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STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. W-1125, SUB 2
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
In the Matter of
Notification of Intent by Outer Banks/Kinnakeet Associates, ) ORDER
LLC, to Begin Operations in an Area Contiguous to Present ) DECLARING
Service Area Providing Sewer Utility Service in Kinnakeet ) UTILITY
Shores Subdivision, Phases 16 thru 22, in Dare County, ) STATUS
North Carolina, and for Approval of Rates )
BY THE COMMISSION: On February 4, 2002, Outer Banks/Kinnakeet Associates,
LLC (Applicant), filed a letter notifying the Commission of its intent to begin operations in
an area contiguous to its present service area and for approval of rates. The Applicant
desires to expand sewer utility service into Kinnakeet Shores Subdivision, Phases 16
thru 22, which is contiguous to its present Kinnakeet Shores service area in Dare County,
North Carolina. The letter requested that an Order Declaring Utility Status be issued in
order to fulfill the filing requirements of the Division of Water Quality (DWQ) before DWQ
will review and approve plans for the proposed sewer system.
The Commission is of the opinion that the request for an Order Declaring Utility
Status should be approved.
IT IS; THEREFORE, ORDERED as follows:
1. That the Applicant is declared a public utility with regards to its plans for the
construction of the public sewer system serving Kinnakeet Shores Subdivision, Phases 16
thru 22, in Dare County, North Carolina, and as such, is subject to the jurisdiction of the
North Carolina Utilities Commission.
2. That the Applicant is authorized to obtain such permits as may appropriately
be issued by the Permit Section of DWQ.
3. That this Order shall not constitute any operating authority, certificate of
public convenience and necessity, or finding by the Commission that the Applicant is the
most feasible franchise holder for the above -referenced service area.
4. That the Applicant shall not acquire title to the public utility property in the
above -referenced service area prior to issuance of a Certificate of Public Convenience and
Necessity pursuant to G.S. 62-110.
ISSUED
This the
rW,2WZ o,
BY ORDER OF THE COMMISSION.
$ day of AtL , 2002
NORTH CAROLINA UTILITIES COMMISSION
Geneva S. Thigpen, Chief Clerk
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