CENTRAL WEST VIRGINIA REFUSE INC. v. PSC

No. 21750.

438 S.E.2d 596 (1993)

190 W.Va. 416

CENTRAL WEST VIRGINIA REFUSE, INC., Appellant, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1993.


Attorney(s) appearing for the Case

Arden J. Curry, Pauley, Curry, Sturgeon & Vanderford, Charleston, for appellant.

Richard M. Allen, Public Service Comm'n of West Virginia, Charleston, for appellee.


MILLER, Justice:

Central West Virginia Refuse, Inc., (Central), appeals a final order of the Public Service Commission (PSC), dated March 10, 1993, that reduced the base tariff rate Central could charge its customers from $27.45 to $21.58 per ton. On appeal, Central alleges two errors: (1) the PSC exceeded its statutory authority when it refused to follow its earlier decision in the original tariff case involving Central, and (2) the evidence was inadequate to support...

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