DEPARTMENT OF ADMINISTRATIVE SERVICES
IN THE MATTER OF THE |
PROPOSED REVISION OF THE |
RULES AND REGULATIONS | PSC REGULATION
BY THE PUBLIC SERVICE | DOCKET NO. 13
COMMISSION GOVERNING |
MINIMUM STANDARDS FOR |
SERVICE PROVIDED BY |
PUBLIC WATER COMPANIES |
(OPENED MAY 14, 1985; |
REOPENED AUGUST 21, 2001) |
Reg. Docket No. 13, Rules and Regulations Governing the Minimum Standards for Service Provided by the Public Water Companies
ORDER NO. 5787
AND NOW, to-wit, this 21st day of August, 2001;
WHEREAS, in PSC Order No. 2076 (May 27, 1980) entered In The Matter of the Proposed Revision of Rules and Regulations by the Public Service Commission Governing Minimum Standards for Service Provided by Public Water Companies ("Minimum Standards"), PSC Regulation Docket No. 13, the Commission originally adopted Minimum Standards Governing Service Provided by Public Water Companies; and
WHEREAS, Standard 4.2.4 of such Minimum Standards requires public water utilities to ensure the accuracy of meters by conducting testing procedures on all meters in service on a specified frequency keyed to the size of the meter; and
WHEREAS, in October, 2000, United Water Delaware, Inc. ("United"), filed a request with the Commission for a waiver of the application of the testing procedures under Standard 4.2.4 in the context of testing the 32,000 5/8" meters utilized by United; and
WHEREAS, as part of its application for a waiver, United proposed undertaking a plan to move completely to the use of encoder meters (with 12,000 such meters already and future replacement of 20,000 non-encoder units) for 5/8" service, and during the contemplated replacement period, to use a statistical sampling technique (testing of 50 meters from a 3,000 meter group) to monitor the accuracy of the non-encoder meters remaining in service and, after substantial completion of the encoder installations, to then use a random sampling testing procedure (involving up to 3 tests of each of 100 meters randomly selected from age-linked groups) to assure accuracy of United's meters; and
WHEREAS, in light of United's submission, the Commission Staff has recently reviewed the Minimum Standards and has proposed an amendment to Standard 4.2.4 to allow a public water utility to ensure the accuracy of its meters by either: (1) conducting periodic tests on meters under the presently mandated schedule; or (2) conducting tests on a sampling of meters pursuant to a statistical meter sampling program submitted by the water utility and approved by the Commission; and
WHEREAS, the Staff has reviewed United's statistical meter sampling program and has determined that United's program is a reasonable one; and
WHEREAS, the Commission is authorized, by 26 Del.C. § 211, to fix, after hearing, just and reasonable rules and standards to secure the accuracy of meters and like appliances used by public utilities; and
WHEREAS, the Commission deems it appropriate to propose an amendment of Standard 4.2.4 of the Minimum Standards, as offered by its Staff, pursuant to the procedures for amendment of agency regulations set forth in 29 Del.C. §§ 10113-10119;
Now, therefore, IT IS HEREBY ORDERED THAT:
1. The Commission proceedings captioned In The Matter of the Proposed Revision of Rules and Regulations by the Public Service Commission Governing Minimum Standards for Service Provided by Public Water Companies, PSC Regulation Docket No. 13, are hereby reopened to consider an amendment of the Minimum Standards Governing Service Provided by Public Water Companies as originally promulgated in PSC Order No. 2076.
2. William F. O'Brien is designated as the Hearing Examiner for this matter pursuant to the terms of 26 Del.C. §502 and 29 Del.C. §10116, to organize, classify, and summarize all materials and other testimony filed in this proceeding, and to make findings and recommendations to the Commission concerning the proposed amendment on the basis of the materials and information submitted. Hearing Examiner O'Brien is specifically authorized to solicit additional comments and to conduct, upon due notice, one or more public hearings so as to allow for additional public comment in order to develop a complete record in this matter. Francis J. Murphy, Jr., Esquire, is designated as Staff Counsel for this matter.
3. The Commission solicits public comment and input concerning the proposed amendment to Standard 4.2.4 of its Minimum Standards Governing Service Provided by Public Water Companies, and to comply with the requirements of 29 Del.C. §§ 10113 and 10115, the Commission hereby issues the Notice of Proposed Rules Amendment attached hereto as Exhibit "A" for publication in the Register of Regulations and in two (2) newspapers of general circulation in the State.
4. Pursuant to 26 Del.C. §211 and 29 Del.C. §10111 et seq., the Commission hereby proposes a revision of Standard 4.2.4 of the Minimum Standards Governing Service Provided by Public Water Companies as set forth in the form attached hereto as Exhibit "B." Exhibit "B" reflects the existing Standard 4.2.4 of the Minimum Standards Governing Service Provided by Public Water Companies and the proposed amended Standard 4.2.4.
5. The Secretary shall file the Notice of Proposed Rules Amendment, together with a copy of the existing text of Standard 4.2.4 of the Minimum Standards Governing Service Provided by Public Water Companies and the proposed amendment thereto, with the Registrar of Regulations for publication in the Register of Regulations, as required by 29 Del.C. §10115, on October 1, 2001. In addition, the Secretary shall, contemporaneous with such filing, cause the Notice, attached as Exhibit "A," and the proposed revised Minimum Standards Governing Service Provided by Public Water Companies, attached as Exhibit "B," to be sent by United States Mail to: (a) all public water utilities regulated by the Commission; (b) all persons who have made timely requests for advance notice of such proceedings; and (c) the Division of the Public Advocate.
6. The Secretary shall cause the publication of the Notice of Proposed Rules Amendment attached hereto as Exhibit "A" to be made in The News Journal and the Delaware State News newspapers on the following dates, in two column format, outlined in black:
October 1, 2001 (The News Journal)
October 2, 2001 (Delaware State News)
7. The public water utilities regulated by the Commission are notified that they may be charged for the cost of this proceeding under 26 Del.C. §114.
8. The Commission shall forego any enforcement action under the present Standard 4.2.4 against United Water Delaware, Inc., during the pendency of this proceeding so long as United Water Delaware, Inc., adheres to its Statistical Meter Program as outlined in its submission of October 11, 2000.
9. The Commission reserves the jurisdiction and authority to enter such further Orders in this matter as may be deemed necessary or proper.
10. That the Commission reserves the jurisdiction and authority to enter such further Orders in this matter as may be deemed necessary or proper.
BY ORDER OF THE COMMISSION:
Arnetta McRae, Chair
Joshua M. Twilley, Vice Chair
Donald J. Puglisi, Commissioner
Jaymes B. Lester, Commissioner
Joann T. Conaway, Commissioner
ATTEST:
Karen J. Nickerson, Secretary
E X H I B I T "A"
BEFORE THE PUBLIC SERVICE COMMISSION
OF THE STATE OF DELAWARE
IN THE MATTER OF THE |
PROPOSED REVISION OF THE |
RULES AND REGULATIONS | PSC REGULATION
BY THE PUBLIC SERVICE | DOCKET NO. 13
COMMISSION GOVERNING |
MINIMUM STANDARDS FOR |
SERVICE PROVIDED BY |
PUBLIC WATER COMPANIES |
(OPENED MAY 14, 1985; |
REOPENED AUGUST 21, 2001) |
NOTICE OF PUBLIC COMMENT PERIOD AND PROPOSED AMENDMENT TO THE DELAWARE PUBLIC SERVICE COMMISSION'S MINIMUM STANDARDS GOVERNING SERVICE PROVIDED BY PUBLIC WATER COMPANIES
On August 21, 2001, the Delaware Public Service Commission ("the Commission") entered an Order proposing a revision to Standard 4.2.4 of the Commission's Minimum Standards Governing Service Provided by Public Water Companies ("Minimum Standards").
Currently, Standard 4.2.4 requires public water utilities to undertake periodic testing of their meters based on a schedule linked to the size of the meter. The proposed amendment will allow a public water utility the alternative to propose to the Commission a statistical sampling methodology for testing the accuracy of its meters. If such a plan is approved by the Commission, the public water utility could, thereafter, in lieu of testing all meters on a periodic basis, test a random sampling of particular groups of meters in order to ascertain the accuracy of its meters. The Commission has proposed allowing public water utilities this alternative in light of changes and improvements in the design and manufacturing of water meters.
The full text of the proposed amendment to Standard 4.2.4 has been filed with the Delaware Registrar of Regulations for publication in the Register of Regulations. The full text of the proposed amendment is also available at the Commission's website located at www.state.de.us/delpsc.
The Commission has authority to promulgate the regulations pursuant to 26 Del.C. §211 and 29 Del.C. §10111 et seq.
The Commission hereby solicits written comments, suggestions, compilations of data, briefs, or other written materials concerning the proposed amendment to Standard 4.2.4. Twelve (12) copies of such materials shall be filed with the Commission at its office located at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware 19904. All such materials shall be filed with the Commission on or before October 31, 2001. Persons who wish to participate in the proceedings, but who do not wish to file written materials, are asked to send a letter informing the Commission of their intention to participate. Such letter must be received on or before October 31, 2001.
In addition, the Commission will conduct a public hearing on the proposed amendment to Standard 4.2.4 on Wednesday, November 7, 2001, at the Commission's Dover office at the address set forth above. Such hearing shall begin at 10:00 AM. At such hearing, persons may present comments, evidence, and other materials concerning the proposed amendment.
ONLY PERSONS WHO SUBMIT COMMENTS, PARTICIPATE IN THE HEARING, OR FILE A NOTICE OF INTENT TO PARTICIPATE WILL RECEIVE NOTICE OF FURTHER PROCEEDINGS IN THIS MATTER.
The proposed and existing Standard and the materials submitted in connection therewith are available for public inspection and copying at the Commission's Dover office during normal business hours. The fee for copying is $0.25 per page. The proposed amendment is also available for review on the Commission's website: www.state.de.us/delpsc.
Any individual with disabilities who wishes to participate in these proceedings should contact the Commission to discuss any auxiliary aids or services needed to facilitate such review or participation. Such contact may be in person, by writing, telephone (including text telephone and TRS), or otherwise. The Commission's toll-free telephone number in Delaware is (800) 282-8574. The Commission may also be contacted at (302) 739-4333 (including text telephone). Inquiries can also be sent by Internet e-mail to connie.mcdowell@state.de.us.
E X H I B I T "B"
BEFORE THE PUBLIC SERVICE COMMISSION
OF THE STATE OF DELAWARE
IN THE MATTER OF THE |
PROPOSED REVISION OF THE |
RULES AND REGULATIONS | PSC REGULATION
BY THE PUBLIC SERVICE | DOCKET NO. 13
COMMISSION GOVERNING |
MINIMUM STANDARDS FOR |
SERVICE PROVIDED BY |
PUBLIC WATER COMPANIES |
(OPENED MAY 14, 1985; |
REOPENED AUGUST 21, 2001) |
4.2.4 Meter Testing. Each utility shall make periodic tests of meters to assure their accuracy. The periodic test interval shall not be longer than provided in the following schedule: Each utility shall have in place, and implement, a program for the testing of its meters to ensure their accuracy. Such program shall consist of either:
(a) The periodic testing of meters at intervals no longer than provided in the following schedule:
(1) 5/8 inch and 3/4 inch:
Once every 15 years
(2) 1 inch and 1-1/2 inch:
Once every 10 years
(3) 2 inch, 3 inch, and 4 inch:
Once every 3 years
(4) 6 inches and larger: Once every year
or
(b) The periodic testing of a random sampling of particularly-grouped meters under a meter testing plan submitted by the utility and specifically approved by the Commission. Such a plan may apply to the testing of all sizes of meters or meters of a particular size. The sampling procedures in any such plan shall be sufficient to ensure confidence in the accuracy of the meters included in the group represented by the sample. With such plan, the utility shall submit sufficient information and data to establish the ability of the sampling procedure to establish the accuracy of the utility's meters. The results of testing under any such approved plan shall be available to the Commission.