CCR1990145COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #145-90
RESOLUTION AUTHORIZING FLOW'S INTERVENTION
IN PSC PROCEEDINGS
WHEREAS, the City of Muskego, a member of a coalition of nine
suburban municipalities known as Fair Liquidation of Waste
Milwaukee Metropolitan Sewerage District (MMSD), and is located
(FLOW), receives sewer service on a contract basis from the
outside of the District's boundaries, and
WHEREAS, MMSD unilaterally decided to charge the City sewer
capital costs based on the total equalized value of the property
located within the boundaries of the City, and
WHEREAS, the City rejected the ad valorem method of calculating
sewer capital costs and have sexred a judgment from the Waukesha
County Circuit Court preventing the District from collecting ad
valorem-based capital costs, and
WHEREAS, Miller Brewing Company and Universal Foods Corporation
Commission of Wisconsin (PSC) against MMSD alleging that the
(Complainants) have filed a complaint with the Public Service
failure to collect sewer capital costs from the FLOW communities
has required users within the District to pay more, and that the
rates charged are unreasonable and unjustly discriminatory
against users within the District, and
-
~ 0 charge the FLOW communities for certain in-place facilities is
WHEREAS, the Complainants also complain that MMSD's failure to
unreasonable and unjustly discriminates against users within the
District, and ' WHEREAS, the Complainants seek (1) an order from the PSC
declaring that the FLOW communities pay for sewer capital costs
calculated on the ad valorem charging method and (2) an order
imposing a surcharge on the FLOW communities reflecting
depreciation and a reasonable rate of return on in-place
facilities, and
WHEREAS, any action taken by the PSC will have a direct and
immediate impact upon the rates charged to the City.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego that the intervention in the PSC proceedings pursuant
to the attached motion filed with the PSC by FLOW be and hereby
is authorized.
Passed and adopted this 12th day of June, 1990. I
ATTEST :
Wayne G. Salentine, Mayor
0 City Clerk
BEFORE THE
DUBLIC SERVICE COMMISSION OF WISCONSIN
Miller Brewing Company and
Universal Foods Corporation,
Complainants
PSC Docket No. 9308-SR-100
vs .
Milwaukee Metropolitan
Sewerage District,
Defendant
NOTICE OF APPEARANCE AND REQUEST
FOR FULL INTERVENTION
PLEASE TAKE NOTICE that Fair Liquidation of Waste (FLOW), a
voluntary coalition of municipalities comprised of the City of
Brookfield, Village of Butler, Village of Elm Grove, Village of
Germantown, Village of Menomonee Falls, City of Mequon, City of
Muskego. City of New Berlin, and Village of Thiensville ("Intervenors
or FLOW Communities") individually and collectively by their
attorneys, Mulcahy h Wherry, S.C., and Boardman, Suhr, Curry h Field,
enter their appearance and request full intervention in this
proceeding as its interest may appear. All documents should be served
upon :
Truman Q. McNulty
Mulcahy h Wherry, S.C. Joseph A. Rice
815 East Mason Street
Milwaukee, Wisconsin 53202 Phone: (414) 278-7110
et
WHEREFORE. the Intervenors request full party status in this
proceeding.
Dated: January - , 1990
Respectfu .lly submitte' .
MULCAHY & WHERRY, S.C.
z-> (. L I c
Trum& Q. McNulty
Joseph A. Rice
Milwaukee, Wisconsin 53202
815 East Mason Street
(414) 278-7110
BOARDMAN, SUHR, CURRY & FIELD
Michael G. Stuart
One South Pinckney Street P. 0. Box 927
Madison, Wisconsin 53701-0927
(608) 257-9521
Attorneys for the Intervenors