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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