COMPLAINT OF ROBERT MYKYTIUK AGAINST LAKES REGION WATER CO., INC.
ORDER No. 25, 983
DW 16-834
New Hampshire Public Utilities Commission
January 31, 2017
ORDER ON MOTION TO DENY COMPLAINT AND EXCLUDE
EVIDENCE
Martin
P. Honigberg Chairman
With
this order the Commission grants in part and denies in part
the Motion to Deny Complaint and Exclude Evidence filed in
the above-referenced docket by Lakes Region Water Co.
Specifically, the Commission denies the Company's request
that the complaint be denied without a hearing, limits the
scope of the testimony of some of the witnesses, and allows
the complainant to testify even though he did not include
himself on his witness list.
I.
PROCEDURAL BACKGROUND
On
October 4, 2016, Robert Mykytiuk filed a complaint with the
Commission against Lakes Region Water Co., Inc. (Lakes Region
or the Company), alleging that Lakes Region cannot require
him to pay an additional quarterly base charge of $135.26
under the terms of its tariff. The additional base charge
relates to a second structure on Mr. Mykytiuk's property
located at 17 Mayflower Lane in the Town of Moultonborough.
Lakes
Region provides water service to Mr. Mykytiuk's main
residence. In March 2016, the Company learned that Mr.
Mykytiuk had completed construction of an additional
structure on his property. During construction, Mr. Mykytiuk
tapped into the service connection to his primary residence
in order to supply water to the new structure. Shortly
thereafter, Lakes Region sent a letter to Mr. Mykytiuk
requesting an inspection of the water service connection
along with an application for service relating to the new
structure.
On May
9, 2016, Lakes Region sent a supervisor to the Mykytiuk
residence to inspect the new service connection. Lakes Region
concluded that the new structure required a separate service
connection. Rather than require Mr. Mykytiuk to install a
separate service connection for the new structure at his own
expense, Lakes Region instead billed Mr. Mykytiuk an
additional base charge of $135.26. That additional charge
appeared on Mr. Mykytiuk's June water bill. Mr. Mykytiuk
took exception to Lakes Region's interpretation of the
terms of its tariff and, in his complaint, submitted that the
new structure is an accessory dwelling unit and that he is
not required to have separately metered water service.
By
letter dated October 11, 2016, the Commission notified Lakes
Region and Mr. Mykytiuk that it would treat the matter as a
formal complaint. On November 10, 2016, the Commission issued
a letter setting a hearing for December 14 and directing the
parties to file...
