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Monarch's motion to
dismiss Sale/Transfer/Merger case is overruled and the case's procedural
schedule is set
customer's interim period extended to July 2012
Tuesday, November 22 the City of Pflugerville received notification that Monarch's
motion to dismiss the Sale/Transfer/Merger (STM) case was overruled and a
schedule was set for the case by Administrative Law Judges.
this means for Pflugerville residents is that the sale/transfer/merger won't go
into effect based on a timing technicality because the courts determined one
did not take place," Pflugerville Assistant City Manager Lauri Gillam said. "The case will be heard in its entirety, and our Pflugerville residents will
not have any rate increase in the interim which is now extended through July
2012. Depending on the results of this Sale/Transfer/Merger case, the next step
will be the rate case which will have its own time line and schedule. Pflugerville
will continue to report to our residents on the status of the issue."
had argued that the Texas Commission on Environmental Quality was not timely in
notifying them that the Commission was transferring the case to the State
Office of Administrative Hearings (SOAH). Monarch was asking, due to this
mistake, that the STM case be thrown out, and the rates Monarch proposed were
therefore justified and should be implemented based on this error. However, it
was proven and decided that the TCEQ had notified
Monarch that the case was going to SOAH within the statutory time period and
the Administrative Law Judges have set a schedule for the case with July 9 –
13, 2012 as the evidentiary hearing.
City of Pflugerville is represented by Jim Boyle of Herrera & Boyle, PLLC in
the Sale/Transfer/Merger Case and is part of a coalition of cities working to
fight the sale/transfer/merger which could have Pflugerville residents paying
for improvements to Monarch's system statewide if one giant Certificate of
Convenience and Necessity (CCN) is created.
more information on this case, visit www.pflugervilletx.gov/monarch.