PSC Chairman Lane’s Column: Meet the Judges

The Public Service Commission includes more than me and my fellow Commissioners. In addition to the three of us, the agency has a number of divisions to carry out all the things that allow us to supervise public utilities. We have lawyers, accountants, and engineers who each contribute specialized skills to the overall effort. There are also secretaries, inspectors, and the friendly staff at the front desk who receive your comments or complaints.

One part of the Commission that you might come in contact with if you ever need to file a formal complaint is our Administrative Law Judges Division. The Commission has six judges who work at our Charleston headquarters along with one hearing examiner, who focuses on coal transportation cases.

The Commissioners are unable to hear every case filed with the Commission, so we rely on the judges in the ALJ Division to carry part of the overall caseload. Most consumer complaints and many requests from utilities are referred to the judges for review. Our technical staff members file a recommendation on what action should be taken in each case. The judge assigned to a case receives that staff recommendation as well as filings from the parties.

Often, our judges and hearing examiner first act as mediators in formal cases. In mediation, the judge doesn’t conduct a formal hearing, but organizes a conference call with the parties to attempt to work out a dispute informally. Many formal complaints filed with the Commission are quickly resolved through this process.

When the parties are not in agreement on what should happen in a particular case, the judge will schedule an evidentiary hearing. Those hearings are usually held in the county where the parties are located. The judges travel throughout the state for these hearings.

The evidentiary hearing conducted on behalf of the Commission is similar to a bench trial in civil court. After the hearing, the judge writes a formal decision, based on the evidence presented at hearing. After a specified number of days, the judge’s recommended decision becomes the final Commission order unless a party files an exception or requests a direct review by the Commission.

While I hope that no one ever needs to file a formal complaint to resolve a dispute with your utility, the Commission and its judges are available to decide your case when needed.

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