Listmates,

I represent a municipality that owns its own water company that delivers service within the municipality and to portions of adjacent townships, and holds a PUC tariff.  The desire of the municipality is to form an Authority to get out from under PUC jurisdiction, mainly because of the expensive and onerous process of submitting for rate increases.  Can the new Authority, if formed,  limit itself to reviewing and establishing rates, with the system continuing to be owned by the municipality, or would that continued ownership mean continuing PUC jurisdiction?

Thank you (and thank you for quick and great answers to other questions I have asked previously),

Joe Bresnan

[Dischell, Bartle & Dooley]http://dischellbartle.com/
Joseph E. Bresnan | Partner
Dischell, Bartle & Dooley, P.C.
P: 215.362.2474 | F: 215.362.6722
224 King Street | Pottstown, PA  19464
jbresnan@dischellbartle.commailto:jbresnan@dischellbartle.com
www.dischellbartle.comhttp://www.dischellbartle.com
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I would probably draft a cooperation agreement between the authority and the municipality in which the municipality agrees to provide capacity, employees etc. to the municipal authority and assign all of the customer’s outside the municipality to the Authority. You need the outside customers to be customers of the authority as the municipality is not supposed to have customers outside of its borders.

Keith Mooney, Esquire
50 North Fifth Street, 2nd Floor
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Reading, PA 19603
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[Barley Snyder Attorneys at Law]

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From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Joseph E. Bresnan
Sent: Thursday, March 15, 2018 10:09 AM
To: pmlsolicitors@lists.imla.org
Subject: [Pmlsolicitors] Formation of Authority to remove PUC jurisdiction

Listmates,

I represent a municipality that owns its own water company that delivers service within the municipality and to portions of adjacent townships, and holds a PUC tariff.  The desire of the municipality is to form an Authority to get out from under PUC jurisdiction, mainly because of the expensive and onerous process of submitting for rate increases.  Can the new Authority, if formed,  limit itself to reviewing and establishing rates, with the system continuing to be owned by the municipality, or would that continued ownership mean continuing PUC jurisdiction?

Thank you (and thank you for quick and great answers to other questions I have asked previously),

Joe Bresnan

[Dischell, Bartle & Dooley]http://dischellbartle.com/
Joseph E. Bresnan | Partner
Dischell, Bartle & Dooley, P.C.
P: 215.362.2474 | F: 215.362.6722
224 King Street | Pottstown, PA  19464
jbresnan@dischellbartle.commailto:jbresnan@dischellbartle.com
www.dischellbartle.comhttp://www.dischellbartle.com
This email may contain confidential or privileged information.  If you have received it in error, please notify the sender immediately and delete this message without copying or disclosing it.

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