Broadmoor/Timberline Apartments v. Public Service Commission

MILLER, Justice:

The question presented is: Whether private sewer lines that transport waste from public utility customers into the utility’s sewer system are subject to the jurisdiction of the public service commission (PSC).

I

Broadmoor/Timberline Apartments (Broadmoor) 1 is a private apartment complex situate less than one mile outside of the City of Morgantown. In the early 1970s, as part of an expansion of its facilities, Broadmoor constructed a system of manholes and sewer lines to service the complex. This system transports waste from individual apartments via a series of 8-inch sewer…