NOTICE OF SECTION 529 PROCEEDINGS
To Fryburg Water Company Customers:
The Section 529 Proceedings
Fryburg Water Company (“FWC”) is your water service provider.
By Ex Parte Emergency Order entered on August 11, 2023, the Pennsylvania Public Utility Commission (“PUC”) named Aqua Pennsylvania, Inc. (“Aqua”) as Receiver for the Venango Water Company’s (VWC) system during the pendency of the investigation instituted under Section 529 of the Public Utility Code, 66 Pa. C.S. § 529 (“VWC 529 Proceeding”). The Docket Numbers for the VWC Proceeding are M-2023-3042180 and I-2023-3042312. Aqua has been operating the VWC system as Receiver since August 12, 2023. Through the VWC 529 Proceeding the PUC will determine whether a capable public utility should acquire VWC.
In addition to the VWC 529 Proceeding, a second Section 529 proceeding has been opened regarding six other utilities under common ownership with VWC – Section 529 Investigation of Sugarcreek Water Company, West Hickory Water Company, Plumer Water Company, Fryburg Water Company, Cooperstown Water Company and Blaine E. Rhodes Sewer Company (“Rhodes Estate 529 Proceeding”). The Docket Number for the Rhodes Estate 529 Proceeding is P-2024-3045205. The Rhodes Estate 529 Proceeding has been consolidated with the VWC 529 Proceeding (together, referred to as the “Section 529 Proceedings”).
Notice of the Section 529 Proceedings and Opportunity to Participate
As a customer of FWC, you are entitled to receive Notice of the Section 529 Proceedings and an opportunity to participate in them.
Actions You Can Take
You are not required to participate in the Section 529 Proceedings. The burden to prosecute the Section 529 Proceedings is with the PUC’s Bureau of Investigation and Enforcement. Should you wish to participate, there are three ways to do so:
1. Sending a letter to the PUC. You can tell the PUC why you support or object to a capable public utility acquiring the subject system(s). This information can be helpful when the PUC investigates the issues. Send your letter, referencing the Docket Numbers M-2023-3042180, I-2023-3042312, and P-2024-3045205, to the Secretary’s Bureau, Pennsylvania Public Utility Commission, Commonwealth Keystone Building, 400 North Street, 2nd Floor, Room-N201, Harrisburg, PA 17120. You can also contact the Pennsylvania Office of Consumer Advocate (“OCA”) with questions, concerns and comments. The OCA is an active party representing the interests of residential customers. The telephone number for the OCA is 717-783-5048 or toll-free 800-684-6560.
2. You can file a formal Petition to Intervene asking the PUC to allow you to be a party – the petition must state who you are, why you want to be a party, and what your specific concerns are. Petitions should include the Docket Numbers M-2023-3042180, I-2023-3042312, and P-2024-3045205, and be sent to the Secretary’s Bureau, Pennsylvania Public Utility Commission, Commonwealth Keystone Building, 400 North Street, 2nd Floor, Room-N201, Harrisburg, PA 17120.
3. You can attend or be a witness at a public input hearing, if one is held, where you will have the opportunity to present your views to the Administrative Law Judge and the parties. All testimony given “under oath” becomes part of the official case record. If no public input hearings are held, you still have the right to attend any hearings that are held in the case but will not be permitted to testify unless you have requested and been granted permission to intervene or are called by a party as a witness.
FRYBURG WATER COMPANY
Dated: April 30, 2024