WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


DANIEL C. WILLIAMS,    ) DOCKET NO. UW-981195
       )
   Complainant,   )
       )
v.       ) COMMISSION DECISION AND ORDER
       ) APPROVING SETTLEMENT AGREEMENT;
AMERICAN WATER RESOURCES, INC., ) DISMISSING COMPLAINT
       )
   Respondent.   )
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )


  PROCEEDINGS:  This is a formal complaint proceeding.  Washington Utilities 
and Transportation Commission Administrative Law Judge Dennis J. Moss held a 
prehearing conference on November 12, 1998, and set a procedural schedule. ALJ 
Moss suspended the procedural schedule at the parties request to permit them an 
opportunity to settle.  The parties filed their Settlement Agreement on 
February 2, 1999.

  APPEARANCES:   Robert  E. Beaty, Attorney, Seattle, represents Complainant 
Daniel C. Williams.  Richard A. Finnigan, Attorney, Olympia, represents 
Respondent American Water Resources, Inc. (AWRI).  Mary M. Tennyson, Senior 
Assistant Attorney General, Olympia, represents Commission Staff.

  SETTLEMENT AGREEMENT:  The parties filed their January 23, 1999, Settlement 
Agreement on February 2, 1999.  Staff states no objection.

  COMMISSION:  The Commission approves the parties’ proposed settlement, 
including their agreement this proceeding should be dismissed with prejudice.

MEMORANDUM

  The Commission’s rules and practice provide for and promote alternative 
dispute resolution and settlement as alternatives to litigation.  WAC 
480-09-465 and 480-09-466.  In this case, the Commission suspended the 
procedural schedule at the parties’ request to permit them an opportunity to 
resolve their differences via informal settlement negotiations.  The parties 
advised the Commission a settlement was achieved and a Settlement Agreement, 
executed by the parties, was filed on February 2, 1999.  By its terms, the 
Settlement Agreement provides for “full and final settlement of all matters 
directly or indirectly complained of or involved in Docket No. UW-981195.”  The 
parties “agree that the complaint under Docket No. UW-981195 may be dismissed 
with prejudice.”  Commission Staff advises it does not intend to comment on the 
proposed settlement.

  The Settlement Agreement is straightforward and easily understood; it 
resolves a relatively simple dispute.  The Commission finds it unnecessary to 
schedule a hearing session for the parties to present the settlement and make 
themselves available for inquiry.  The Commission exercises its informed 
judgment to accept the settlement as a full and final resolution of the issues 
in this proceeding. WAC 480-09-466(2)(a).  The Commission finds it appropriate 
to dismiss this proceeding with prejudice in accordance with the Settlement 
Agreement’s terms.

ORDER

  THE COMMISSION ORDERS That the parties’ January 23, 1999, Settlement 
Agreement, filed February 2, 1999, is accepted as a full and final resolution 
of Daniel C. William’s Complaint in this proceeding;

  THE COMMISSION ORDERS FURTHER That Daniel C. William’s Complaint, filed 
September 14, 1998, is dismissed with prejudice.  
  
  DATED at Olympia, Washington, and effective this 10th day of February 1999.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

      
      
       ANNE LEVINSON, 
       Chair
     

       RICHARD HEMSTAD,
        Commissioner


       WILLIAM R. GILLIS, 
       Commissioner

NOTICE TO PARTIES:

This is a final order of the Commission.  In addition to judicial review, 
administrative relief may be available through a petition for reconsideration, 
filed within 10 days of the service of this order pursuant to RCW 34.05.470 and 
WAC 480-09-810, or a petition for rehearing pursuant to RCW 80.04.200 or RCW 
81.04.200 and WAC 480-09-820(1).