PSC schedules follow-up after staff, OPC and MDE urge Amelano to maintain water service in Frederick County

Commissioner Chuck McLean convened a Public Service Commission proceeding on Nov. 7, 2023 in Case No. 9830 to consider the intended abandonment of service by Amelano Water Company Inc. to the Amelano Manor subdivision in Frederick County and set a status conference for Dec. 12, 2023.

The commission heard a unified position from staff, the Office of People’s Counsel (OPC) and the Maryland Department of the Environment (MDE) that Amelano should continue supplying water while parties explore options, including a potential transfer to a new owner. "We had received a letter ... that Kim Fisher, and Amelia Fisher ... were preparing to send a letter to their tenants, notifying that they should vacate within 60 days," Jennifer Purvis, appearing for commission staff, said. Purvis told the commission MDE confirmed the Fishers did not send that notice after staff and OPC filed petitions.

"At this point, staff's position is that the commission should reiterate the directives in its November 4 order," Purvis said, summarizing staff's request that Amelano be directed to continue operating until ordered otherwise, respond to data requests from staff and other parties, and participate in discussions with technical staff, OPC, MDE, Frederick County and the City of Frederick about a possible transfer. Purvis also urged that the commission hold in abeyance any determination on civil penalties or revocation of Amelano's franchise while those discussions proceed.

Pauline Racy of the Office of People's Counsel said OPC agreed with staff's position and praised staff's overview. James Phillips Farley, representing the Maryland Department of the Environment, told the commission that "any discontinuation of water service by Amelano under any circumstance in the department's view would precipitate an immediate health and sanitary problem for their customers because they would not only be unable to drink, bathe, or cook, they would also be unable to, among other things, flush their waste." MDE said that public-health consequences are the reason it supports keeping service in place until a durable solution that protects customers is found.

Commissioner McLean asked whether MDE, the city or county had recent contact with Mr. Fisher; staff reported that MDE's Gilbert Lookingland and Barbara Weber have been in contact with Mr. Fisher and that Rachel Gray, attorney for the City of Frederick, intended to participate but was occupied with election duties. On the technical condition of the system, Purvis said Barbara Weber had advised that "significant upgrades are needed" and that MDE technical staff could provide more detailed information.

McLean asked the parties to "put their heads together," including the city, county and Mr. Fisher, to see what progress they could make and to report back in about a month. He set the next status date for Dec. 12, 2023. OPC suggested that a facilitator could be helpful in the discussions; MDE noted it has existing relationships with local officials and Mr. Fisher and could play a coordinating role, while leaving open the possibility of a third-party mediator later.

The hearing record shows no formal vote or motion was taken at the Nov. 7 proceeding. The commission left in place the direction that Amelano continue providing service unless and until the commission or a court orders otherwise and asked parties to report progress by the December status conference.