Docket UW10101
Order UW93-16IN THE MATTER of an application of the St. Eleanors Water and Pollution Control Corporation dated November 10, 1993.
BEFORE THE COMMISSION
on Thursday, the 2nd day of December, 1993.
Linda Webber, Chair
John L. Blakney, Vice-Chair
Order
UPON the application of the St. Eleanors Water and Pollution Control Corporation (the "Applicant" or "Utility") for an order of the Commission varying Part 6.0 of the Prince Edward Island Municipal Water and Sewerage Utilities General Rules and Regulations to permit the Utility to charge property owners or customers 100% of the cost of any water main extension, including fire protection, and any sewer main extension within the Community of St. Eleanors;
AND UPON reading and considering a letter dated November 10, 1993 from Emmett Kelly, Chairman of the Community of St. Eleanors;
AND UPON it appearing to the Commission that circumstances warrant a variance with respect to the requirements of the said Rules and Regulations for a twelve-month period commencing the date of this order;
AND UPON it further appearing to the Commission that the said Rules and Regulations should be reviewed prior to the expiry of the said twelve-month period;
NOW THEREFORE, pursuant to the Water and Sewerage Act;
IT IS ORDERED THAT
1. Section 6.1 of the Prince Edward Island Municipal Water and Sewerage Utilities General Rules and Regulations as applied in the Community of St. Eleanors is revoked and the following substituted therefor:
6.1 Customer Contributions
Unless otherwise ordered by the Commission, property owners or customers shall, in cases where service is not available, contribute towards the cost of extending mains, including service laterals to the property line, on the following basis:
(i) In the case of water service,
· in areas sub-divided and developed: ninety percent (90%) of the total cost with the fire protection and sprinkler system components having first been subtracted; and
· in areas not sub-divided or developed: one hundred percent (100%) of the total cost.
(ii) In the case of sewerage service,
· in areas sub-divided and developed: ninety percent (90%) of the total cost; and
· in areas not sub-divided or developed: one hundred percent (100%) of the total cost.
Such contributions shall, in cases of developed, unserviced land, be based on a property owner's lot frontage in relation to the total frontage of the service extension.
2. The provisions of this order expire on December 2, 1994.
DATED at Charlottetown, Prince Edward Island, this 2nd day of December, 1993.
BY THE COMMISSION:
Linda Webber, Chair
John L. Blakney, Vice-Chair
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.
