ORDER GRANTING WAIVER OF SECOND CUSTOMER NOTICE

Issue Date: January 18, 2013 Effective Date: January 18, 2013

On August 14, 2012, W.P.C. Sewer Company (“WPC”) initiated a small company rate increase proceeding requesting an increase in its sewer revenues of $14,483 (approximately 70.9%) per year. On January 11, 2013, the Commission’s Staff filed a Notice of Agreement Regarding Company/Staff Disposition of Small Company Rate Increase Request (“Agreement”) indicating Staff and WPC have agreed to a sewer revenue increase of $10,670 annually (approximately 52.2%). Public Counsel did not join in the Agreement. Revised tariff sheets reflecting the proposed rates in the Agreement were filed by WPC on January 16, 2013. The tariff sheets bear an effective date of March 4, 2013.

On January 16, 2013, Public Counsel filed its position statement and indicated that while it did not agree with Staff’s positions on capital structure and return on equity, that the dollar amounts of those issues were relatively small and that it would not be in the best interest of the ratepayers to oppose the Agreement. Public Counsel observes that if the Commission ends up approving the Agreement that there is no need to force the company to incur the costs associated with issuing a second customer notice, pursuant to Commission Rule 4 CSR 240-3.050(14), and that the final customer notice, pursuant to Commission Rule 4 CSR 240-3.050(22), would be sufficient.

Commission Rule 4 CSR 240-3.050(14) requires WPC to issue a second customer notice no later than 5 working days after filing its proposed tariff revisions, i.e. January 21, 2013. Because the Commission will not have sufficient time to evaluate the Agreement prior to that date, and since the Commission can always direct the issuance of an additional customer notice if required at a later date, the Commission will grant Public Counsel’s request and excuse WPC from the requirement to issue a second customer notice at this time. The Commission will issue a decision on the proposed Agreement after fully considering it.

THE COMMISSION ORDERS THAT:

1. The Office of the Public Counsel’s request for a waiver of Commission Rule 4 CSR 240-3.050(14)’s requirement for a second customer notice to be issued on January 21, 2013 is granted.

2. W.P.C. Sewer Company is excused from the requirement to file a second customer notice at this time.

3. This order shall become effective immediately upon issuance.

BY THE COMMISSION

Shelley Bruegemann

Acting Secretary

( S E A L )

Harold Stearley, Deputy Chief Regulatory

Law Judge, by delegation of authority

pursuant to Section 386.240, RSMo 2000.

Dated at Jefferson City, Missouri,

on this 18^th day of January, 2013.