Drake v. Larue County Water District #1 - Prima Facie Complaint Order

COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of:

O R D E R On May 1, 2025, Carolyn F. Drake (Complainant or Ms. Drake) filed a complaint alleging that Larue County Water District #1 (Larue District #1) failed to send notice prior to shutting off her water service for non-payment. For the reasons discussed below, the Commission finds that a prima facie case has not been established and that Complainant should be given 20 days to amend the complaint to establish a prima facie case or the case should be dismissed. LEGAL STANDARD Pursuant to KRS 278.260, the Commission has jurisdiction over complaints regarding rates of service. Commission regulation 807 KAR 5:001E, Section 20(4)(a), requires the Commission to examine the complaint to ascertain if the complaint establishes a prima facie that the utility has violated a statute, regulation, tariff, or order CAROLYN F. DRAKE ) A complaint establishes a prima facie case for which the Commission may grant relief. 1 ) ) COMPLAINANT ) CASE NO.

1. ) 2025-00138 807 KAR 5:001E, Section 20(4)(a). 1 ) LARUE COUNTY WATER DISTRICT #1 ) ) ) DEFENDANT

when, on its face, it states sufficient allegations that, if uncontroverted by other evidence, would entitle the complainant to the relief requested. If a complaint fails to establish a prima facie case or conform to the administrative regulation, 807 KAR 5:001E, Section 20(4)(a)(1) provides that the complainant be notified and provided an opportunity to amend the complaint within a specified time. Additionally, 807 KAR 5:001E, Section 20(4)(a)(2) provides that if the complaint is not amended within the time that the Commission grants, then the complaint shall be dismissed. Commission regulation 807 KAR 5:006, Section 15 regulates the refusal or

termination of service by a utility. In particular, Section 15(1)(f) states that "[a] utility may terminate service at a point of delivery for nonpayment of charges" and requires water

utilities to give a 5-day written notice before terminating service for non-payment. BACKGROUND Complainant stated that on April 28, 2025, her water was cut off without notice by Larue District #1 for non-payment. She further stated that she had paid her bill online on April 7, 2025. The Complainant further alleged that Larue District #1 has a policy of sending no late notices. DISCUSSION AND FINDINGS While Ms. Drake's complaint alleges that Larue District #1 has violated Commission regulation, she has not requested any specific relief from the Commission that it could grant, only that Larue District #1 failed to send advanced notice prior to shutting of her water service. Having reviewed Ms. Drake's complaint and the evidence submitted, the Commission finds that she has not established a prima facie case that the utility has

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violated a statue, regulation, tariff, or order for which the Commission may grant relief. In accordance with 807 KAR 5:001E, Section 20(4)(a)(1)-(2), the Commission finds that the Complainant should be afforded the opportunity to amend her complaint. In this instance, the complaint may be determined to establish a prima facie case if a specific relief is

requested that is within the Commission's authority to grant which may include refund of

any reconnection fees if the utility is found to have disconnected the service in violation of regulation or tariff. The Commission further finds that Ms. Drake should file an amended complaint within 20 days of the date of service of this Order. Ms. Drake may file her amended complaint by U.S. mail or by email to PSCED@ky.gov. IT IS THEREFORE ORDERED that:

1. Ms. Drake's complaint is rejected for filing for failing to state a prima facie
   case.

2. Ms. Drake shall have 20 days from the date of service of this Order to file
   an amended complaint with the Commission that conforms to the requirements of 807 KAR 5:001E, Section 20(1), and that states a prima facie case.

3. Ms. Drake may file her amended complaint with the Commission by U.S.
   mail to 211 Sower Blvd., Frankfort, Kentucky 40601 or by email to PSCED@ky.gov. Ms. Drake shall include the case number, 2025-00138, in all filings with the Commission.

4. A copy of this Order shall be served upon Ms. Drake by the U.S. Postal
   Service First-Class and Certified Mail, Return Receipt Requested, at 4194 Munfordville Road, Sonora, Kentucky 42776.

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Entered on this 8th day of April, 2026. PUBLIC SERVICE COMMISSION

___________________________ Angie Hatton Chairman

___________________________ Mary Pat Regan Commissioner

___________________________ Andrew W. Wood Commissioner

ATTEST:

______________________ Linda C. Bridwell, PE Executive Director

Case No. 2025-00138

Service List for 2025-00138

Carolyn F. Drake 4194 Munfordville Road Sonora, KY 42776

• Larue County Water District #1 421 Strange Road Hodgenville, KY 42748
• Denotes served by Email