CTUB has a 500,000 storage tank on Keyes Ferry Road adjacent to the proposed development.
A dispute over who will provide water service to a major new development in Jefferson County reached a key hearing on July 30, as the Charles Town Utility Board (CTUB) and West Virginia American Water (WVAW) presented their arguments before state regulators.
Both utilities want to serve a proposed 134-acre mixed-use development just east of Charles Town. The hearing, part of the state Public Service Commission (PSC) case 25‑0263‑W‑C, took place at the new Jefferson County government building.
CTUB had petitioned the PSC in February 2025, seeking relief against what it described as WVAW’s “encroachment into exclusive territory creating utility-on-utility competition.” In May, PSC staff filed a memorandum that supported CTUB’s position and recommended that the PSC issue a “cease and desist” order to prevent WVAW from taking any action that would encroach on the CTUB service area. The PSC then granted interim relief and WVAW filed a response opposing the relief, leading to the July 31 hearing before PSC Chief Administrative Law Judge Keith George.
What’s The Issue?
CTUB is a city-owned public utility that provides water and sewer service in a relatively contiguous area that encompasses the City of Charles Town. WVAW is a for-profit company that provides water service to several areas in Jefferson County north of the city (it also provides sewer services to a small number of these customers). WVAW purchased its Jefferson County assets from Jefferson Utilities in October 2023.
This area of the county, which sits at the intersection of Routes 340 and 9, was planned for development decades ago. CTUB has already built out the mainline infrastructure around this parcel — a 500,000 gallon storage tank that sits adjacent to the property on Keyes Ferry Road (image above) along with water and sewer main lines that run along both the north and south sides of the property.
WVAW argues that its existing infrastructure is close enough to be considered a viable option for the proposed development, even though it would need to construct new main lines crossing underneath Route 340 (and over CTUB’s existing lines) to connect to the planned development.
During the hearing, Kristen Stolipher, CTUB’s General Manager, raised the concern that the existing CTUB investment in this area would become “stranded” — unable to generate revenue. The costs of stranded assets are typically written-off, creating a cost that is applied to existing customers.
WVAW argued that its customers will benefit from lower rates in the future as the company expands. CTUB presented maps during the hearing that showed WVAW with significant potential for growth outside of the contiguous CTUB service area.
What’s Next?
CTUB and WVAW will now submit written briefs, followed by another hearing before a PSC issues a final ruling on the case.
