SE NO W-C. s, Boone County, a Corporation, Orgas, Boone County; er entered on August 1. a corporation, Orgas, Boone County.

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1 4.,. >.-. I., I,,UBLIC OF r S NO W-C ALVXS COLMAN nd ONA COLMAN, s, Boone County, ntered: Mr, 1981 Goplin. ~ '. V. GRY GRUBBS CONSTRUCTION CO'MANY, Corportion, Orgs, Boone County; Defendnt. On Mr 17,. County, filed for orportion, Orgs, Boone County. By order entered o.er orportlon, Orgs, 1 int or e nser te servie upon it by ertified 1,py of sid order in ordne Rules of rtie nd On April 18, 198, te' De endnt filed its ed in sid opl er entered on August 1 Y ering to be eld i 1 in te City of ' '* : r. Cbplinnts pp nd presented on. Mrs Oned lnnt in, tis rn reited te ft s de. Se n.

2 usbnd pursed oe in Gis ge, ousl Grey Grubbs Constrution Cpny loted in one County, bet Witesville nd Set. At te tirne te Colens Cis Villge in April of 1978, tey unders tt e ould be furnising te ter fro is ter ould be furnised te Villge by nerby publi servie ditrii Tere s no ontrt signed relting to te furnising of ter nd fter period of onstrution of eigtqen onts, te Colen$ f&n;lly oved into teir oe in Noveber, (Tr en relted tt se s esitnt to e te ut off soeone's ter beuse e s ssured by Mr. Grubbs' ife tt t$s ost for er ould be ini t tt tp fee ould be rged, tey never ny ritten greeent bout te ter supp dvertiseents for Cis Villge in te Col Vlley Nes indited tt bot ter nd sege ould $e vilble to te lots. It understnding tt ter ould be vilble to lot in Cis Villge. (Tr., p. 1). Mrs. Colen ontinued tt tey reeived teir first ter bill ound Jnury 16, 198. Tis bill s for $1. i inl 1. for tp fee nd $1. per ont for ter for te onts of goveber, Deeber nd Jnury. Wen tey de Inquiry bout te bill, sspeilly te tp fee, Mr. Grubbs told er tt ny utility tp fee. (Tr., p. 1). After te Colen's refused to py te bill, Mr, Grubbs :t e ould ut off teir ter. Wen pyent s not de ft sut off nd reined SO until teir dugter, 1Zr torn pid te $1. to Mr. Crvbbs. 'Te Colens t ill teir on ell nd leve te-ter syste of Mr. Grubbs. frs: Colen furter testified tt te qulity of te ter supplied )y Mr. Grubbs s good, oever, e tere ere's ny les.; grve tnd snd got into te lines i eventully stopped up teir :eir ser. (Tr., p. 14).

3 erstnding tt ent brde bout 1 te Colen's o to build to oes notie fro te poe

4 gors nd te streets. Mr. Grubbs stted tt e d been dvised not to get into te Mter business but tt t te tie e sent te bill to te Colens, it s te only ting e ould do to try nd eep fro ving te letriity turned off s to py te pst due eletri bill it te noney reeived fro te Colens. (Tr., p. 6). He furter stted tt te ter pipe is plsti line 1-1/ in it /4 in going to te ouses. Te syste s instlled s * teporry esure until publi servie distrit ould begin supplying te ter. Altoug e d not reeived nyting inriting fro publi servie distrit bout future ter supply, e ent ed nd built te ouses supplying te it is on ter supply. Te ell tt supplies te syste ost $,7 to drill nd goes don to 19 feet,, nd using orsepoer pup nd 8 in sing n produe enoug ter for bout oes. Mr. Grubbs lso ditted tt e d not red te Coission's Rule nd Regultions for te Governent of Wter Utilities, but tt e d reeived perission fro te Stte Helt Deprtent to use s : rter tn n ertion sege disposl plnt f$er eent b (Tr., p. 4). Tere re urrently tree ustoers on te ell, nd tere re no ore oes under onstrution. CTr., p. 4). Mr. Grubbs stted tt' in lying te present pipe e used ps of te prospetive publi servie distrit ter syste, not intending t te tie to put ter in te, but fter e sold soe lots nd te publi servie distrit didn't oe, e d to drill te ell nd put ter in te syste. Mr. Tos G. MKitri of te ngineering Division ppered on belf of te Coission's Stff, Mr. MKitri testified tt to te best of is noledge tere re no plns being de by ny publi servie distrit to supply SD ter to Cis Villge. If ny su plns ere to be forulted to get ll te ertifites nd governentl pprovl ould probbly te bout to yers. (Tr., p. 7).

5 V F9 o CI Q-l.. G H -.!J V d g!? H & u 4 U V r - s z l CI... u -r( F M) 4.I4 % e - *I+ ei! s -ri - r l, d g s- Q O, z - * U r l $ % ) rci SI B - u z. - Q) *%-I 4J U f; - M 8 zi $ - U $4 - o 4J. * 4 pr (d n.. s 9 -. *

6 ORDR IT IS, THRFOR, ORDRD tt te fo oplint of Alvis :olen nd Oned Colen, Box 1, Orgs, Boone County, ginst te ey Grubbs Constrution Copny, In, orportion, Orgs, Boone ounty, be, nd it ereby is, grnted. IT IS FURTHR ORDRD tt te Grey Grubbs Constrution Copny, fn., orportion, Orgs, Boone County, reiburse Nny C. Morn in te ount of $1. s oney ipropey olleted ile not prpey ertifited publi utility of West Virgini. IT IS FURTHR ORDRD tt te Grey Grubbs Constrution Copny, fn., orportion, Orgs, Boone County, ese nd desist fro selling ster to te oes in Cis Villge until su tie s te Grey ubbs Constrution Copny, In. pplies for nd reeives ertifite if onveniene nd neessity to operte s publi utility in West Virgini. Te xeutive Seretry is ereby ordered to serve opy of tis order upon te Coission by nd delivery, nd upon ll prties Df reord by United Sttes Certified Mil, return reeipt requested. Leve is ereby grnted to te prties to file ritten exeptions supported by brief it te xeutive Seretry of te Coissior Aitin fifteen (1) dys of te dte tis order is iled. If exep- tions re filed, te prties filing exeptions sll ertify to te \ Zxeutive Seretry tt ll prties of reord ve been served sid exeptions. If no exeptions re so filed tis order sll beoe te xder of te Coission, itout furter tion or order, five () dys olloing te expirtion of te foresid fifteen (1) dy tie period, unless it.is ordered styed or postponed by te Coission. Any prty y request iver of te rfgt to file exeptions to Hering xiner's Order by filing n pproprite petition in sriting it te Seretry. No su iver ill be effetive until pproved by order of te Coission, nor sll ny su iver operte to e ny Hering xiner's Order or Deision te order of te Coission sooner tn five () dys te Coission.

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