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PA Bulletin, Doc. No. 02-2035


Tentative Order

[32 Pa.B. 5604]

Public Meeting held
October 24, 2002

Commissioners Present:  Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick, statement concurring and dissenting in part follows; Kim Pizzingrilli

Application of Pennsylvania-American Water Company for approval of the right to begin to offer, render, furnish or supply water service to the public in a portion of Earl Township, Berks County, PA; Doc. No. A-212285F0106

Tentative Order

By the Commission:

   By this Application filed on August 5, 2002, Pennsylvania-American Water Company (Applicant), 800 West Hersheypark Drive, Hershey, PA 17033, seeks a Certificate of Public Convenience pursuant to section 1102(a)(1)(i) of the Public Utility Code, 66 Pa.C.S. § 1102(a)(1)(i), evidencing Commission approval of the right to begin to offer, render, furnish or supply water service to the public in a portion of Earl Township, Berks County, as shown on a map filed with the Application.

   The Applicant submitted proofs of service and publication; the Application was served on the appropriate township and county officials and their planning commissions. The Commission received no protests within the protest period. No hearing was held and no motions or petitions have been filed in this proceeding.

   The Applicant is a regulated public utility company, duly organized and existing under the laws of the Commonwealth of Pennsylvania and is engaged in the business of supplying and distributing water and treating wastewater. Water service is furnished to the public in a service territory encompassing portions of 35 counties in this Commonwealth. The Applicant provided water service to approximately 606,172 customers as of May 31, 2002. A description of the Applicant's certificated water service territory was provided in the Application.

   The nature and character of the service to be provided, through this Application, is to furnish public water service. The location of the proposed service territory is in a portion of Earl Township, Berks County. The tract of land is located along the common corporate boundary line between Earl and Amity Townships on the south side of Boyertown Pike. The southern boundary borders Applicant's existing service area in Amity Township. The Applicant is certificated to serve in Amity Township under Docket No. A-212285F0074 and has an extensive distribution system adjacent to the proposed service territory.

   The proposed service territory will include five residential customers in a subdivision known as the Woods Edge Development. On July 11, 2001, the Earl Township Board of Supervisors agreed to extend to the Citizens Utilities Water Company (Citizens), the predecessor to Applicant, the authority to provide water service to the proposed service area. Earl Township Board of Supervisors, Applicant and the developer agreed to delay the project until Applicant's acquisition of Citizens was finalized. Closing on Applicant's acquisition of Citizens occurred on January 15, 2002, at Docket No. A-212285 F0074. Amity Township Sewer Authority will provide wastewater service within the proposed service territory.

   To service the proposed territory, the Applicant will install a main extension that includes approximately 750 feet of 8 inch main and related appurtenances. No additional capital will be required by Applicant for the purpose of financing the matters involved with this Application. All main extensions will be completed under Applicant's tariff rules regarding main extensions. A Water Facilities Line Extension Agreement regarding the installation of said main extension was executed on June 4, 2001.

   The Applicant will apply the rules, regulations and schedule of rates contained in Rate Zone 1 of its Tariff, in the service territory. A typical residential customer, using 60,000 gallons of water per year, would experience a bill of $36.89 per month or $442.68 annually.

   The Department of Environmental Protection was contacted regarding this Application and has reported there are no pending actions or outstanding complaints with the Applicant. The Applicant is current with all regulatory assessments and reports.

   No other corporation, partnership or individual is now furnishing water service to the public in the area involved in this Application.

   Upon full consideration of all matters of record, we find that approval of this Application is necessary and proper for the service, accommodation, and convenience of the public. For these reasons, we tentatively conclude that approval of the Application is in the public interest; Therefore,

It Is Ordered That:

   1.  The Application of Pennsylvania-American Water Company, at Docket No. A-212285F0106, is hereby tentatively approved as in the public interest.

   2.  A copy of this Tentative Order be published in the Pennsylvania Bulletin giving the public 10 days from the date of publication to file written comments or request oral hearing.

   3.  Absent the filing of adverse public comment or request for oral hearing within 10 days from the date of publication pursuant to Ordering Paragraph No. 2, this Tentative Order shall become final without further Order of the Commission.

   4.  Upon this Tentative Order becoming final, pursuant to the provision of Ordering Paragraph No. 3, the Secretary shall, pursuant to section 1102(a)(1)(i), issue to Pennsylvania-American Water Company a Certificate of Public Convenience authorizing Pennsylvania-American Water Company to begin to offer, render, furnish or supply water service to the public in a portion of Earl Township, Berks County, as shown on a map filed with the Application.

   5.  Nothing herein shall be construed to exempt the Pennsylvania-American Water Company from obtaining all necessary permits and approvals from other state, Federal and local government agencies having jurisdiction.

   6.  Failure to comply with the above conditions may result in the imposition of fines and/or other appropriate action.

   7.  A copy of this Tentative Order be served, by the Commission Secretary's Bureau, on the Office of Trial Staff.

   8.  All records with respect to Pennsylvania-American Water Company, docketed at A-212285F0106, be marked closed by the Commission Secretary's Bureau, following completion of Ordering Paragraph No. 4.


[Pa.B. Doc. No. 02-2035. Filed for public inspection November 8, 2002, 9:00 a.m.]

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