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.


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