VII. Further Reporting By Alco Water Company

DHS has reviewed its files and found that all but one of the water companies have satisfactorily complied with DHS orders and citations. The exception is Alco Water Company. DHS cited Alco Water Company for a bacteriological failure in the Fall of 1993. The citation required Alco Water Company to notify its customers. Alco Water Company sought judicial review of this and other DHS citations. The lawsuits were eventually dismissed. However, Alco Water Company has never provided the required notification. Alco Water Company was charged an enforcement fee, related to the 1993 citation and other matters arising during the same time period. Alco Water Company has not paid this fee. The DHS referred these events to the federal government for investigation. Litigation resulting from that investigation is still in progress. The parties reported that a trial may take place in the latter part of 1999.

A. Discussion

Staff does not request any investigation of or specific orders to Alco Water Company at this time. However, we will order Alco Water Company to report the results of the circumstances DHS describes in this proceeding in its next rate proceeding, as well as whether the fines DHS assessed have been paid. Upon receipt of this report, staff should evaluate whether an investigation into these circumstances is warranted, including whether a fine should be assessed for any nonpayment of DHS fines.