The state Public Service Commission
has launched a general investigation into the response of West Virginia
American Water Company following the Jan. 9 chemical spill at Freedom
Industries just up the Elk River from the company’s Kanawha Valley Plant in Charleston . The spill
caused a Do Not Use water order for residents in parts of nine counties.
In its announcement the PSC
detailed what it will be looking for:
“The focus of the investigation
will be whether, at the time of and under the circumstances that existed with
the spill, the actions of WVAWC in reacting to the spill and the presence of
MCHM in its raw water or finished water supply constitute unreasonable or
inadequate practices, acts or services as provided for in State Law. Included
in the information WVAWC is ordered to provide to the Commission is a
chronological description of actions taken by the company beginning when any
employee, representative of its parent company or service company became aware
of the spill; locations and measurements of MCHM discovered in the water; the
process and factors used to decide whether to close the intake structure at its
Charleston water treatment facility, including which, if any, outside agencies
were consulted and who ultimately made the decision regarding the continued
intake of raw water from the Elk River; and a description of alternatives for
water treatment or alternative or supplemental sources of treated or finished
water were considered by WVAWC after it became aware of the spill.”
The order set a deadline for June
25 for those parties that are interested in intervening in the case. An
evidentiary hearing is set for Oct. 7-9.
The PSC also said developing water quality standards is up to
the state DHHR and will not be part of the investigation.