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Docket UW03302
Order UW94-16
IN THE MATTER of
an application
of the Kensington Water and Pollution Control Corporation dated July 22, 1994 for approval
of an amendment to Part 6 of the Municipal Water and Sewerage Utilities General Rules and
Regulations.
BEFORE THE COMMISSION
on Friday, the 19th day of August, 1994.
Linda Webber, Chair
Deborah MacLellan, Commissioner
Michael Ryan, Commissioner
Order
UPON the
application of the Kensington Water and Pollution Control Corporation (the
"Applicant" or "Utility") for an order of the Commission varying Part
6 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 100% of the cost of any sewer
main extension within the Town of Kensington;
AND UPON reading and considering a letter dated July 22, 1994
from Barry Campbell, Chairman of the Utility and D.H. Doncaster, Mayor of Kensington;
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 September 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 Water and Sewerage Utilities General Rules and Regulations as applied in
the Town of Kensington 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 31,
1994.
DATED at
Charlottetown, Prince Edward Island, this 19th day of August, 1994.
BY THE COMMISSION:
Linda Webber, Chair
Deborah MacLellan, Commissioner
Michael Ryan, 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.