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Home My WebLink About20240903Decision Memo.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: DAYN HARDIE DEPUTY ATTORNEY GENERAL DATE: SEPTEMBER 3, 2024 SUBJECT: IN THE MATTER OF THE INVESTIGATION INTO ASPEN CREEK WATER COMPANY’S BILLING PRACTICES; CASE NO. ASP-W-24- 01. During Staff’s routine audit of Aspen Creek Water Company (“Company”) Staff observed several instances of the Company charging for new connections outside of the amount permitted by its Commission-approve tariff. On May 29, 2024, the Commission issued a Notice of Investigation directing Staff to file a report by July 10, 2024. Order No. 36196. After Staff requested additional time to complete its investigation due in part to finding additional areas of concern related to the Company’s Certificate of Public Convenience and Necessity, the Commission issued a Notice of Extension granting additional time for Staff to investigate the Company’s billing practices and other matters. Order No. 36276. That Order provided Staff until September 6, 2024, to file its report. On August 26, 2024, the Company applied to increase rates. See Case No. ASP-W-24- 03. STAFF RECOMMENDATION Staff believes the issues it was investigating in this matter (i.e. connection fees) can be more adequately addressed in Case No. ASP-W-24-03 where all the Company’s rates will be subject to review and potentially adjusted. Staff believes Case No ASP-W-24-03 is the best forum to ensure the charges the Company includes in its tariffs are fair, just, and reasonable. Because it is possible to review the charges that prompted the investigation, Staff recommends DECISION MEMORANDUM 2 the Commission dismiss this case to allow Staff to focus on the recently filed rate case where the issues Staff was investigating can be more efficiently addressed. COMMISSION DECISION Does the Commission wish to dismiss this case? ______________________________ Dayn Hardie Deputy Attorney General I:\Legal\WATER\ASP-W-24-01\Memos\ASPW2401_dec3_dh.docx