BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION IN THE MATTER OF AN ORDER TO SHOW +) CAUSE AS TO WHY AV WATER CO., LLC ) SHOULD NOT BE FOUND IN VIOLATION OF) THE PUBLIC UTILITY ACT AND ) Case No, 16-00175-UT. COMMISSION RULES AND WHY THE ) COMMISSION SHOULD NOT IMPOSE, ) SANCTIONS AND FINES, AND ANY ) APPROPRIATE RELIEF ) ORDER REQUIRING FILING OF AFFIDAVIT REGARDING NOTICE OF HEARING THIS MATTER comes before the New Mexico Public Regulation Commission upon its own motion; whereupon, being duly advised, ‘THE COMMISSION FINDS AND CONCLUDES: 1. On September 14, 2016, the Commission issued its Order Bifurcating Issues, Setting Expedited Hearing on Potential Penalties and Refunds, and Appointing Hearing Examiner for Remaining issues (“Order Setting Hearing”), In that order, the Commission, among other things, scheduled a public hearing in this case for 1:30 P.M, on October 12, 2016. [Order Setting Hearing, § A.] 2. The Commission also ordered AVW “to serve the Notice attached hereto as Exhibit “A” upon all customers of AVW, at its sole expense, within seven (7) days of the issuance of this Order.” [/d. at T.] In addition, the Commission ordered AVW “to publish the Notice at its sole expense, in at least one newspaper of general circulation in its service territory, no later than eight (8) days from the issuance of this Order.” [Td] 3. The Commission finds that AVW should provide an affidavit affirming that it has complied with the notice requirements of Paragraph T of the Order SettingHearing. If AVW has not complied with the notice requirements, the affidavit should so state and should provide an explanation as to why the notice requirements were not complied with, IT IS THEREFORE ORDERED: A. By no later than 5:00 P.M. on October 6, 2016, AVW shall file in this docket an affidavit by a knowledgeable person affirming that AVW has complied with the notice requirements of Paragraph T of the Order Setting Hearing. If AVW has not complied with the notice requirements, the affidavit shall so state and shall provide an explanation as to why AVW did not comply with the notice requirements, B. This Order is effective immediately. C. This Orde issued by the Chair of the Commission or by a single Commissioner in accordance with 17.1.2.32(B)(2) NMAC. ISSUED at Santa Fe, New Mexico, this 4th day of October 2016. NEW MEXICO PUBLIC REGULATION COMMISSION TELEPHONICALLY APPROVED LYNDA LOVEJOY, COMMISSIONER Order Requiring 2) Filing of Afdavit Regarding Notice of Hearing Case No. 16-00175-UTBEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION IN THE MATTER OF AN ORDER TO SHOW CAUSE AS TO WHY AV WATER CO., LLC, SHOULD NOT BE FOUND IN VIOLATION OF THE PUBLIC UTILITY ACT AND COMMISSION RULES AND WHY THE COMMISSION SHOULD NOT IMPOSE SANCTIONS AND FINES AND ANY OTHER APPROPRIATE RELIEF. Case No. 16-00175-UT CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Order Requiring Filing of Affidavit Regarding Notice of Hearing issued on October 4, 2016 was sent on October 4, 2016 by electronic and by regular mail to the following individuals listed below: Via Email Germaine R. Chappelle Germaine.chappelle@zknet.com; Michelle Henrie michelle@mhenrie.com; Patrick J. Redmond pr@lrpa-usa.com; Mark Luppentatz markiuppelatz(@zmail.com; ‘Thomas W. Olson, tolson@montand.com; Jeffrey J. Wechsler jwechslen@montand.com; ‘Annie Maxfield Annic. Maxfield@state.nm.us; Fred Whistle fivhistle@animasvalleylwe,com; Sharon T. Shaheen sshiahieen(@montand.cam; Bruce Childers juniperridgebuilders@vahoo.com; Bruce Childers CMRA2011@yahoo.com; Joseph Yar vyani@nmag. gov; Cholla Khoury ckhoury@nmag gov; Loretta Martinez Imartinez@nmag.gov; Cydney Beadles-PRC Cycney.beadles@)state.nm.us; Milo Chavez Milo.Chavez@state.nm.us; Vincent DeCesare Vincent, Decesare@istate.nm.us; Russell Fisk-PRC Russell. fisk@state.nm.us; Dinah Vargas urquemediaproductions(@gmail.com; Kalee Grothe jimasvalleywaterprotesters@gmail.com;‘Via First-Class Mail Kyle M. Finch Geoff MeMahon Finch & Olson, P.A. #22 Road 3957 110 E. Amtington St Farmington, NM 87401 P.O. Box 2721 Farmington, NM 87499-2721 Westem National Life Ins.Co. Ana Lazo Tenzer V-P Mig. Lending & Real Estate Brownsten Hyatt Farber Schreck, clo AIG Asset Management LLP 1999 Avenue of the Stars, 3rd 410 Seventeenth St., Suite 2200 Los Angeles, CA 90067 Denver, CO 80202 DATED this 4” day of October, 2016, Elizabeth Astwood Andrea Corp. 22. CR 3957 Farmington, NM 87401 Venture Charters Assoe., Ine. ‘Trustee of Constar Co. c/o State Agent and Transfer Syndicate, Ine. (Venture Charter’s registered agent) 112 North Cunry St. Carson City, NV 89703-4934 NEW MEXICO PUBLIC REGULATION COMMISSION