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Westchester County (NYC Water Rate) - Second Interim Decision, December 14, 1994

Second Interim Decision, December 14, 1994

STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION
50 Wolf Road
Albany, New York 12233-1550

In the Matter

- of -

New York City water rate petition filed by

WESTCHESTER COUNTY

DEC No. 8865

SECOND INTERIM DECISION

December 14, 1994

Second Interim Decision of the Commissioner

By memorandum dated September 15, 1994, Administrative Law Judge ("ALJ") Daniel P. O'Connell (attachment A) solicited comments from the parties concerning whether the methodology for determining the amount of water which the upstate communities are entitled to under section 24-360 of the New York City Administrative Code was relevant to any of the issues that are being adjudicated in this proceeding. In particular, the parties were asked to comment on whether the dispute concerning the method for calculating this amount was relevant to setting the rate that the upstate communities should be charged for receiving this water and its relevancy to the development of water conservation plans by the upstate communities.

Upon consideration of the comments received from the parties, it is concluded that this dispute is not relevant to any of the issues that require resolution in this proceeding. Therefore, there is no basis to modify the Interim Decision of November 22, 1993. This proceeding is remanded to ALJ O'Connell for further proceedings consistent with this Interim Decision.

IN WITNESS WHEREOF, the Department of Environmental Conservation has caused this Second Interim Decision to be signed and issued and has filed the same with all maps, plans, reports, and other papers relating thereto in its office in the County of Albany, New York this 14th day of December, 1994.

DEPARTMENT OF ENVIRONMENTAL CONSERVATION
LANGDON MARSH, COMMISSIONER
_______________/s/_____________________

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