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5 N.J.A.R. 411

Park Ridge for an Increase in Water Rates, In the Matter of the Petition of the Borough of
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Citation: 5 N.J.A.R. 411
Decision Date: 1980
Synopsis: The Board of Public Works of the Borough of Park Ridge which provides water to consumers in the Borough of Woodcliff Lake filed a petition for an increase in the rates charged for water service. On the basis of a water-supply agreement between the Board of Woodcliff Lake, Woodcliff Lake intervened and moved to have the matter dismissed based on a lack of jurisdiction. Woodcliff Lake asserted that unless the original agreement is discriminatory or establishes an unjust preference, the agreement is not subject to modification by the Board of Public Utilities and thus derivatively the Office of Administrative Law lacked jurisdiction over the matter. The administrative law judge rejected the argument that the Board of Public Utilities was limited to examining agreements between mu- nicipalities only if preferential treatment existed. The judge noted that N.J.S.A. 40:62-85.2 provides that whenever any municipality with a water works furnished water to consumers within any other munici- pality, the supply municipality shall be subject to the same jurisdic- tion, regulation and control of the Board as other public utilities. Accordingly, the administrative law judge concluded that the Board did have jurisdiction to modify the terms of the water supply agree- ment. Walter G. Reinhard, Esq., for petitioner, (Rosen, Gelman & Weiss, attorneys) Margery S. Golin, Deputy Public Advocate (Stanley C. Van Ness, Public Advocate, attorney) William L. Roughton Jr., Assistant Deputy Public Advocate '(Stanley C. Van Ness, Public Advocate, attorney) Birger M. Sween, Esq., for intervenor, Borough of Woodcliff Lake In Re: Park Ridge
Statute(s) Cited: 40:62-85.2