Docket UW20305
Order UW94-13IN THE MATTER of an application of the Bunbury-Southport Pollution Control Commission dated June 29, 1994 for approval of an amendment to Part 6 of the Municipal Sewerage Utilities General Rules and Regulations, an application of the Bunbury-Southport Pollution Control Commission dated June 29, 1994 for approval of an amendment to Part 6 of the Municipal Sewerage Utilities General Rules and Regulations.
BEFORE THE COMMISSION
on Friday, the 5th day of August, 1994.
John L. Blakney, Vice-Chair
James Nicholson, Commissioner
Order
UPON an application of the Bunbury-Southport Pollution Control Commission (the "Applicant" or "Utility") for an order of the Commission varying Part 6 of the Prince Edward Island Municipal Sewerage Utilities General Rules and Regulations to permit the Utility to charge property owners or customers 100% of the cost of any sewer main extension within the Communities of Bunbury and Southport;
AND UPON reading and considering a letter dated June 29, 1994 from Judith A. Murnaghan, Chairperson of the Utility;
AND UPON it appearing to the Commission that circumstances warrant a variance with respect to the requirements of the said Rules and Regulations for the period August 1, 1994 to December 31, 1994;
AND UPON it further appearing to the Commission that the said Rules and Regulations should be reviewed prior to the expiry of the said period;
NOW THEREFORE, pursuant to the Water and Sewerage Act;
IT IS ORDERED THAT
1. Section 6.1 of the Prince Edward Island Municipal Sewerage Utilities General Rules and Regulations as applied in the Communities of Bunbury and Southport 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:
In the case of sewerage service, 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 31, 1994.
DATED at Charlottetown, Prince Edward Island, this 55thth day of August, 1994.
BY THE COMMISSION:
John L. Blakney, Vice-Chair
James Nicholson, 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.
