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Elbridge, Village of - Ruling, March 10, 1994

Ruling, March 10, 1994

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

Water Rate Dispute between The Village of Elbridge and The Village of Jordan

RULING ON ISSUES
FOR ADJUDICATION

Water Supply Application No. 9039

This ruling resolves the issues to be adjudicated in this matter.

Proceedings

The Village of Elbridge ("Elbridge") has applied to the Department of Environmental Conservation ("Department" or "DEC") to determine the water rate that the Village of Jordan ("Jordan") should pay to Elbridge.

A legislative hearing and issues conference were each held on February 23, 1994 at the Elbridge Village Fire Hall, 275 East Main Street, Elbridge, New York 13060 before Administrative Law Judge ("ALJ") John H. Owen. Appearing on behalf of Elbridge was Edward W. Lavery, Esq. of Lavery and Lavery, Skaneateles, New York, on behalf of Jordan Douglas H. Young, Esq. of Melvin and Melvin, Syracuse, New York, and on behalf of the Department Joanne March, Region 7, Division of Regulatory Affairs.

Issues

There was substantial agreement between the parties (the Department taking no position) as to the issues to be adjudicated in this matter.

The basic issue is of course: what is a fair and reasonable water rate; and the issues to be adjudicated all concern what costs or other factors are to enter the computation of the water rate and to what extent.

I find that there are agreed issues for adjudication as to whether the following factors should be included in the computation and if so to what extent should each be included:

  1. Salary and any expenses of any Trustee of Elbridge.
  2. Salary and any expenses of the Elbridge Village Clerk.
  3. Salary and any expenses of the Public Works Officer(s) of Elbridge.
  4. Insurance costs.
  5. The cost of legal services.
  6. The cost of engineering services.
  7. Maintenance costs.
  8. Repair costs.

There was disagreement between Elbridge and Jordan as to whether any costs concerning a certain 6" water main or line"Original 6" Transmission Main-1932" known as the "Kingston line" and as shown upon a "Village of Elbridge Water Transmission System, General Plan", Barton Brown Clyde and Loguidice, P.C., June 1980," Exhibit 2 marked at the issues conference. running basically north from Gorham Road to "Original Pressure Reducing Valve (1932)" and then west to the Village of Jordan meter pit on Route 5 west of the Village of Elbridge should be included in the computation.

Elbridge contended that this line or main was part and parcel of the water transmission system supplying Jordan whereas Jordan contended that it was not and, indeed, the line could be removed without affecting the usual flow of water to Jordan. This is a matter for expert opinion and is an issue for adjudication.

There was also disagreement between Elbridge and Jordan as to whether costs associated with a certain 0.2 M.G. water tank located on Science Hill in or near the Village of Elbridge installed in the overall system should be included in the rate computation, to what extent and for what period(s) of time; and this is an additional issue for adjudication.

Lastly as to issues, there was disagreement between Elbridge and Jordan as to whether the water rate should be fixed for the 1990-1995 period only or whether the rate should be made retroactive to cover the 1985-1990 period as well; and this is the last issue for adjudication.

Adjudicatory Hearing

The issues for adjudication shall be heard at the Elbridge Village Fire Hall, 275 East Main Street, Elbridge, New York, 13060, on Tuesday, April 12, 1994 at 10:00 AM and day to day thereafter as necessary.

Should either of the parties, the Department or counsel have a problem with these dates, they should advise the ALJ, the Department, other Counsel and other party promptly and when doing so set out their other days of unavailability for the balance of April; and in response the others should promptly set out their days of unavailability for the balance of April.

_____________/s/_____________
John H. Owen
Administrative Law Judge

Dated: Albany, New York
March 10, 1994

TO: Service List

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