HomeMy WebLinkAbout1992-09-14 92-430 ORDERxll Action
FDepzrt7ment7;
ate 9-14-92 Item No. 92-430
thmse
ect: Di Ict RDm 39t t BM1alflo tM1e ty of�Hasgox
llreVVDepartment:
l xacantly passed a Resilvewater Dias i . Ps a oesult�t�peeoly tithe[ corsrnebeen malssl ewcevsing the Late hike, Cnaci aesistasre in Use pmEusation of a penile Uut wwsld ultimately
ith the AC abl that would malt, if enough aigratuxes were
ssw.ed, in an by the P02 into the rate Mlle request Of the
Bangor Isatei Dlatr . She )Yeolve, ho evesr, did seX auth rtze the Cfty
marc hex to Signs the petition on Dehalf of the aty of Rodger as a cwudanesr of
the water Mstrict. mhis 0 disc w direct t a City Meager to Sign the
petftiors on behalf of the Cfty of Rungs as a custruer of the later
Uintrict. 11ds would give the City stabling in any PLC Hearing oz
immctigartian that foll.wsi. 'Ale sigugfdaa of the City Manaygo would also
allwv the City of Banpr to tale the leaf in Suhmttting the pant iw to the
A1C for its oxaidecaitwa, e®oethdng the PUC has Lndicated to City arta££ that
they enwrage.
4
fxpo.n ,n uo.e W
Manager i Comments:
qs��GG tteeJJ rrdd����,,nn�������� ity Mnnngv
Parti �a..m l&UW 20 of ldal� of PLC, 35—A M.R.S.A. S 6104
C 4a-3vl
Budget Approval:
Legal Approval: -
Ci,Y Sonoimr
Inked For
Passage
❑First Reading Page _of_
❑ Referral
92_430
Abwped to 0omuiloo sianenettc. 9epteubev 14, 1992
CITY OF BANGOR
Ditecong the city Bma9er m Bign I Ban3or
DSBh'!ct Aare B Aetitim m Belalf of the City of Benpr.
By L1h Cww of MY of Ba .
TEAT B3.ea1 Beaett, in his capacity as City yanagex, is hereby
dix Tsl to sig fm the City of Ban<pr, a docunmt attitlsl ••Bangor Water
Diatrin nate B;m %titin•• currently beiW cltcalated pissumt to 36 A
M.A.S.A. g 6100.(7) m behalf of custarera of the Bm Water District, mid
W i such other actiam as eny be nseesaey to repoeont the City of
Bangor's intexrata Water Dtatrict in m t iiy
m other pm®edv omdxtsi by the 19fre Public polities Cam�iaain
lw>euant w said Petition.
92-430
IN CITY COUNCIL O R D E R
Hepta er 1 1992
Pas Title,
(CilluCLERK Directing the City manager to Sign „
......................................
the Bangor Water District Rate
.Nike Petition on Behalf of the City of Hoofer
.....�.... �. �................ �... . . ,...'.,/./.... .
to
..... Y. Avipi[dl Ot^".. .......
Councilmen
Sepfaoter 24, 1992
at: ansa MCR®me
Pma: care Pwsi,.a
I+e: Comitil Ocdec 92-430 - eari9ox vatec Oietxic[ Pate Snccease -
Petition
AttacFied please flan a ro of a �f = xecetvai f the POC relative w
t Petit fonraxded w W xegaxd n C U Oadet 92430. Please
file tte affected wiw tt Wimcll Oitlet.
dlwnk yoa.
SEP 2A, Z
i
MY, 6tlkrSGF%'S 6FFICE
STATE OF WAINE ` Docket No. 92202
PUBLIC UTILITIES CONNISSION
September 22, 1992
Bangor Water District SUSPENSION ORDER
Re: Proposed Increase in Rates
(S 6104)
GORDON, Chairman; NUGENT and PAINE, Commissioners
Bangor Water District filed with this Commission on
September 18, 1992, to become effective November 1, 1992, changes
to its schedule(s) Page 1, Original, Second Draft; Page 2,
Original, Second Draft; Page 3, Original, Second Draft; Page 4,
Original; Page 5, Original, Second Drat) proposing an increase
in rates of approximately 26.9k to its customers. The Bangor
Water District, called the company, filed this proposed increase
with the Commission pursuant to 35-A N.R.S.A. SS 107 and 6104.
The Commission received appetition bearing 1509 signatures on
September 16, 1992, 72 signatures on September 17, 1992, and 12
signatures on September 18, 1992, which exceeds the required
1,000 customer signatures. Accordingly, pursuant to S 6104(7)
and (8), the rates are subject to the Commission's authority to
investigate and suspend pending investigation under S 310.
Because sufficient time does not exist prior to the
effective date of the proposed schedule(s) to allow the
Commission adequate time in which to fully investigate this
matter, the operation of the proposed schedule(s) is suspended
pursuant to 35-A W.R.S.A. 5 310 and S 6104(7), for a period of
nine months from the filed date, September 18, 1992, unless
otherwise ordered.
As provided in S 6104(9), the Bangor Water District has
10 days from receipt of this Order to notify the Commission
whether it intends to contest any aspect of the validity of the
petitions, including whether the number of signatures is
sufficient and whether the signature a customers," after which
it shall lose that right. If the Bangor Water District Contests
the petitions and the Commission finds the petitions to be
invalid, the suspension order will be lifted and the schedule(s)
allowed to go into effect. If the Bangor Water District does not
_contest the petition or if its contest fails, the notice
requirements of Chapter 110, Section 712 and filing requirements
of Chapter 120(5) of the Commission's Rules may be applicable.
An attested copy of this order shall be sent by regular mail
to Stanley S. Miller, Treasurer, Bangor Water District, P.O. Box
804, Bangor, ME 04402-0804; P. Andrew Hamilton, Attorney for
Bangor Water District, Eaton, Peabody, Bradford S Veague, P.O.
Box 1210, Bangor, ME 04402-1210) and Marshall M. Frankel, City
Councilor, City of Bangor, 73 Harlow Street,Bangor, ME 04401.
Dated at Augusta, Maine, this 22nd day of September, 1992
BY ORDER OF THE COMMISSION
_Charles A. Jacob
Charles A. Jacobs
s
Administrative Director
A trge copy,/ 6! U_ /
Attest: C/"�"' � 1 /
Charles A. J cobs
Administrative Director
CITYof r' � ff
n a" n
MAINE a
Y C73 MAN LOW STREET
SANGOa, MAINE
:TYCOVNMWILLIAM C1111,. C^Von +sL.amnasaw
PATRICIA A, IN-ANCRIETTE
MARSHALL M. PRANNEU
W. TOM SAWYER
JAHCWZAXL
sa �
SeptmL_r I5, 1992
d IQMII Jacobs
Public tltiiitias Cr®isaiDo
242 Stat¢ S[.iO4C Augusta, ME 04333 '
RE: Nates District %te Hilm PXitfni ��
Daar ns. Saw!
Petitioalwadf fi = Plain f the %� Watrs DiatriCt Pate MEE
regaffiLng tLe pas i am of tte %ngs Narer DiatrSct.
9vs P=Gitim wrtaLlS aver Doll � (1,000) aignabsee of cust®ets of
the %n9 z' Water DleCdct as xsi¢ixed bi 35 A HItV. 56104(7).
_ By cc i of this letter, a cagilete Dopy of tYe Patin... Las o,00
mqui by 35 A A 56104(]). PZtaul ase tal2f diatevei F a e rEacict, as
vLLt<xe tLe Public Ut:t: f.a:•.,. axe rem�sar w
zaluest by tLe pups Wa[er Diat�ct. s i:rveet{9atia: of tht rate hili
lfiank
you ani oaa; A t . J
e
aAIIY piss,
—fl7a.�nP 1/P 7>7.
MarsF.tt x. Paull
my mom: i
rasry
Etcnlw-uses
cc- Fdcvazd A. %sett. City P'aria9er (w/o W
6 lgtitiD
Sanley J. H31er, 1Y asuxec• epa atet isCriR
PumsrK to 3534 nRS.A. 56104(7), c t weer'a YOd wstai¢st of t 9vgs'FYRa D'sC'iCt
(mec x ]geby chomps pxcp� h3r oisa'ct and x¢slath:lly �ertl tMt iha
sibli DG1lties tt� (H ) lar t pwa mt¢ caw . 4g LnYI� tle�d Hvt Tke 1[C
,�'_, sL� d, a hm the pOop l mlm as mrtlmimi by
laa. 4L= nel� tltls �mn3
tuause us hP1te. tint tic gq� z'at axe ....=.w.,phl= a i will wee an �e firmcial
hardship, n:.a+iy or irclftaTlY, c� Of 11¢ IXsCdcc:
SI Nailim hM�s Slxse°[ #kL PdrRal Nme
1.
2.
3.
4.
5.
6.-
7.
.].
B.
9.
10.
U.
n.'
13.
14.
ss.
ss.
1].
M.
n.
20.
M]x:hnet nen, in Of .® ,a,.m:et e4mvRe, mY ac zdrlt xaidu in a la�old
8o Ving HB R. is , ffid with mPxd to hy Ue OisGcicG,
a mx aze off' s iffit+e' a-' a . of �
U oeamss >NS Nazp mis awshxm of 56305(9).
92-430
§ J B 1 d, 5 7 B 2- 3 - 15 - Chapter 120 -
(iv) the customer's right to an open and fair hearing
addtofurther hearings before the Casmission;
(v) the availability of assistance Prom the Public
.
Advocate;and..
(vi) cine date, cine, place and purpose of the public
hearing.' -'
2. Supporting iiacerials. Aa. t least thirty (30) days 'before the public hearing on
the race filing, the utility susc file a copy of all
relevant materials supporting the rate filing with the
tishossion and the Public Aavocace. The materials must
include:
(f) the proposed annual revenue change;
(ii) - the proposed new rate sheers; and
(iii) any calculations. exhibits, matedents, or work
papers showing chat the proposed race filing will
produce the necessary revenues:
b. Ilse utility must sake a copy of all relevant material
supporting the race filing available for exaainscion by
customers at its offices for at least thirty (30) days
prior to the hearing.
C. The utility hoar promptly provide, upon request by a
customer, the Coavission, or the Public Advecace, any
infatuation or relevant additional uacerial which is
- readily available. 1-
3. Public Hearing. A cansomeo-cwned water utility filing races
-
under this section swat hold a public hearing prior to filing
the proposed races with the CGnndssion.
a. Purpose of Hearing. At the public hearing, the Public
advocate and any cuscrnar day cescifY, son say question
the officials of the utility regarding the proposed race
filing. The utility must answer questions, provide
suppoccing materials for inspection, add accept
scateaencs.
4 ] tl 3 b - c; 5 ] 3, 4 - 6 - 16 - Obapter 120
b. Information Required. At the cmuencemenc of the
hearing, the .utility mist inform Nose present chat the
race filing may be investigated by the Ccumission in
accordance with 35-A M:R.S.A.-5 6104.
e Sustary Required. 'lire utility man submit a sastery of
the public testing to the cdestission when filing its
proposed races. the sumary must saclude:
(f) a copy of the newspaper notice as published.
showing the dace of publication; and
fi
(ii) a mastery of the Cremona received at the public
heating and tie utility's responses to the issues
raised by the convents. If one utility changes
the proposed race tiling in response to cuscover
cements, the sumvary east include an explanation
of any such changes.
4. Filing
a. Time far Filing. Me utility must submit its race filing
to the C<eissioa own sooner than 10 days, and nod lacer
than 30 days, attar the public hearing.
. b. Form. Excepc as otherwise specified in cnis section, tne
Porn and concent of all schedules filed under this
section most amply with Section S of roil Rule.
C. Proposed Effective Dace. A cawucet-arced water utility
subaitcing a race filing under tnis section must include
a proposed effective date. lie procosed effective core
must be at least one month, but no lucre than nine
(9) months, facts the dace an which the Lamission
receives the filing.
5. Gutter[ion. Tie covmission, Amainiscracive Director or
Assistance Administrative Direcm[ may order the utility to
Cartoon any machaatiwl or clerical errors in one filing.
6. Petition far Investigation
a. Time for Petition. Any petition for l:namissial
investigation of x r -owned water uciliry race
filing under this section war be filed within thirty
(30) days of the public nearing.
1 4 ], B. 61 b - e - 17 - Chapter L20
`...
U. Number of Petitioners. Any petition for Ccanission
investigation of a consuver-awned water utility race
filing under this section cost he signed by either
fifteen percent (15L) of the utility's customers or by
one thousand (IM) custacers,'ubRTevec -is less. For
purposes of this section,"cuscdmei' means, in toe "as
of residential accounts, any one adult residing i
household where the utility's serviceis provided. and andin
the case of non-residential accounts, any one corporate
officer, partner, or proprietor. No one person my sign
a petition under this section on behalf of care than one
account, unless that person receives service at the
account.
C. Filing. any petition under this section oust be filed'
both with the Ce mission and with the treasurer of the
consmmer-arced water utility proposing the rare filing.
d. Suspension. Upon receiving a petition for investigation
of a comuner-wined water utility race filing, the
Commission stay suspend the filing. The Connission most
notify the cora mer-amee water Utility of the suspension.
e. Challenge by Utility.
(i) Deadline. A conaCmer-awnetl water utility nose
mcify the Comuission within ren (10) adys of
receiving notice of the suspension if it intents
to challenge any aspect of the validity of a
petition.
(ii) hearing. Within thirty (3U) days of a utility's
notice chat it intends to challenge the validity
of a petition, the C ission =at hold a puoiic
hearing oa the validity of the petition and issue
a decision on the validity of the petition.
(iii) Relief Exam Suspension. If the Ca nission finds a
petition to be invalid, it .asc Lift the
suspension of the rare filing. If a suspension is
lined uneer Chis section, the rates shall cake
effect on the original efteccive aeon, unless the
f mission orders a different etfective dare.
V B. A - B. 1
- - 18 - - Chanter 120
8. RLQUIRL'��N1'S FUR CONSIkER-W.MED BLECL1tIC UTILITY Mrf FILL S U DER
35-A-b-R.S.A.
S 3502
A. General Provisions.
1.
Purpose. 'Rue purpose of chis section is to describe the
requirenencs for the form, concent, and notice of -
_
consusrumetl electric utility rate filings pursuant cc _
35-A M.R.S.A. 5 3502. bathing in this section proniuics a
cancer -arced electric utility trop filing a general rate
case rather thenusing we procedure sec catch in this section.
2.
Applicability. This section is applicable to <oivsamr-wined
electric utilities, as defined in 35-A t1R.S.A. 9 3501. union
propose to change races by not more than 1544 of the utility's
annual operating revenues. This section does roc apply to any
fuel cost adjusmenc. 1
3.
Default Provision. Wmmver a filing under this section fails
an mostly with the requiaeuents of 35-A M.R.5.A. S 3502 or
this section, is say be suspended for investigation. If one
filing is so suspended. or is suSm Med upon a petition frau
utility custocers, the filing pay ascan a General race case
subject to the vequiresencs of section 5 of this Rnle and the
choice requicemente of Chapter 110, sections 6(e)M W and
(c) of the C nhissihn's Rules (65-401 C.h.h. Llu(b)(e)(1)(b)
and (c)), unless these provisions are waived upon a sharing of
good cause.
4._
Frequency of Filings. m consumer -owned electric ucili ty May
initiate a coca filing under chis section omich would increase
its annual operating revenues by Vere than me percent (L:)
afenin am year of the Care it ratified ics custom rs of ics
=so recent previous race filing under this section.
5.
Penalty for Non-Cthpliance. If blue (;:.mission races that a
topstoer-amed electric utility's race filing under this
section substantially violates the procedural vequirerenes sec
forth in this section, the Conmission spy prohibit the ucilicy
it= filing races pursuant to Chia section in its next race
rase.
d. Procedure.
1.
mcice. A consunet-aIDed eLeccric utility riling races under
this section rust provide the ratites described uelu.w
fa -5q
ppa o n cc;
CITY OF BANGOR
(TITLE. FesalUK,... (>P.Osing cne,wse r,r:eam. bY,rtyA-U.Pgor.....
DiatriCt - - ,
By the City Council o(t4e City of Barger:
RESOLVED,
1AISPEAS, the Is n Water D£atdcC is proposing a rate increase to
bervre effearive Ourcloar 1, 1992; and
wgggRg9, the posted rates represent an itcrasse of 26.98 overall atrl
an increase of 17.94% for the average OaSldaniial Custmer; and
glantE1S, the p oIrsal will alao i:ri ase the charge for Pylic fire
prof (tion 10. 7%, An imrease which will be Iyo3rAi m. to all
taxpayers in the City of Bapr/. aM
WIepods, in these difficult Quin titres, all aM
regularsO utilities ahnuld Take all necessary steps 00
elLrItata or hold to the abe0lute adrltIDan etry LoCOtAlAy in
rates or Wes; add
4affiughs, the cuuroat systmi of esteELehing rhe charge for publiC fire
proTaction is Inequitable since this Charge is rar shared by
W exa pt. prOpervyi
WCW, 'D 'OED, BE IT RRgClDVgD hereby opposeBy
m irrreaae proposed 1:y the B&tygor Wares
District std call upm che Truatees aM mviagerent of the
District to talo all naeesary steps to zaiuce or eliminate
ties Lcxcase and To bring .bast the charges required ro tore
fairly end equitably assess charges for public fixe Protection.
IN CIn COUNCIL
August 10, 1992
Passed
/
A�True Copy Attest
ije-) d•aIC .+.
CITY CLERK