Public Utilty Commission

PENNSYLVANIA PUBLIC UTILTY COMMISSION Harrisburg, PA 17105-3265

Public Meeting held October 22, 2015

Commissioners Present:

Gladys M. Brown, Chairman John F. Coleman, Jr., Vice Chairman Pamela A. Witmer Robert F. Powelson Andrew G. Place

Pennsylvania Public Utility Commission, et al. : : R-2015-2470184 : C-2015-2476077 v. : C-2015-2477011 : C-2015-2480397 Borough of Schuylkill Haven Water Department : C-2015-2475347

BY THE COMMISSION:

We adopt as our action the Recommended Decision of Administrative Law Judge Elizabeth H. Barnes, dated September 1, 2015;

THEREFORE,

IT IS ORDERED

1. That the testimony of Borough Statement No. 1, the Direct Testimony of Dennis M. Kalbarczyk and Exhibit DMK-1 are admitted into the record at Docket Nos. R-2015- 2470184 et al. 2.That the Borough of Schuylkill Haven Water Department shall not place into effect the rates, rules, and regulations contained in Supplement No. 43 to Tariff Water - Pa. P.U.C. No. 3, the same having been found to be unjust, unreasonable, and therefore unlawful.

3.That the Joint Petition for Full Settlement of Rate Investigation submitted by the Borough of Schuylkill Haven Water Department, the Bureau of Investigation and Enforcement of the Pennsylvania Public Utility Commission, the Office of Consumer Advocate, the Borough of Cressona, North Manheim Township, and Sapa Extrusions, Inc. at Docket Nos. R-2015-2470184, et al. on August 25, 2015, be and hereby is approved without modification, including all terms and conditions therein.

4. That the Borough of Schuylkill Haven Water Department shall be permitted to file a tariff supplement incorporating the terms of the settlement and changes to its rates, rules, and regulations as set forth in Appendix A of the Joint Petition for Full Settlement of Rate Investigation, to become effective upon at least one day’s notice following Commission approval of the Joint Petition for Settlement for service rendered on and after December 4, 2015, which tariff supplement increases the Borough of Schuylkill Haven Water Department’s rates so as to produce an increase in annual jurisdictional operating revenues of not more than $230,966 or 25.427%.

5. That the Borough of Schuylkill Haven Water Department shall not file a water tariff or tariff supplement that would constitute a general base rate increase under Section 1308(d) of the Public Utility Code, 66 Pa. C.S. §1308 (d), or any successor statutory provision of similar purpose, any earlier than twelve (12) months after Commission approval of the Joint Settlement except under the limited circumstances set forth in the Joint Petition for Settlement.

6. That the Formal Complaints of the Office of Consumer Advocate, at Docket No. C-2015-2476077; the Borough of Cressona at C-2015-2477011; North Manheim Township at C-2015-2475347; and Sapa Extrusions, Inc. at C-2015-2480397 shall be marked closed and satisfied. 7.That upon acceptance and approval by the Commission of the tariff supplement filed by the Borough of Schuylkill Haven Water Department, consistent with this Order, this proceeding shall be marked closed.

BY THE COMMISSION

Rosemary Chiavetta Secretary

(SEAL)

ORDER ADOPTED: October 22, 2015

ORDER ENTERED: October 22, 2015