintenance in the system -- don't do it on an emergency basis when it breaks down." Fowler said.

He explained that the amount of water loss in a system should not exceed 15 percent. From his study of Timberline Utilities, the company is losing 42 percent of the water in the system, he said.

PSC Utilities Analyst William Beller also reported his findings Thursday, focusing on water billing issues.

Individuals submitted their bills to Beller in order for him to conduct his investigation. He found that Timberline Utilities failed to acknowledge payments, produced the wrong meter reading on bills, provided the wrong meter reading dates, billed individuals for the same water usage and failed to conduct timely billing.

Beller explained why the inconsistent billing could be a problem for customers.

"Not only could I possibly be hit with a penalty, but there could be a termination notice out for September's usage that I didn't see until November," he said.

The PSC concluded Thursday by recommending that the Canaan Valley Public Service District take over the Timberline Utilities operation. No decision was made at the hearing.

CVPSD member Robert Metzger also spoke at Thursday's event, confirming that the CVPSD was fully capable of taking over the Timberline Utilities facility, if needed.

Metzger asked that the public "be patient" in the transition process.

The judge concluded that both sides must finalize their initial briefs by Jan. 14.

In 2016, numerous complaints were filed against Timberline Utilities, over alleged poor management in the inability to consistently pay electric bills, inability to send consistent bills, and the company's inability to pay its sewer treatment provider, Canaan Valley Public Service District, all of which led to the loss of water utility services to the customers of Timberline Utilities.

In August 2016 the PSC staff conducted its investigation on Timberline Utilities and presented their findings to an Administrative Law Judge.

In September 2016, Timberline Utilities submitted an improvement plan to address the various issues of conflict.

After more complaints were made, the PSC launched another investigation of Timberline Utilities on May 15 of this year and has since been involved in numerous interactions with both Timberline Utilities and the Canaan Valley Public Service District.

In the 245-page memorandum, the PSC concluded that Timberline utilities failed to collect payment on water and sewer services that it provided to its affiliates, with overdue debts increasing from the $134,966, that was ordered to be repaid in the 2016 complaint cases, to $225,067 as of Oct. 31 of this year. The total cost is an increase of $90,101, since the 2016 complaint cases.

The PSC also concluded that Timberline Utilities obstructed utility revenues and facilities to secure debt to the benefit of an affiliate, both in the past and currently in their operations.

Timberline utilities was also found by the PSC to have failed to collect the ordered repayment for improper transfers of cash, while also increasing the amount transferred from Timberline Utilities to affiliates since January 2015 from $180,212 to $319,253 as of October 31st of this year.

Timberline Utilities also allegedly failed to meet multiple years of federal and state tax liabilities.

The PSC also concluded that Timberline Utilities engaged in gross mismanagement by failing to file the 2017 Public Service Commission Annual Reports for water and wastewater, failing to close 2017 books and records, failing to respond to the PSC staff data requests after a Procedural Order was ordered, failing to operate management offices by attempting to operate without electric services for a prolonged time, having inconsistent office hours, having checks returned because of inconsistent funding and being unavailable to both customers and staff at a public phone number to address questions, issues and concerns.

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