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North Carolina Department of Utilities Commission Issues Order Accepting and Approving Bond, Approving Franchise and Requiring Customer Notice of...

August 25, 2014



North Carolina Department of Utilities Commission Issues Order Accepting and Approving Bond, Approving Franchise and Requiring Customer Notice of Application by IA Matthews Sycamore, LLC

RALEIGH, N.C., Aug. 25 -- The North Carolina Utilities Commission issued the following order:

In the Matter of Application by IA Matthews Sycamore, LLC, d/b/a Inland American Retail Management, LLC, 2901 Butterfield Road, Oak Brook, Illinois 60523, for a Certificate of Public Convenience and Necessity to Provide Water and Sewer Utility Service in Sycamore Commons in Mecklenburg County, North Carolina, and for Approval of Rates

BY THE COMMISSION: On December 23, 2013, IA Matthews Sycamore, LLC, d/b/a Inland American Retail Management, LLC (Applicant), filed an application with the Commission seeking to acquire a franchise to provide water and sewer utility service to 40 commercial properties in Sycamore Commons in Mecklenburg County, North Carolina, and for approval of rates. On May 7, 2014, the Applicant filed an amendment to its application clarifying the proposed rates and name of the service area.

The Applicant purchases water and sewer treatment from the City of Charlotte (City) and is proposing to pass these costs to its tenants through submeters, with the exception of Lowes, which has its own meter and is billed directly by the City. Currently, the Applicant serves 39 tenants.

The Applicant's proposed rates are as follows:

Proposed Rates

Monthly Water Utility Service:

Base charge, per tenant $14.88

Usage charge, per 100 cubic feet $ 2.46

Usage charge, per 1,000 gallons $ 3.29

Monthly Sewer Utility Service:

Base charge, per tenant $26.55

Usage charge, per 100 cubic feet $ 4.70

Usage charge, per 1,000 gallons $ 6.28

On May 19, 2014, the Commission issued an Order requiring customer notice, specifying that the matter may be determined without public hearing if no significant protests are received within 45 days of the date of the customer notice. The Applicant filed its certificate of service on May 30, 2014, indicating that it had provided customer notice as required. The 45-day notice period has expired and the Public Staff has not received any customer protests.

On the basis of the verified notification and the records of the Commission, the Commission makes the following

FINDINGS OF FACT

1. This is the first franchise sought by IA Matthews Sycamore, LLC, d/b/a Inland American Retail Management, LLC.

2. The service area covered is the area shown on plans filed as Exhibit 10 in this notification. The Applicant expects eventually to serve 40 commercial water and sewer customers in Sycamore Commons.

3. The Public Staff has recommended that the Applicant be required to post a $20,000 bond for Sycamore Commons. On August 22, 2014, the Applicant completed the filing requirements for a $20,000 corporate surety bond.

4. The Applicant has the technical, managerial, and financial capacity to provide water and sewer utility service in this service area.

5. The Applicant has filed all exhibits required with the notification.

Based upon the foregoing, the Commission is of the opinion that $10,000 of Aqua's unassigned bond surety should be assigned to Carries Reach Subdivision, that the water utility franchise requested by Aqua for Carries Reach Subdivision should be granted, and that the requested rates should be approved.

Based upon the foregoing and the recommendation of the Public Staff, the Commission is of the opinion that the $20,000 bond should be accepted and approved, that the certificate of public convenience and necessity should be granted, and that the requested rates should be approved.

IT IS, THEREFORE, ORDERED as follows:

1. That the corporate surety bond filed in this proceeding, as surety for the bond amount of $20,000 required by the Commission, is accepted and approved.

2. That IA Matthews Sycamore, LLC, d/b/a Inland American Retail Management, LLC, is granted a certificate of public convenience and necessity to provide water and sewer utility service in Sycamore Commons in Mecklenburg County, North Carolina.

3. That Appendix A constitutes the Certificate of Public Convenience and Necessity.

4. That the Schedule of Rates, attached as Appendix B, is approved and deemed to be filed with the Commission pursuant to G.S. 62-138. Said Schedule of Rates is authorized to become effective for service rendered on and after the date of this Order.

5. That the Applicant shall maintain its books and records in such manner that all the applicable items of information required in the Applicant's prescribed annual report to the Commission can be readily identified from the annual report.

6. That the Notice to Customers, attached as Appendix C, be mailed with sufficient postage or hand delivered by the Applicant to all customers affected by the new rates no later than 10 days after the date of this Order; and that the Applicant submit to the Commission the attached Certificate of Service properly signed and notarized not later than 15 days after the date of this Order.

ISSUED BY ORDER OF THE COMMISSION.

This the _25th day of _August_, 2014.

NORTH CAROLINA UTILITIES COMMISSION

Gail L. Mount, Chief Clerk

Commissioner Bryan E. Beatty did not participate.

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