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Part 603: Applications For Fixation Of Water Rates

(Statutory authority: Conservation Law, § 522)

[page 1 of 1]

Historical Note

Part (603.1-603.10)added by renum. Part 323; repealed, new filed April 28. 1972 err. May 1, 1972. I

Contents:

Sec.

§603.1 Applicability of other rules.

Rules and regulations governing water supply applications(see Parts 601 and 602 of this Title) shall apply in so far as: they are suitable.

Historical Note:

Sec. added by renum. 323.1; repealed, new filed April 28, 1972 eff. May 1972.

§603.2 Jurisdiction.

The commission may be appealed to fix rates and charges for water only after the proper authorities of the two municipalities or other civil divisions of the State have failed to agree as to such rates and charges. The fact of the failure of such negotiations must be setup in the petition.

Historical Note:

Sec. added by renum. 323.2; repealed, new filed April 28, 1972 eff. May 1,1972.

§603.3 Application must be authorized.

Application to this commission must be duly authorized by appropriate action of the governing body of applicant, or if in the case of a city such action is deemed unnecessary, the authority for making the application and of the official signing the same must be shown.

Historical Note

Sec. added by renum. 323.3; repealed, new filed April 28, 1972 eff. May 1, 1972.

§603.4 Form of petition.

Application shall be made by written petition, accompanied by suitable exhibits, addressed to the Water Power and Control Commission, Albany, NY, and shall be signed on behalf of applicant by the chief executive there of and verified by him. Such petition and exhibits must be filed in duplicate.

Historical Note

Sec. added by renum. 323.4; repealed, new filed April 28, 1972 eff. May 1, 1972.

§603.5 Contents of petition.

The petition shall contain a statement of the desires of applicant, the history of the case, and a concise statement of the facts and arguments in favor of the contentions of applicant. It shall recite that it has been impossible to agree as to rates, that the making of application was duly authorized and the authority of the person signing and verifying the petition. It shall ask the commission to fix fair and reasonable charges or rates to be paid for water, or such other relief as may be desired, and shall specify by what authority the relief is sought - such as section 40, chapter 724, Laws of 1905, chapter 350, Laws of 1909, section 528, Conservation Law, etc., or decision of the Water Power and Control Commission of (date)

Historical Note

Sec. added by renum. former 323.5;; repealed, new filed April 28, 1972 eff. May 1, 1972.

§603.6 Exhibits.

Attached to the petition shall be certified copies of official ordinances or resolutions authorizing the application and the signing thereof and any other such acts in connection with the matter, together with any pertinent maps, reports or papers which applicant may desire to submit.

Historical Note

Sec .added by renum .former 23.6; repealed, new filed April 28, 1972 eff. May 1,1972.

§603.7 Notice of hearing.

On receipt of application in proper form the commission will set a time and place for the holding of a hearing there on and will send a copy of such notice to the applicant and a copy of the notice and of the petition and exhibits to the other party in the proceedings, together with an invitation to such party to file an answer if it so desires.

Historical Note

Sec. added by renum. Conner 323.7; repealed, new filed April 28, 1972 eff. May 1,1972.

§603.8 Public hearing.

On the day set for the hearing, or on such adjourned days as may be set, the commission will receive such testimony as may be presented by the parties in the proceeding and listen to such arguments as may be made. Briefs may be required or permitted to be filed. A stenographic record of the hearing will be taken.

Historical Note

Sec. added by renum. former 323.8; repealed, new filed April 28, 1972 eff. May 1,1972.

§603.9 Expenses of hearing.

The expenses of such hearing must be borne by the applicant. The commission will audit bills for such expenses and certify them to the applicant for payment. It is incumbent on the applicant to pay such bills to the persons entitled thereto within 30 days of such certification.

Historical Note

Sec. added by renum. former 323.9; repealed, new filed April 28, 1972 eff. May 1, 1972.

§603.10 Decision of the commission.

The decisionof the commission shall be in writing, signed by the commissioners and sealed. It shall be filed in the office of the commission. Certified copies of the decision shall be sent by the commission to the parties in the case.

Historical Note

Sec. added by renum former 323.5;; repealed, new filed April 28, 1972 eff. May 1972.