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Monarch's motion to dismiss Sale/Transfer/Merger case is overruled and the case's procedural schedule is set

Pflugerville customer's interim period extended to July 2012


On 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.


"What 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."


Monarch 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.


During the public hearing held on November 8, the State Administrative Law Judges decided that the rate case would not be decided upon until the completion of the sale/transfer/merger case. 


The 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.


For more information on this case, visit