WHO WE ARE
The Consumer Advocate Division ("CAD") was created by the West Virginia Legislature in 1981 to represent the interests of residential customers of gas, water, telephone, and electric services before the Public Service Commission ("PSC"). Although CAD is a division of the PSC, it is independent from the PSC and has a separate budget and staff.
CAD is led by a director who is appointed by the PSC Commissioners. The director is a West Virginia resident and admitted to the practice of law in West Virginia. The director oversees a modest staff which includes legal, technical, and support personnel. The director also retains expert consultants as needed. In addition, the director meets regularly with the appropriate legislative committees and subcommittees to discuss the operation of CAD. Finally, on or before the first day of each regular session of the Legislature, the director files a report with the Executive Secretary of the Public Service Commission, the Joint Committee on Government and Finance, and the Governor detailing the actions taken by CAD in the preceding calendar year and the results achieved.
WHAT WE DO
Historically, utilities have had the exclusive right to provide services in designated areas. Because utilities have no competition for services, they are regulated to ensure reasonable costs. As a result, utilities must seek approval from the PSC for any rate increases they want to charge customers. CAD represents the interests of West Virginia residents in these rate proceedings before the PSC.
HOW WE DO IT
Pursuant to serving the interests of West Virginia residents, CAD is authorized to evaluate all matters pending before the PSC to determine if the interests of residential utility customers are affected; petition the PSC to initiate proceedings to protect the interests of customers; appear before the PSC as a party on behalf of customers; appeal any determination, finding, or order of the PSC determined by CAD to be adverse to the interests of customers; and appear on behalf of customers before other state agencies, federal agencies, and in state and federal courts. In protecting the interests of residential utility customers before the PSC, CAD performs independent analyses, presents testimony of expert witnesses, cross-examines utility witnesses, and files recommendations and briefs with the PSC.
CAD is a member of the National Association of State Utilities Consumer Advocates ("NASUCA"), an association of 44 consumer advocates in 42 states and the District of Columbia. The director of CAD serves on various NASUCA committees.
Since CAD represents the interests of residential utility customers as a class, it does not provide specific legal representation of individuals for individual problems. If you have a problem with service or billing, you should attempt to resolve the matter informally first. Many utilities, for example, will accommodate a payment plan if you are in arrears on issues. If you cannot resolve your complaint informally, the PSC has Consumer Affairs Technicians that can help you. For complaints, the phone number is 1-800-642-8544. Finally, if your case in not resolved, you may file a formal complaint with the Commission and your case will ultimately be heard by an administrative law judge. To obtain an explanation of the complaint process, please go to the PSC’s web site .
