The Public Utility Commission (PUC) forwarded my informal complaint to RCH WSC regarding the annual meetings. According to the procedures, RCH WSC is required to investigate and advise the Commission in writing of the results of its investigation of my complaint within 15 days. The Customer Protection Division (CPD) said that RCH WSC failed to respond and now I am able to proceed filing a formal complaint at the Commission as of Friday, February 24, 2023.
Complex State Complaint Process Discourages Citizen Participation
The Administrative Law Judge (ALJ) will issue a document called an order requiring the party (RCH WSC) that is the subject of the complaint to respond by a certain date and provide a deadline for PUC staff to make a recommendation on how the case should be handled. The ALJ will have to determine whether my requested relief is something that the PUC can order. The PUC can order a variety of corrective actions. If the PUC will determine whether the case can be decided based on the law or whether a hearing will be required in order for the PUC to decide any facts in dispute by the parties.
If there are factual disputes, the PUC will refer the case to the State Office of Administrative Hearings (SOAH) for a hearing, SOAH is a neutral and independent agency where Texas agencies, like the PUC, and private citizens or entities can resolve legal disputes.
RCH WSC Is Going To Court
On January 12, 2023 at 10am RCH WATER SUPPLY CORPORATION failed to appear to the preliminary hearing or evidentiary hearing, the factual allegations in the notice of hearing may be granted by default.
Read the EDRP and Joint Motion to Waive Appearance at Preliminary Hearing and Submission of Agreed Hearing Schedule.
March 6, 2023 is the deadline to issue discovery requests, including requests for disclosure, interrogatories, requests for production and inspection, and requests for admissions.
April 5, 2023 is the deadline to issue responses to discovery requests, regardless of when the discovery requests were timely submitted.
June 13 or 29, 2023, or July 12, 2023 is the Evidentiary Hearing.
TxDOT Is Still Waiting on RCH WSC To Respond
On Valentine’s Day, TxDOT‘s Utility Coordinator followed up with RCH WSC Board Director Steve Hatfield about relocation plans for the SH 205 project. TxDOT is in possession of all new ROW and are expecting all utility owners to begin their relocations immediately. TxDOT Utility Coordinator wanted to know when their office is to receive RCH WSC‘s relocation plans for a preliminary review.
Meanwhile, Robin Baley on behalf of RCH WSC is still making calls and searching for an engineer to replace their previous engineer Eddy Daniel who proposed to be paid upfront $500k. Hatfield is still leading TxDOT on that soon they will award a contract to a new engineer to do these relocation plans.
RCH Insults Customers
Customers received in their March account statement on February 24, 2023 this letter [FIGURE 3] signed by the RCH WSC board deflecting responsibility and containing inaccuracies.
This, my friends, is a sterling example of corporate bullshit. There are requirements for a reason, to avoid a health crisis and maintain the standards of a healthy public water system. In addition to that RCH WSC has violated their water purchase agreement for years, in multiple TCEQ investigations this water supply corporation has not managed improvements, lack of reporting, demanding new homebuyer customers to remit builder’s water consumption, hasn’t hosted an annual meeting and lawful elections. These are necessary because we are well over 1,359 connections and in the peak season we need over 2.1 million gallons a day.
There is a bit of a disconnect on the topic of a “Merger” which has not ever been offered to RCH WSC. The City has only offered for RCH WSC to transfer all of their assets and customers to the City of McLendon-Chisholm. An official election date still has not been published, nor election procedures and the lack of urgency is not a priority to RCH WSC board directors.
Thank you for reading to be informed and for taking part of the RCH WSC WATCH. I’m definitely looking forward to the next RCH Board Meeting. Please let me know if you plan to come to the meeting and definitely say hello if we have not met yet. If you are new to my blog consider clicking yes if asked, “Would you like to receive notifications on latest updates?” Or visit the Politics category in the menu to read all my local Rockwall County political articles.
It would be great to see you at the next meeting to comment that you would support for the board to stop the shenanigans and motion to vote in favor of to dissolve, convey all of RCH WSC assets, customers and property to the City of McLendon-Chisholm.
Comment below what are some of your concerns that you believe should be addressed I would love to hear your thoughts.