Docket UW27304
Order UW93-14
IN THE MATTER of an application
of the West Royalty Sewer and Water Utility for:
1. Interim Approval of a Water Tariff; and
2. Approval of a temporary exemption under Section 5.23 of the Prince Edward Island
Municipal Water & Sewerage Utilities General Rules and Regulations.
BEFORE THE COMMISSION
on Tuesday, the 31st day of August, 1993.
John L. Blakney, Vice-Chair
Deborah MacLellan, Commissioner
Myrtle Jenkins-Smith, Commissioner
Order
UPON the
application of the West Royalty Sewer and Water Utility (the "Utility") for:
1. interim approval of a Tariff for water services; and
2. approval of a temporary exemption under Section 5.23 of
the Prince Edward Island Municipal Water and Sewerage Utilities General Rules and
Regulations so that water customers in West Royalty receiving water service from
other utilities can continue to pay water rates to the utilities providing the service at
rates prescribed for those utilities;
AND UPON reading
and considering the Utility's application in this matter filed herein on July 6, 1993;
AND UPON it
appearing to the Commission that the proposed interim rates are necessary and equitable;
AND UPON it
further appearing to the Commission that a temporary exemption of the provisions of
Section 5.23 of the Prince Edward Island Municipal Water and Sewerage Utilities
General Rules and Regulations is warranted;
NOW THEREFORE,
pursuant to the Island Regulatory and Appeals Commission Act and the
Water
and Sewerage Act;
IT IS ORDERED THAT
1. Interim approval is hereby granted for the
implementation of the Water Tariff appended to, and forming part of, this order;
2. The appended Tariff is declared effective on January
1, 1993 and shall remain in effect until otherwise ordered by the Commission;
3. The West Royalty Sewer and Water Utility shall file
with the Commission, by April 1, 1995, an application for confirmation of the interim
Tariff approved herein;
4. Section 5.23 of Prince Edward Island Municipal
Water and Sewerage Utilities General Rules and Regulations is hereby declared
not to apply to water utility customers located within the municipal boundaries of the
Community of West Royalty; and
5. The provisions of paragraph 4 of this order are
temporary and shall be reviewed on or before April 1, 1995.
DATED at
Charlottetown, Prince Edward Island, this 31st day of August, 1993.
BY THE COMMISSION:
John L. Blakney, Vice-Chair
Deborah MacLellan, Commissioner
Myrtle Jenkins-Smith, 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.