Docket UW32304
Order UW95-1

IN THE MATTER of the establishment of an interim Tariff for water services provided in the Darrach and Oakland Estates Subdivisions by the East Royalty Sewer and Water Utility Corporation.

BEFORE THE COMMISSION

on Tuesday, the 14th day of March, 1995.

Linda Webber, Chair
John L. Blakney, Vice-Chair
Anne McPhee, Commissioner


Order


WHEREAS by Permit No. UW94/53 approved on September 1, 1994, The Island Regulatory and Appeals Commission (the "Commission") authorized the acquisition by the East Royalty Sewer and Water Utility Corporation ("East Royalty") of the utility assets of Aqua Resources Inc. Water Utility, which provides service to residents in the Darrach and Oakland Estates Subdivisions in the Community of East Royalty;

AND WHEREAS the operation of the water system in the Darrach and Oakland Estates Subdivisions has, effective on October 1, 1994, been transferred to East Royalty;

AND WHEREAS by letter dated March 9, 1995, East Royalty seeks the approval of the Commission to retain the same schedule of rates and charges established for the former Aqua Resources Inc. Water Utility;

AND WHEREAS East Royalty requests the implementation of the annual schedule of rates and charges be effective October 1, 1994;

AND UPON it appearing to the Commission that the proposal of East Royalty is not unreasonable or unjustly discriminatory;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Water and Sewerage Act;

IT IS ORDERED THAT

1. Interim approval is granted to the East Royalty Sewer and Water Utility Corporation for implementation of the Water Tariff appended to, and forming part of, this Order;

2. The said Water Tariff is approved and declared effective on October 1, 1994 and shall remain in effect until otherwise ordered by the Commission;

3. The Tariff for Aqua Resources Inc. approved by the Commission under Order W91-14 is revoked effective October 1, 1994; and

4. The current Municipal Water and Sewerage Utilities General Rules and Regulations shall be implemented by the Utility.

DATED at Charlottetown, Prince Edward Island, this 14th day of March, 1995.

BY THE COMMISSION:

Linda Webber, Chair

John L. Blakney, Vice-Chair

Anne McPhee, 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.


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