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Respondent’s attempts to quantify or value Company’s
purported use of the pipeline in terms of a reservation of the
capacity of the pipeline are unavailing. We cannot agree with
respondent that his analysis represents a rational measurement of
Company’s alleged use of the pipeline. In his attempt to
quantify or value Company’s alleged use of the pipeline,
respondent fails to account for the sewage ratepayers’ use of the
pipeline to dispose of their sewage. Nevertheless, in other
parts of his determination he relies upon the sewage ratepayers’
use of the pipeline. Further, respondent’s attempt at measuring
Company’s use is not reconcilable with his characterization of
the pipeline as a sewage facility which was constructed for the
purpose of wastewater disposal. His measurement fails to account
for the presence of this governmental purpose, and, instead,
relies solely on what he views as a reservation of the capacity
of the pipeline. We cannot agree that a reservation of what
respondent agrees is a waste byproduct of petitioner’s sewage
21(...continued)
of the wastewater that is produced as part of petitioner’s sewage
system, and it distributes water to Company for use in its
electricity operations. However, that is not the
characterization that respondent advocates in this case. On the
contrary, he suggests that the pipeline’s purpose is waste
removal and that it does not perform a water distribution
function.
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