October 5, Case No COAL-SC-GI Tyler Morgan, LLC. Dear Ms. Smith and Mr. Hoyer:

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1 li 21 Brooks Street, P.O. Box 812 Charleston, West Virginia Phone: (34) 34-3 Fax: (34) October 5,21 8 Nicola D. Smith, Esq. David A. Hoyer, Esq. Counsel, Tyler Morgan, LLC Hoyer, Noyer & Smith, PLLC 22 Capitol Street Charleston, WV 2531 RE: Case No C-GI Tyler Morgan, LLC Dear Ms. Smith and Mr. Hoyer: Pursuant to Rule 4.3.c of the Commission s Rules of Practice and Procedure, we are enclosing a copy of the Staff memorandum in this matter. Any responses must be submitted to the Executive Secretary s Office in writing within 1 days of this date, unless directed otherwise. Your failure to respond in writing to the utility s answer, Staffs recommendations, or other documents may result in a decision in your case based on your original filing and the other documents in the case file, without further hearing or notice. When you provide an address, you will automatically receive docket notifications as documents are filed in this proceeding. The notifications allow recipients to view a document within an hour from the time the filing is processed. If you have not provided your address, please send an to caseinfo/~~psc.state.mi\/.us and state the case number in the subject field. Please note - the Public Service Commission does not accept electronic filings. IF/jn Enc.: Memo Executive Secretary Division

2 FINAL JOINT STAFF MEMORANDUM TO: FROM: RE: INGRID FERRELL Executive Secretary LINDA S. BOUVETT Staff Attorney CASE NO C-GI TYLER MORGAN, LLC DATE: October 5,218 -*P -* STAFF RECOMMENDATIONS Staff recommends that the Cominission seek enforcement of the administrative sanctions totaling $5,74.6 entered in the cases listed in Exhibit A in the Technical Staff memorandum in a circuit court with proper venue; require Tyler Morgan, LLC to pay CRTS fees in the amount of $1, representing unpaid tonnage fees for the time period March 1, 218 through June 3, 218, as shown in Exhibit B in the Technical Staff memorandum pursuant to W.Va. Code $17C-17A-3(b)(5); and assess costs of the Commission proceedings pursuant to W.Va. Code 5 17C-17A-9 and Coal Rule 5.8.d. PROCEDURAL HISTORY On July 2, 2 18, the Public Service Cornmission of West Virginia (Commission) opened up a show cause and general investigation proceeding naming Tyler Morgan, LLC as the Respondent. Tyler Morgan, LLC is listed as a shipper of coal under the Commission s Coal Resource Transportation System (CRTS) records. Show Cause: The Commission issued nine (9) final orders concluding that Tyler Morgan, LLC committed violations of the CRTS statutes for exceeding lawful maximum weight limits for coal shipments. Tyler Morgan, LLC owes a total of $5,378.8 in penalties, which are due and payable. By its order of July 2, 218, Tyler Morgan LLC was ordered to show cause why the Commission should not enforce the penalties imposed by its final orders in circuit court and assess court costs and fees pursuant to W.Va. Code $4 17C- 17A-6, 17C- 17A-9 and Coal Rule 5.8.d.

3 Case No C-GI October 5,21 8 Page 2 General Investigation: Tyler Morgan, LLC did not remit monthly tonnage fees as required by W.Va. Code 17C- 17A-3(b)(5) and Coal Rule 3.18 for shipments exceeding 88, pounds during the time period March 1, 2 18 to June 3, The Commission determined that a general investigation into Tyler Morgan, LLC s failure to comply with the statutory and regulatory requirements was necessary. On July 3, 218, the Commission entered an Order imposing violations and administrative sanctions in the amount of $325.8, which order became final on August 9,218. On August 2, 2 18, Staff served data requests on Tyler Morgan, LLC. Responses to the data requests were filed on August 17, On August 24, 2 18, Staff filed its Initial Joint Staff Memorandum. Transportation Division Final Recommendations On October 3, 2 18, Greg Birurakis, CRTS Supervisor I1 with the Transportation Division, filed his Internal Staff Memorandum. Mr. Birurakis provided a list of Notices of Violation with administrative sanctions that are due and payable by Tyler Morgan, LLC, totaling $5,74.6, which list is more particularly described as Exhibit A. Mr. Birurakis noted that Tyler Morgan, LLC responded to the Staff data requests. He provided a summary of the CRTS tonnage fees due and owing by Tyler Morgan, LLC, totaling $1,772.95, for the time period January 1, 218 through June 3, 218, based on the documentation submitted by Tyler Morgan, LLC in its responses to the Staff data requests, as shown on Exhibit B. Legal Division Final Recommendations Legal Staff agrees with the determinations made by Technical Staff regarding the calculation of the CRTS tonnage fees, totaling $1,772.95, noting that Tyler Morgan, LLC provided docuinentation supporting the calculations in response to a data request. The Commission s docket of COAL Notice of Violations support the total administrative sanctions that are due and owing by Tyler Morgan, LLC, in the amount of $5,74.6. Legal Staff recommends that the Commission seek enforcement of the administrative sanctions totaling $5,74.6 entered in the cases listed in Exhibit A attached to the Technical Staff memorandum in a circuit court with proper venue; require Tyler Morgan, LLC to pay CRTS tonnage fees in the amount of $1, for the time

4 Case No C-GI October 5, Page 3 period March 1, 218 through June 3, 218, as shown in Exhibit B in the Technical Staff memorandum pursuant to W.Va. Code 17C-17A-3(b)(5); and assess costs of the Commission proceedings pursuant to W.Va. Code 5 17C- 17A-9 and Coal Rule 5.8.d. LSB/bg Attachment 18\18- I OSO-C-GI\Final.doc

5 INTERNAL MEMORANDUM TO: FROM: LINDA BOUVE-PTE STAFF ATTORNEY GREG BIRURAKIS & CRTS SUPERVISOR DATE: OCTOBER 3,21 8 RE: CASE NO C-GI TYLER MORGAN, LLC In regard to the captioned case, Staff reports as follows: 1. No response has been filed by Tyler Morgan, LLC to the Commission s Order dated July 2, 218 to show cause why the Commission should not proceed with enforcement of its final Orders and assess Tyler Morgan, LLC with costs or fees. 2. Responses were filed by Tyler Morgan, LLC to the First Set of Interrogatories and Data Requests filed by Staff of the Public Service Commission of West Virginia. 3. The following Notices of Violation (NOVs) remain unpaid: Issued Date 9/14/216 9/28/216 1/12/16 3/27/17 4/11/17 4/25/17 Case Site Violation # Fine Order No. Trans Final 16- Four Mile Overweight 2 1,9. 11/3/ Fork #2 16- Four Mile Overweight /9/ Fork #2 16- Four Mile Overweight /11/ Fork #2 17- Four Mile Overweight /5/2 I Fork #2 17- Four Mile Overweight 26 1,478. 5/21/ Fork #2 17- Four Mile Overweight /25/ Fork #2

6 Four Mile Overweight Fork #2 11/22/ Four Mile Overweight Fork # Four Mile Overweight I Fork #2 I Total 48 $5,378.8 One (1) additional Notice of Violation was issued subsequent to the filing of the Show Cause-General Investigation case and the Order is now final. Issued Date 6/22/18 Case Site Violation # Trans Fine Order No. Final 18- Four Overweight Mile Fork #2 With the addition of this case, the total of unpaid Notices of Violation is $5,74.6. No request for hearing was filed in regard to the Notices of Violation issued and no appeal of the Final Orders was made Ton Fees. Monthly tonnage reports have not been filed by Tyler Morgan, LLC for the months of March 218 thru June 218, as required by 15 C.S.R Based on information submitted in Tyler Morgan s response to data requests, unpaid tonnage fees are calculated to be $1, for the period March 21 8 to June 3,218.

7 4/6/2181 t EXHIBIT A UNPAID NOTICES OF VIOLATION TYLER MORGAN, LLC _~ COAL4 PSCFORKN2 - I TYLER MORGAN, LLC 4/11/217 FOUR MILE FORK # 2 ~ PSCFORKN2 4/14/ $1,478 1 $1,478 OOIKanawha 1 5 / 1 4 5/21/2171 r- 4/25/217 FOUR MILE ~ FORK _ # 2 $ S36.2iKanawha I 6/5/217! 6/25/217] 8/4/217 FOUR MILE FORK # 2 I : i u L E R M ~ ~ L L C -- - t ~ 11/22/217 FOUR MILE FORK # PSCFORKN2 1 12/1/217 12/21/ _... /PSCFORKN2 ~ 2 Overweight, I 1 2iOveweight, 4/26/218] 4 1 Overweight; I 4-- I 5n 6/22/218 FOUR MILE FORK # PSCFORKN2 1 6/27/ /17/218/ 2prweight; $3.8i- $3.8/Kanawha 1 1/3/2181 2/2/218/ I I

8 EXHIBIT B c 3 p I 24, $1,218.63' P ,841 5 $13, ,91.61 $23,595.9 qp, J 24. 5l 2qp 2'7

9 TYLER MORGAN TOTALS I l.lrn.ss8 12, ,84,46 FOUR MILE PAINT CREEK JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TYLER MORGAN YTD TOTALS TONS MOISTURE 13, , , d ,242.38tY ,98.12J , , , ASH SULFUR I.72 BTU MOISTURE 11,721 I * &?! , , , , , , T 11,48 & 3 I ~ ASH SULFUR BTU

10 Fork No. 2 Mine January July 218 Receivers PSC Site ID Count Parent Co. LO COALBURG CORPORATION LO RIVER POINT LLC LO81 3 LAW RIVER COMPANY, LLC. LO KANAWHA RIVER TERMINALS, INC. Total 18,558 Total Tons Attached Monthly load count and estimated tonnage fees Analysis Attached Combined Total $1, Truckina ComDanies: Unable to determine if additional companies may have been paid throuqh subcontractor DUSTER TRUCKING COMPANY LLC TCB INC CLAY TRUCKING INC DEBRICH LLC GERALD FIELDS TRUCKING CO INC AMALGAMATED LOG ISTICS, I NC

11 Fork No. 2 Mine January i 215- July 218 Receivers PSC Site ID Count Parent Co. LOO COALBURG CORPORATION LO RIVER POINT LLC LO81 3 LAW RIVER COMPANY, LLC. LO KANAWHA RIVER TERMINALS, INC. Total 18,558 Total Tons Attached Monthly load count and estimated tonnage fees Analysis Attached Truckina Companies: Unable to determine if additional comoanies may have been Paid throush subcontractor DUSTER TRUCKING COMPANY LLC TCB INC CLAY TRUCKING INC DEBRICH LLC GERALD FIELDS TRUCKING CO INC AMALGAMATED LOGISTICS, INC

12 TYLER MORGAN TOTALS FOUR MILE PAINT CREEK Production JANUARY 13,63.2 FEBRUARY 1, MARCH APRIL 8, MAY 9,98.12 JUNE 4,97.32 JULY 2,63 37 TYLER MORGAN YTD TOTALS 59, Tylor Morgan, LLC Case No C-GI Site ID: PSCFORKNOZ MOISTURE ASH SULFUR BTU Tons Trucked 13, , , , , , per ton $ $ $521.I 1 $ $ $ ,63.37 $ , $2, Payments Made Balance Due $1,772.95