BEFORE THE PUBLIC SERVICE COMMISSION

OF THE STATE OF MISSOURI

 

 

Charles Harter,                                               )

                                                                      )

                                        Complainant,           )

                                                                      )

          v.                                                         )           File No.  WC-2015-0311

                                                                      )

Missouri-American Water Company,                )

                                                                      )

                                        Respondent.           )

VIA CERTIFIED MAIL

 

 

ORDER GIVING NOTICE OF CONTESTED CASE, DIRECTING FILING
AND DIRECTING STAFF INVESTIGATION

 

Issue Date:  May 21, 2015                                         Effective Date:  May 21, 2015

 

 

On May 21, 2015, Charles Harter (“Complainant”) filed a complaint with the Missouri Public Service Commission (“Commission”) against Missouri American Water Company (“Missouri American”). A copy of the complaint accompanies this notice. This is a contested case[1] pursuant to Section 386.390, RSMo 2000. Since Mr. Harter alleges an amount in dispute of less than $3,000, this case will proceed under the small formal complaint process.[2]


The Commission will set a deadline for Missouri American to file an answer. In the alternative, Missouri American may file a written request that the complaint be referred to a neutral third-party mediator for voluntary mediation. Upon receipt of a request for mediation, the 30‑day time period shall be tolled while the Commission ascertains whether or not Mr. Harter is also willing to submit to voluntary mediation.  If Mr. Harter agrees to mediation, the time period within which an answer is due shall be suspended pending the resolution of the mediation process. Additional information regard­ing the mediation process is enclosed. If Mr. Harter declines the opportunity to seek mediation, Missouri American will be notified in writing that the tolling has ceased and will also be notified of the date by which an answer or notice of satisfaction must be filed. That period will usually be the remainder of the original 30‑day period.

As required by Section 536.067(2)(f), RSMo 2000, the Commission informs the parties that the Commission’s provisions governing procedures before the Commission, including provisions relating to discovery, are found at Commission Rule 4 CSR 240-2.090.  The Commission will also set a deadline for its Staff to complete an investigation and file a report.

THE COMMISSION ORDERS THAT:

1.               The Commission’s Data Center shall send, by certified mail, a copy of this notice and order and a copy of the complaint to Missouri American at:

                    ATTN: Legal Department

                    727 Craig Road

                    St. Louis, MO  63141

 

2.               Missouri American shall file an answer to this complaint or request for mediation no later than June 22, 2015, and serve a copy upon the Complainant. All pleadings (the answer, the notice of satisfaction of complaint or request for mediation) shall be mailed to the Secretary of the Commission or filed in the Commission’s Electronic Filing and Information System (EFIS).

3.               The Staff of the Missouri Public Service Commission shall investigate this complaint and file a report with the Commission no later than July 9, 2015.

4.               The Commission’s Data Center shall mail a copy of this notice to Complainant.

5.               This order shall be effective when issued

                                                                      BY THE COMMISSION

 

 

 

 

                                                                      Morris L. Woodruff

                                                                      Secretary

 

 

 

Kim S. Burton, Regulatory Law Judge,

by delegation of authority pursuant to

Section 386.240, RSMo 2000.

 

Dated at Jefferson City, Missouri,

on the 21st day of May, 2015.

 



[1] A “‘[c]ontested case’ means a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after hearing.”  Section 536.010.4, RSMo Supp. 2012.

[2] 4 CSR 240-2.070(15).