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IN RE WAIKOLOA SANITARY SEWER CO., INC.

No. 25087.

125 P.3d 484 (2005)

109 Hawai`i 263

In the Matter of the Application of WAIKOLOA SANITARY SEWER COMPANY, INC., dba West Hawai`i Sewer Company, for Approval of Rate Increases and Revised Rate Schedules.

Supreme Court of Hawaii.

As Corrected February 2, 2006.

Attorney(s) appearing for the Case

Alan M. Oshima and Lawrence M. Reifurth (Oshima Chun Fong & Chung), Honolulu, on the briefs, for applicant-appellant.

Michael Azama, on the briefs, for appellee State of Hawai`i Public Utilities Commission.

Laureen K.K. Wong, Honolulu, and John E. Cole, on the briefs, for appellee Division of Consumer Advocacy, Department of Commerce and Consumer Affairs.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by ACOBA, J.

We hold, in this appeal by Applicant-Appellant Waikoloa Sanitary Sewer Company, Inc., dba West Hawaii Sewer Company (Appellant) that (1) because the filed-rate doctrine applies to the Contributions in aid of construction (CIAC) payments provision of the tariff filed by Appellant with Appellee Public Utilities Commission of the State of Hawai`i (Commission), "contributions" collected by Appellant were nonrefundable under the terms...

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