ARTESIAN WATER COMPANY, INC. v. CHESTER WATER AUTHORITY

Filing 114

ORDER THAT THE REPORT AND RECOMMENDATION IS HEREBY APPROVED AND ADOPTED AS MODIFIED BY PARAGRAPHS 1-7 AS OUTLINED HEREIN. DEFENDANT SHALL FILE DOCUMENTATION NO LATER THAN 10/14/2014 SUPPORTING THE TOTAL AMOUNT OF ITS DAMAGES IN CONNECTION WITH PLAINTIFF'S FAILURE TO PAY FOR WATER IT PURCHASED BEGINNING 7/1/2010 AT THE RATE THEN CHARGED BY DEFENDANT. SIGNED BY HONORABLE JOHN R. PADOVA ON 9/30/2014. 9/30/2014 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

ARTESIAN WATER COMPANY, INC.

FILED

v.

SEP ·~ 0 2014
MICHAEL -, 1
.,,.u

No. 10-7453

CHESTER WATER AUTHORITY

By_
L.:. \ NZ, Oferk
- - - - -Dep. Cler/<

ORDER

AND NOW, this 30th day of September, 2014, upon consideration of Plaintiffs
Objections to the Report and Recommendation of the Special Master (Docket No. 107),
Defendant's "Exceptions to, and Motion to Adopt, the Net Conclusions of the Report and
Recommendation of Special Master" (Docket No. 108), and all documents filed and/or submitted
to the court in connection therewith, IT IS HEREBY ORDERED AS FOLLOWS:
1. Plaintiffs

objection

to

the

Special

Master's

finding

that

the

Addendum is a valid and enforceable contract is OVERRULED;
2. Plaintiffs objection to the Special Master's determination that it is not entitled to
damages as a result of the manner in which Defendant implemented its 2009 and
2010 rate increases is OVERRULED;
3. Plaintiffs objection to the Special Master's recommendation that it be required to pay
damages to Defendant for failing to pay rates in excess of Defendant's 2007 rates for
the water it purchased from July 1, 2010 to the present is OVERRULED;
4. Plaintiffs objection to the Special Master's recommendation that it be required to pay
late fees on the amounts it wrongly failed to pay Defendant beginning on July 1, 201 O
is SUSTAINED;
5. Defendant's exception to the Special Master's determination that its Board had the
responsibility, in accordance with water industry practice and standards, to review its

projections annually to incorporate changed conditions is OVERRULED;
6. Defendant's exception to the Special Master's recommendation that we deny CWA's
Motion for Sanctions is OVERRULED;
7. Defendant's exception to the Special Master's conclusions that the 11 % ROE used by
Gannett Fleming to prepare CWA's rate studies was excessive is SUSTAINED.
8. The Report and Recommendation is APPROVED and ADOPTED as modified by
paragraphs 1-7 above and consistent with the accompanying Memorandum.
9. Defendant shall file documentation no later than October 14, 2014 supporting the
total amount of its damages in connection with Plaintiffs failure to pay for water it
purchased beginning on July 1, 2010 at the rate then charged by Defendant.

BY THE COURT:

2