STATE OF MISSOURI

 PUBLIC SERVICE COMMISSION

 

At a session of the Public Service Commission held at its office in Jefferson City on the 8th day of October, 2015.

 

 

 

Staff of the Missouri Public Service             )

Commission,                                              )

                                                                 )

                                      Complainant,        )

                                                                 )

v.                                                              )         File No. WC-2015-0330

                                                                 )

Fawn Lake Water Corp., and                      )

Rachel Hackman,                                       )

                                                                 )

                                      Respondents.       )

 

 

ORDER SETTING ASIDE DEFAULT DETERMINATION

 

Issue Date:  October 8, 2015                                                            Effective Date:  October 8, 2015

 

On June 11, 2015, the Staff of the Commission filed a complaint against Fawn Lake Water Corp. and its owner and operator, Rachel Hackman, alleging that the Respondents are providing water to the public for gain without having first obtained authorization from the Commission, as required by Section 393.170, RSMo 2000.  Staff further alleged that the Respondents are failing to provide safe and adequate service in violation of Commission regulations.  A copy of the complaint was served on Rachel Hackman as an individual, and as registered agent for Fawn Lake, by registered mail on June 19.  When Respondents failed to answer Staff’s complaint, the Commission granted Staff’s motion for default determination in an order issued on September 16, which is to become effective on October 16. 

The Commission’s order allowed the Respondents until September 30 to file a motion to set aside the order of default.  On that date, the Respondents filed a motion asking the Commission to set aside the default and to allow the Respondents to file their answer to Staff’s complaint out-of-time.  The motion explains that the Respondents have recently retained legal counsel and are now prepared to file an answer.  On October 5, Staff filed a response indicating it does not oppose the Respondents’ motion to set aside the order of default.  No party has opposed that request.

The Commission finds that there is good cause to set aside the order of default and will direct the Respondents to promptly file their answer to Staff’s complaint.

THE COMMISSION ORDERS THAT:

1.               The Order Granting Motion for Default Determination is set aside.

2.               Fawn Lake Water Corp., and Rachel Hackman shall file their answer to Staff’s Complaint no later than October 22, 2015.

3.               This order shall be effective when issued. 

 

BY THE COMMISSION

 

 

 

 

Morris L. Woodruff

Secretary

 

 

 

Hall, Chm., Stoll, Kenney,

Rupp, and Coleman, CC, concur.

 

 

Woodruff, Chief Regulatory Law Judge