Connecticut General Statutes 16-20 – Inadequate service or unreasonable rates; petition to authority. Small community water system rates and service
(a) As used in this section, “private water company” means a corporation, company, association, joint stock association, partnership, other entity or person, or lessee thereof, owning, leasing, maintaining, operating, managing or controlling any pond, lake, reservoir, stream, well or distributing plant or system employed for the purpose of supplying water to not less than two service connections or twenty-five persons, but does not include a municipal waterworks system established under chapter 102, a district, metropolitan district, municipal district or special services district established under chapter 105, chapter 105a or any other general statute or any public or special act which is authorized to supply water, or any other waterworks system owned, leased, maintained, operated, managed, or controlled by any unit of local government under any general statute or any public or special act.
Terms Used In Connecticut General Statutes 16-20
- Authority: means the Public Utilities Regulatory Authority and "department" means the Department of Energy and Environmental Protection. See Connecticut General Statutes 16-1
- Consumer: means any private dwelling, boardinghouse, apartment, store, office building, institution, mechanical or manufacturing establishment or other place of business or industry to which water is supplied by a water company. See Connecticut General Statutes 16-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, business, firm, corporation, association, joint stock association, trust, partnership or limited liability company. See Connecticut General Statutes 16-1
- Plant: includes all real estate, buildings, tracks, pipes, mains, poles, wires and other fixed or stationary construction and equipment, wherever located, used in the conduct of the business of the company. See Connecticut General Statutes 16-1
- Public service company: includes electric distribution, gas, telephone, pipeline, sewage, water and community antenna television companies and holders of a certificate of cable franchise authority, owning, leasing, maintaining, operating, managing or controlling plants or parts of plants or equipment, but shall not include towns, cities, boroughs, any municipal corporation or department thereof, whether separately incorporated or not, a private power producer, as defined in section 16-243b, or an exempt wholesale generator, as defined in 15 USC 79z-5a. See Connecticut General Statutes 16-1
- Statute: A law passed by a legislature.
- Water company: includes every person owning, leasing, maintaining, operating, managing or controlling any pond, lake, reservoir, stream, well or distributing plant or system employed for the purpose of supplying water to fifty or more consumers. See Connecticut General Statutes 16-1
(b) If any public service company or private water company unreasonably fails or refuses to furnish adequate service at reasonable rates to any person within the territorial limits within which the company has, by its charter, authority to furnish the service or, in the case of a nonfranchised, nonchartered private water company, the general territorial limits within which it operates, and if no other specific remedy is provided in this title or in regulations adopted thereunder, the person may bring a written petition to the Public Utilities Regulatory Authority alleging the failure or refusal. The authority shall investigate and, not more than sixty days after receipt of a petition, (1) if appropriate, issue an order prescribing the service to be furnished by the company, the conditions under which and maximum rates or charges at which the service shall be furnished, or (2) order that a hearing be held on the matter or that the matter be set for alternative dispute resolution. If at any time during such sixty-day period, any party in interest requests a hearing, the authority shall, after notice to all parties and not more than ninety days after receiving the request, hold a hearing and, if appropriate, issue an order prescribing the service to be furnished by the company and the conditions under which and maximum rates or charges at which the service shall be furnished.
(c) The authority, on its own initiative, or upon request by the Commissioner of Public Health, may initiate an investigation to determine whether the rates of a small community water system are inadequate for such water system to maintain economic viability and provide adequate service to its customers. As used in this subsection, “small community water system” means a water system that is not required to submit a water supply plan under section 25-32d. The authority shall, not more than one hundred fifty days after the commencement of such investigation, if appropriate, issue an order prescribing the appropriate service to be furnished by the water system and the appropriate rates or charges that are necessary to furnish such service. Prior to the issuance of any such order raising rates or charges of such water system’s customers, the authority, in consultation with the Office of Consumer Counsel and the Attorney General, shall consider the financial impact that any such rate increase may have on such water system’s ratepayers. If such rate increase is one hundred per cent or more, such increase shall be phased in over the course of a two-year period. If at any time during such investigation any party in interest requests a hearing, the authority shall, after notice to all parties and not more than thirty days after receiving the request, hold a hearing and, if appropriate, issue an order prescribing the service to be furnished by the small community water system and the appropriate rates or charges at which the service shall be furnished. If such hearing is held, the authority shall have commensurate additional time to issue such order.