Defective is as defective was. LHEUC’s 2 appeals of the SCC’s February 2006 order nullifying the changes to its rates and rules were rejected. On 3/14/06, the SCC made final its Order requiring LHEUC to refund the overcharges. The SCC did extend the deadline to pay refunds from May 1, 2006 to August 31, 2006. LHEUC also has to provide an accounting of refunds to the SCC by that date. Homeowners are entitled to a refund of $40.50 per month for each month they were overcharged. Anyone who overpaid the tap fee is entitled to a refund of $7,032 for each lot. Refunds have to be paid with interest.
That’s one view of the 2 petitions LHEUC filed with the SCC asking the state agency to revise its late February ruling. On 2/28/06, LHEUC filed with the SCC a Petition for Reconsideration in an attempt to reverse the SCC’s 2/23/06 decision nullifying LHEUC’s recent rate increase and proposed changes to its rules. Then, apparently sensing that its first petition just wasn’t persuasive, LHCC filed a second petition. Then, on the next business day, LHEUC re-filed this petition as its slightly modified second petition. Under Virginia’s Administrative Code, the SCC’s order is under the control of the Commission and subject to modification for a period of 20 days, or until mid-March.
Some words just sound bad, particularly if you’re a board president who insisted right up until the very end that everything was done the right way. Nullify is a bad sounding word. Defective doesn’t have a good ring to it, either.
On November 3, 2005 LHEUC announced an increase to the monthly rate that homeowners would pay for water/sewer service and an increase to the tap fee that builders or other lot owners would pay to be able to connect to the Utility’s lines. No change was made to the availability fee that Buildable Lot owners pay who have access to water/sewer but do not use it.
In case anyone needed further proof that the LHCC board thinks Membership Lot owners don’t count, they got it with LHCC’s efforts to change the Utility’s tariff.
On November 3, 2005 LHEUC announced an increase to its rates. But that’s not all they tried to do. In addition to these rate changes, the company’s notice proposed a major change to Rule 16, a provision of the company’s tariff filed with with the Virginia State Corporation Commission. Rule 16 applies to extensions of mains, something of vital concern to Membership Lot owners that do not have utility service.