Docket UW02302
Order UW94-2IN THE MATTER of an application of the Summerside Sewer Utility for approval to abandon or remove from its Tariff all rates for water services and approval of an amendment to Part 6 of the Sanitary Sewerage Utilities General Rules and Regulations.
BEFORE THE COMMISSION
on Thursday, the 6th day of January, 1994.
Linda Webber, Chair
John L. Blakney, Vice-Chair
Order
UPON the application of the Summerside Sewer Utility (the "Applicant") for an order of the Commission:
1. approving the abandonment or removal from the Applicant's Tariff all rates for water services; and
2. 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 Applicant's service area.
AND UPON the Commission being apprised of the creation of the Summerside Area Water Commission for the purpose of continuing the provision of water services to the Applicant's former customers and having authorized, under Order UW94-1, a Tariff for the provision of these services;
AND UPON it appearing to the Commission that circumstances warrant a variance with respect to the requirements of Part 6 of the said Rules and Regulations for the twelve-month period January 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 twelve-month period;
NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Water and Sewerage Act
IT IS ORDERED THAT
1. The existing Tariff of the Summerside Water and Sewer Utility is revoked and the Tariff appended to, and forming part of, this Order, is substituted therefor, effective January 1, 1994;
2. Section 6.1 of the Prince Edward Island Municipal Sewerage Utilities General Rules and Regulations as applied in the Town of Summerside 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 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.
3. The provisions of paragraph 2 of this Order expire on December 31, 1994.
DATED at Charlottetown, Prince Edward Island, this 6th day of January, 1994.
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, recind 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.
