Order UW03-02 - UW46306 - Cavendish Sewer Utility - Service Area and Capital Contribution Charge (July 7/03)

Docket: UW46306
Order: UW03-02

IN THE MATTER of an application by the Cavendish Sewer Utility to increase its non-recurring capital contribution charge and to update its service area plan.

BEFORE THE COMMISSION

on Monday, the 7th day of July, 2003.

Maurice Rodgerson, Vice-Chair
Weston Rose, Commissioner

Order

WHEREAS the Cavendish Sewer Utility (the "Applicant" or "Utility"), by application filed on May 8, as amended on June 6, 2003, applied to the Commission for approval of the following changes:

1)   an amendment to Commission Order UW99-01 to update the plan of serviced areas in the Community; and

2)   an increase in the non-recurring capital contribution charge, established under Commission Order UW93-11, from $4.00 to $5.00 per lineal foot based on a minimum frontage of 100 lineal feet to each property fronting on a Utility sanitary sewerage main.

AND WHEREAS the Commission has reviewed and considered the Utility's requests;

AND WHEREAS it appears to the Commission that the proposed change to the serviced area plan is warranted;

AND WHEREAS it also appears to the Commission that the request to increase the non-recurring capital contribution charge is necessary;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Water and Sewerage Act;

IT IS ORDERED THAT

1.  Orders UW93-11 and UW99-01 are revoked;

2.  Section 6.1 of the Prince Edward Island Municipal Sewerage Utilities General Rules and Regulations as applied by the Utility is hereby modified to permit the Utility to charge a non-recurring capital contribution charge of $5.00 per lineal foot based on a minimum frontage of 100 lineal feet to each property fronting on a Utility sanitary sewerage main in accordance with the plan attached to this order;

3. Non-recurring capital frontage charges approved herein do not apply to customers previously billed under Commission Orders UW93-11 and UW99-01;

4.   All other aspects of Part 6.0 of the said Rules and Regulations are unaffected by this Order; and

5.  The provisions of this Order shall remain in effect until otherwise ordered by the Commission.

DATED at Charlottetown, Prince Edward Island, this 7th day of July, 2003.

BY THE COMMISSION:

Maurice Rodgerson, Vice-Chair
Weston Rose, Commissioner

NOTICE

Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:

12. The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it.

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.

Sections 13.(1) and 13(2) of the Act provide as follows:

13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.

(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.