On August 17, 2009 HTTA, represented by PULP, filed its Reply to the owner's Comments. HTTA argued that
- A stay of submetering should be granted because multiple violations of the Commission’s prior submetering order which existed when submetering began still have not been corrected,
- No valid agreements exist between the owner and Hazel Towers tenants for the provision of electric service containing PSC-approved rates, terms and conditions of service,
- The Commission cannot now retroactively approve unfiled charges, rates, terms and conditions for electric service
- The process for remediating such violations requires Commission attention due to the appearance of regulatory capture by the regulated industry.
The Commission should reject Nelson Management's effort to paper over the dog's breakfast of its botched and unlawful implementation of submetering, and issue a stay of further charges for submetered service until new tariffs or contracts containing approved rates, terms and conditions are filed and approved.In response to the owner's contention that the Petition should be dismissed because issues raised in the Petition are being handled by the OCS, HTTA pointed out that the head of the OCS hearing office refuses to consider the issues, and attached a copy of a motion seeking his recusal.