BEFORE THE

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Application of Aqua Pennsylvania Wastewater, Inc. :

Pursuant to Sections 1102 and 1329 of the Public :

Utility Code for Approval of its Acquisition of the : A-2016-2580061

Wastewater System Assets of New Garden :

Township :

ORDER ON MOTION OF THE

BUREAU OF INVESTIGATION AND ENFORCEMENT

TO DISMISS THE OBJECTIONS OF

AQUA PENNSYLVANIA WASTEWATER, INC.

TO I&E INTERROGATORIES

I&E-1 THROUGH I&E-39

On December 15, 2016, Aqua Pennsylvania Wastewater, Inc. (Aqua), filed an application with the Pennsylvania Public Utility Commission (Commission) by which it is seeking approval of: (1) the acquisition, by Aqua, of the wastewater system assets of New Garden Township and the New Garden Township Sewer Authority, (2) the right of Aqua to begin to offer, render, furnish or supply wastewater service to the public in portions of New Garden and Kennett Townships, Chester County, Pennsylvania, and (3) an order approving the acquisition that includes the ratemaking rate base of the New Garden wastewater system assets pursuant to Section 1329(c)(2) of the Pennsylvania Public Utility Code. Receipt of the completed application was acknowledged by the Commission by Secretarial Letter dated December 30, 2016.

On or about January 5, 2017, the Commission’s Bureau of Investigation and Enforcement (I&E) propounded interrogatories labeled I&E-1 through I&E-39 on Aqua. On or about January 10, 2017, Aqua submitted to I&E objections to all 39 of I&E’s interrogatories. In its objections, Aqua stated that it would provide answers to all of the interrogatories but that it was not waiving any argument, objection or challenge it might make, either prior to, during or subsequent to hearing, in briefing or otherwise, concerning matters raised by its objections.

On or about January 13, 2017, I&E filed a motion to dismiss Aqua’s objections. Subsequently, under cover letter dated January 20, 2017, Aqua submitted its answers to all of I&E’s interrogatories. Also on January 20, 2017, Aqua filed an answer to I&E’s motion to dismiss objections. Aqua again noted in its answer that, although it was providing answers to I&E’s interrogatories, it was not waiving its right to raise any argument or challenge it may have concerning matters raised in its objections. It argued, therefore, that I&E’s motion to dismiss objections should be denied as moot and that the order should make clear that arguments concerning the admissibility of evidence and the interpretation of recently-enacted Section 1329 should be reserved for hearing and briefing.

In light of the fact that Aqua has, in fact, provided its answers to I&E’s interrogatories, I agree that I&E’s motion is moot and an order directing Aqua to provide answers to I&E interrogatories I&E-1through I&E-39 is no longer necessary or appropriate. I also agree with Aqua that its provision of answers to I&E-1 through I&E-39 does not constitute a waiver of any objections it may have to the admissibility of evidence and the interpretation of Section 1329, as expressed in its objections, and that any such objections may be raised at the hearing and in briefs.

Dated: January 24, 2017 ______

Steven K. Haas

Administrative Law Judge

2

A-2016-2580061 APPLICATION OF AQUA PA WASTEWATER


(Updated 1/25/17)

THOMAS T NIESEN ESQUIRE
THOMAS NIESEN & THOMAS LLC
212 LOCUST STREET
SUITE 600
HARRISBURG PA 17108-9500
717.255.7600

Accepts E-service

Representing Aqua Pennsylvania Wastewater
CHRISTINE M HOOVER ESQUIRE
ERIN L GANNON ESQUIRE

5TH FLOOR FORUM PLACE
555 WALNUT STREET
HARRISBURG PA 17101
717.783.5048
Accepts E-service

Representing Office of Consumer Advocate
GINA L MILLER ESQUIRE
CARRIE B WRIGHT ESQUIRE

400 NORTH STREET
HARRISBURG PA 17120
717-783-8754
717-783-6156

Accepts E-service

Representing Pa PUC Bureau of Investigation and Enforcement
SHARON WEBB ESQUIRE

OFFICE OF SMALL BUSINESS ADVOCATE

300 N SECOND STREET SUITE 202

HARRISBURG PA 17101

717-783-2525


VINCENT MATTHEW POMPO

LAMB MCERLANE PC

24 EAST MARKET STREET

PO BOX 565

WEST CHESTER PA 19381

610-701-4411

Accepts E-service

Representing New Garden Twp and New Garden Sewer Authority