BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION WASHINGTON UTILITIES AND ) TRANSPORTATION COMMISSION, ) ) Complainant, ) DOCKET UW-990260 ) vs. ) ) COMPLAINT, ORDER AND BLISS INDUSTRIES, INC. ) NOTICE OF PREHEARING d/b/a Y BAR S WATER COMPANY ) CONFERENCE ) Respondents. ) ) COMPLAINT Pursuant to RCW 80.04.110, the Washington Utilities and Transportation Commission, (“Commission”) proceeding on its own motion, complains and alleges as follows: I. The Commission is an agency of the State of Washington, authorized by law to regulate the rates, practices, accounts, securities, and services of public service companies, including water companies, under the provisions of Title 80 RCW. II. Bliss Industries, Inc. (“respondent”), owns, operates, and manages property used or to be used for or in connection with the distribution, sale or furnishing of water for irrigation and domestic or other beneficial uses for hire, and as such is a water company and a public service company within the meaning of RCW 80.04.010. Respondent is subject to the regulatory authority of the Commission. III. Respondent has filed and has in effect certain rates and charges applicable to service rendered and equipment and facilities used in providing water service to ultimate consumers. Such rates and charges are identified in tariffs and contracts on file with the Commission. The Commission believes and therefore alleges that the revenues produced by the rates and charges specified in those tariffs and contracts may be unjust, unfair, or unreasonable in that they may produce greater than reasonable compensation for services provided, all in contravention of RCW 80.28.020. IV. The Commission further alleges that the practices, acts or services of respondent are unreasonable, improper, insufficient, inefficient or inadequate, all in contravention of RCW 80.28.040. ORDER WHEREFORE, The Commission hereby enters upon hearings and investigation for the following purposes: 1. To ascertain and determine whether the rates and charges presently made, demanded and received by respondent for the services described above are fair, just and reasonable. 2. Should it find that such rates and charges demanded and received by respondent for such services are unjust, unreasonable, or yield unreasonable compensation for the service rendered, or are otherwise in violation of the law, to ascertain and determine pursuant to RCW 80.028.020 the just and reasonable rates and charges to be thereafter observed, and to fix the same by order. 3. To make and enter such other determinations and orders as may be just and reasonable, including directing respondent to refund an amount found to be in excess of that necessary to produce reasonable compensation from the date of service of this complaint, as provided by RCW 80.04.110, RCW 80.04.220 and RCW 80.04.230. NOTICE OF HEARING Hearings in this matter will be held pursuant to Part IV of chapter 34.05 RCW pertaining to adjudicative proceedings, including but not limited to RCW 34.05.413, 34.05.431, 34.05.440, 34.05.449, 34.05.452, and 80.04.130. Statutes involved, in addition to those previously cited, include those within chapter 80.04 RCW and Chapter 80.28 RCW relating to rates, including but not limited to RCW 80.04.110, RCW 80.04.220, RCW 80.04.230, RCW 80.28.010, RCW 80.28.020, RCW 80.28.030, RCW 80.28.040, RCW 80.28.100, RCW 80.28.130, and RCW 80.01.040. Rules involved include those within chapters 480-09 WAC and 480-110 WAC. The ultimate issue involved is whether the rates are just and reasonable. The issue as to the justness and reasonableness of the rates includes consideration of alternative rate design or structure. Please see the form attached to this notice which should be filled out and returned if any party or witness needs an interpreter or other assistance. NOTICE IS HEREBY GIVEN that a prehearing conference herein will be held on April 1, 1999 at the hour of 9:30 am in the commission’s Hearing Room, Second Floor, Chandler Plaza Building, 1300 S. Evergreen park Drive SW, Olympia, Washington. The time and place for the evidentiary hearing will be set at the prehearing conference or by later written notice. NOTICE IS FURTHER GIVEN THAT ANY PARTY WHO FAILS TO ATTEND OR PARTICIPATE IN THE HEARING SET HEREIN, OR OTHER STAGE OF THIS PROCEEDING, MAY BE HELD IN DEFAULT IN ACCORDANCE WITH THE TERMS OF RCW 34.05.440. The names and mailing addresses of all parties and their known representatives are as follows: Complainant: Washington Utilities and Transportation Commission 1300 S. Evergreen Park Drive SW P.O. BOX 47250 Olympia, WA 98504-7250 Representative: Mary M. Tennyson Senior Assistant Attorney General 1400 S. Evergreen Park Drive SW P.O. Box 40128 Olympia, WA 98504-0128 (360) 664-1220 Respondent: Bliss Industries, Inc. 9902 NE 124th, #1208 Kirkland, WA 98034 Representative: Richard Finnigan Attorney at Law 2405 Evergreen Park Drive SW #B-1 Olympia, WA 98502 (360) 956-7001 Interested Parties: Highview Estates Homeowners 25624 SE 396th Enumclaw, WA 98022 An Administrative Law Judge from the Legal, Accounting, Policy Development Division of the Commission will be designated to preside at the hearings. It is planned that specially designated hearing sessions for the purpose of receiving the testimony of members of the public will be held at a time and place to be set later. The Commission will provide at its offices in Olympia, Washington, current records of the hearing for the use of those who may wish to review them. DATED at Olympia, Washington, and effective this th day of March, 1999. MARILYN SHOWALTER, Chairwoman RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner Inquiries should be addressed to: The Secretary Washington Utilities and Transportation Commission Chandler Plaza Building 1300 S. Evergreen Park Drive SW Olympia, WA 98504-7250