City of Benwood v. Public Service Commission of West Virginia

This is an appeal by five municipal corporations located near the City of Wheeling from two orders of the Public Service Commission of West Virginia (Commission). In both orders the Commission held that it was without jurisdiction under W.Va. Code, 24-2-4b(c) [1979] to review and approve or order changes in the water rates adopted by the City of Wheeling.

This controversy arose on October 23, 1979, when the Wheeling City Council passed an ordinance increasing water rates for the area served by the City of Wheeling. *701Although there were two schedules contained in the ordinance, only Schedule No.…