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In re: Application for transfer of majority organizational control of Holiday Utility Company, Inc. in Pasco County to Holiday Waterworks Corporation, and amendment of Certificate No. 224-W.

DOCKET NO. 030458-WU


ISSUED: September 12, 2006


On May 23, 2003, Holiday Utility Company, Inc. (Holiday or utility) filed an Application for Transfer of Majority Organizational Control. On March 16, 2004, Holiday filed an amended and restated Application for Transfer of Majority Organizational Control and Amendment of Certificate No. 224-W to add territory in Pasco County. On June 15, 2004, Pasco County filed an objection to Holiday’s restated application for amendment but did not object to the transfer application. As a result, the transfer application was addressed by the Commission at the April 18, 2006 Agenda Conference, and Order No. PSC-06-0380-FOF-WU, issued May 8, 2006, reflects the Commission’s decision on that portion of the docket.
Pursuant to Order No. PSC-06-0463-PCO-WU, the Order Establishing Procedure, issued May 25, 2006, dates were established for a number of prehearing activities, including dates for the prefiling of testimony. According to that Order, intervenor direct testimony is due on September 14, 2006. On August 30, 2006, Pasco County filed a Motion for Extension of Time to File Intervenor Direct Testimony (Motion).
In support of its Motion, Pasco County states that it is not able to prepare its testimony due to Holiday’s failure to meet deadlines and prosecute the matter effectively. Pasco County states that Holiday’s testimony appears to be deficient because the legal description provided does not include any new territory, but only contains territory that the utility is currently authorized to serve. Therefore, Pasco County is unable to properly prepare a response. Pasco County states that it has contacted Holiday and that it does not object to the extension.
Based on the foregoing, Pasco County’s request is reasonable and is hereby granted. Pasco County’s direct testimony shall now be due on October 10, 2006.
Based on the foregoing, it is
ORDERED by Commissioner Katrina J. Tew, as Prehearing Officer, that the Motion For Extension of Time to File Intervenor Direct Testimony is granted. It is further
ORDERED that the new date for submitting Intervenor Direct Testimony shall be October 10, 2006. It is further

ORDERED that Order No. PSC-06-0198-PCO-WU and Order No. PSC-06-0463-PCO-WU is reaffirmed in all other respects.

By ORDER of Commissioner Katrina J. Tew, as Prehearing Officer, this  12th day of September, 2006.

/s/ Katrina J. Tew


Commissioner and Prehearing Officer

This is a facsimile copy. Go to the Commission's Web site, or fax a request to 1-850-413-7118, for a copy of the order with signature.

( S E A L )


The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought.
Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing.
Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25-22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Director, Division of the Commission Clerk and Administrative Services, in the form prescribed by Rule 25-22.060, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure.

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