STATE OF MISSOURI

PUBLIC SERVICE COMMISSION

 

At a session of the Public Service Commission held at its office in Jefferson City on the 29th day of July, 2015.

 

 

The Office of the Public Counsel,                     )

                                                                      )

                                        Complainant,           )

                                                                      )

          v.                                                         )           File No.  WC‑2014‑0138 et al.

                                                                      )

Missouri American Water Company,                 )

                                                                      )

                                        Respondent.           )

 

 

ORDER APPROVING STIPULATION AND AGREEMENT

 

Issue Date:  July 29, 2015                                       Effective Date:  August 8, 2015

 

 

On November 13, 2013, The Office of the Public Counsel (“OPC”), an agency of the State of Missouri, filed a complaint with the Missouri Public Service Commission (“Commission”) against Missouri-American Water Company (“MAWC”).  The complaint concerned MAWC’s billing practices with respect to the residents of the Stonebridge development near Springfield, Missouri.  This case was subsequently consolidated with 25 formal complaints filed by individual MAWC customers regarding similar service issues in the Stonebridge area.[1]  MAWC answered the consolidated complaints, and the Commission established a procedural schedule on April 8, 2015.

On July 16, 2015, the Commission’s Staff, MAWC, and OPC filed a non-unanimous stipulation and agreement and a joint motion asking the Commission to suspend the procedural schedule for this case.  The stipulation and agreement states that based on the pre-filed testimony of Staff witness Lisa A. Kremer, MAWC has sufficiently addressed and corrected the Stonebridge billing errors which are the subject of the complaints.  The stipulation and agreement requests that the Commission suspend the procedural schedule and dismiss the complaints.  The Commission suspended the procedural schedule on July 17, 2015.

The stipulation and agreement is non-unanimous in that it was not signed by all parties.  However, Commission Rule 4 CSR 240-2.115(2) provides that other parties have seven days in which to object to a non-unanimous stipulation and agreement.  If no party files a timely objection to a stipulation and agreement, the Commission may treat it as a unanimous stipulation and agreement.  More than seven days have passed since the stipulation and agreement was filed, and no party has objected.  Therefore, the Commission will treat the stipulation and agreement as a unanimous stipulation and agreement.  

After reviewing the stipulation and agreement, the Commission independently finds and concludes that the stipulation and agreement is a reasonable resolution of the complaints and that such stipulation and agreement should be approved.  As provided in the stipulation and agreement, upon its approval, the Commission will dismiss the complaints. 

THE COMMISSION ORDERS THAT:

1.               The Stipulation and Agreement filed on July 16, 2015, is approved.  The signatory parties are ordered to comply with its terms.  A copy of the Stipulation and Agreement is attached to this order.

2.               As provided in the Stipulation and Agreement, the complaints against Missouri-American Water Company are dismissed.

3.               The hearing scheduled for September 1-2, 2015, is cancelled.

4.               This order shall be effective on August 8, 2015.

 

BY THE COMMISSION

 

 

 

 

Morris L. Woodruff

Secretary

 

R. Kenney, Chm., Stoll, W. Kenney,

Hall, and Rupp, CC., concur.

 

Bushmann, Senior Regulatory Law Judge


[1] Complainants Jack R. King, Hugh and Jean Mackenzie, and John W. Graham voluntarily dismissed their complaints against MAWC.