Willistown: Judge Recommends Denial of Aqua's Bid For Sewer Plant

WILLISTOWN TWP— An administrative law judge recommended that the PUC deny Aqua an opportunity to purchase the Willistown Township Sewer Plant for $17.7 million, according to an order available Monday.

Judge Jeffrey A. Watson on April 21 found that Willistown’s relatively new system is well-run and adequately financed, and the affluent township has $20 million.

The case goes to the PUC for a final vote, which is expected this summer.

On Aug. 3, 2021, Aqua filed an application for the sale of the Willistown Sewer Plant with the PUC. The township has approved of the sale.

Subsequently, on Feb. 7, the Concerned Willistown Sewer Customers, a citizens' group, appealed the decision before a PUC hearing board.

Aqua is reviewing the recommendation, according to Krista D. Weeks, Aqua manager of business development.

"While we are disappointed with the administrative law judge's recommendation, we also recognize that the final decision will be made by the Public Utility Commissioners," Weeks said. "We remain optimistic that the commissioners will see the long-term customer benefits of the transaction."

Henry Yordan, a member of citizen's group, said about three dozen members testified against selling the sewer plant during a public hearing in February.

Watson sided with the citizens' group, ruling that the sale of the Willistown sewer system would harm Aqua's existing water and wastewater customers and provide few public benefits. The decision is available on the PUC website here.

The current average sewer bill of a Willistown resident is $63.30 per month. Aqua submits the average bill will go up $54.65 a month with the change.

The plant serves 2,294 households. The remaining 2,000 households have septic tanks.

A 2016 Pennsylvania law encourages municipalities to sell sewer plants.

The Concerned Willistown Sewer Customers said in a prepared statement that they are grateful for the judge's ruling.

“We are gratified that Judge Watson has affirmed that our positions and arguments are supported by the evidence and has recommended that the Public Utility Commissioners deny Aqua’s application to purchase the Willistown Wastewater Sewer Plant.”

The group thanked the state Office of Consumer Advocate, for helping the citizens’ group navigate the legal process that allows ordinary citizens to contribute to the deliberations despite lack of legal training.

According to the conclusion of Watson's 220-page opinion:

“Aqua failed to establish that the sewer system under Aqua’s ownership will affirmatively promote the service, accommodation, convenience, or safety of the public and the evidence did not establish that any benefit to be realized from the proposed transaction would outweigh the harms to current Aqua water and wastewater customers or existing Willistown sewer customers.”