Pennichuck Seeks Dismissal of Case Before Public Utilities Commission; Pennichuck Claims City of Nashua Has Failed to Make Its Public Interest Case.MERRIMACK, N.H. -- Pennichuck Water Works today filed a motion with the New Hampshire Public Utilities Commission New Hampshire Public Utilities Commission (NHPUC) is a New Hampshire state government regulatory agency that regulates and approves some of the charges of electric, telecommunications, natural gas, water and sewer utilities in the state. (PUC (Public Utility Commission) A regulatory body in every state in the U.S. that governs public utilities within its jurisdiction such as electricity, gas, oil, sewer, water, transportation and telephone service. Some states call it the Public Service Commission (PSC). ) in Concord for summary judgment to dismiss the City of Nashua's petition to take Pennichuck Water Works through eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in . The City originally filed its case on March 24, 2004 and was required in that filing to prove that the City has the financial, managerial and technical capability to operate the water system it seeks to take from Pennichuck. After hearing oral arguments in the summer of 2004, the Commission stated, "We agree that Nashua has not filed testimony as required..." However, rather than dismiss Nashua's petition at that time, the Commission required Nashua to file testimony "on its technical, financial and managerial capability to operate the public utilities as requested and how the public interest would be served by the taking." The deadline for submission of this information was November 22, 2004. Since then, the City has testified that it does not plan to run the water system and will instead hire an outside company to do so. Nashua, however, has failed to provide any details regarding its plan. More than 17 months after filing its case and nine months after the City was required to provide information regarding its qualifications to operate the water utility, the City has failed to provide any information about its proposed operator or any operating agreement An operating agreement is an agreement among limited liability company ("LLC") members governing the LLC's business, and Member's financial and management rights and duties. No state requires an LLC to have an Operating agreement. . "For more than two years, since the City began their efforts to take Pennichuck through eminent domain, we have stated repeatedly that they do not have the capacity or even a plan for how they would operate or manage the water utility. That remains as true today as it was two years ago," said Donald L. Correll, CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of Pennichuck Corporation. In its filing, the company stated, "The issue of Nashua's technical, managerial and financial capability to own a water utility that serves over 24,000 customers throughout Southern New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E). is far more than a mere technicality. It goes to the heart of Nashua's case. It is the critical element that Nashua must prove to meet its burden of proof." "To date, the City has spent over $1.2 million to take over Pennichuck, yet for all the time and money spent they still can not answer the most fundamental questions regarding their plan to run our company," said Correll. "Given the City's disregard for the critical steps in this process, one has to question whether the City of Nashua fully understands the magnitude and the complexity of what they are proposing before the PUC." "Next week the company will be presenting oral arguments before the New Hampshire Supreme Court The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. in support of its claim that the City did not have a plan and waited too long to file its eminent domain case. Now, a year and a half after filing their case, the City is still trying to evolve their plan," said Correll. Pennichuck Corporation is a holding company involved principally in the supply and distribution of potable potable /pot·a·ble/ (po´tah-b'l) fit to drink. po·ta·ble adj. Fit to drink; drinkable. potable fit to drink. water in southern and central New Hampshire through its three regulated water utilities. Its non-regulated, water-related activities include operations and maintenance contracts with municipalities and private entities in New Hampshire and Massachusetts. The Company's real estate operations are involved in the ownership, management and development of real estate in the greater Nashua, New Hampshire Nashua is a city in Hillsborough County, New Hampshire, USA. As of the 2000 census, Nashua had a total population of 86,605[1], making it the second largest city in the state after Manchester. As of 2005, the population is estimated to be 87,986. area. Pennichuck Corporation's common stock trades on the Nasdaq NMS See NetWare Management System. under the symbol "PNNW". The Company's website is at www.pennichuck.com. This news release contains certain forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. with respect to the financial condition, results of operations and business of Pennichuck Corporation. Forward-looking statements are based on current information and expectations available to management at the time the statements are made, and are subject to various factors, risks and uncertainties that could cause actual results to differ materially from those expressed or implied by such forward-looking statements. These factors include, but are not limited to, timing and results of eminent domain proceedings before the New Hampshire Public Utilities Commission, and the impact thereof on consolidated business operations Business operations are those activities involved in the running of a business for the purpose of producing value for the stakeholders. Compare business processes. The outcome of business operations is the harvesting of value from assets ; timing and amount of regulated water utility rate relief; changes in general economic conditions, legislation or regulation and accounting factors affecting Pennichuck Corporation's financial condition and results of operations; the timing and impact of acquisitions and new service contracts; and the impact of weather. Investors are encouraged to access Pennichuck Corporation's annual and quarterly periodic reports filed with the Securities and Exchange Commission for financial and business information regarding Pennichuck Corporation, including a more detailed discussion of these and other risks and uncertainties that could affect Pennichuck Corporation's forward-looking statements. |
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