Order UW94-06 - UW45101 - Winsloe - Amendment to Part 6 of the Rules & Regulations (Mar 31, 1994)

Docket UW45101
Order UW94-6

IN THE MATTER of an application of the Community of Winsloe Sewer Utility dated March 8, 1994 for approval of an amendment to Part 6 of the Municipal Sewerage Utilities General Rules and Regulations.

BEFORE THE COMMISSION

on Thursday, the 31st day of March, 1994.

Linda Webber, Chair
Clayton Bulpitt, Commissioner

Order

UPON the application of the Community of Winsloe Sewer Utility (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 Community of Winsloe;

AND UPON reading and considering a letter dated March 8, 1994 from Betty Pryor, Administrator 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 ten-month period March 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 ten-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 Sewerage Utilities General Rules and Regulations as applied in the Community of Winsloe 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,

· 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 are effective from March 1, 1994 through to December 31, 1994.

DATED at Charlottetown, Prince Edward Island, this 31st day of March, 1994.

BY THE COMMISSION:

Linda Webber, Chair

Clayton Bulpitt, 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.