GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES PUBLIC SERVICES COMMISSION Docket No. 289 Order No. 04/2012 IN RE LEVELIZED ENERGY ADJUSTMENT CLAUSE OF THE VIRGIN ISLANDS WATER AND POWER AUTHORITY a ORDER WHEREAS, on September 1, 2011, the Virgin Islands Water and Power Authority (hereinafter, “WAPA” or the “Authority”) filed a petition with the Virgin Islands Public Services Commission (hereinafter, “PSC” of the “Commission”) seeking to decrease the Levelized Energy Adjustment clause (““LEAC”) water factor from $14.33 to $14.07 per kGal for the period of October 1, 2011 to December 31, 2011; and WHEREAS, on September 21, 2011, the Authority submitted an amended petition to the Commission seeking an increase in the water factor from $14.33 to $21.10; and WHEREAS, the Commission, through its staff and consultants, conducted a thorough review, conducted discovery, held meetings with the executive management of the Authority concerning the proposed water LEAC rate and submitted a report to the Commission on September 27, 2011; and WHEREAS, on September 27, 2011, the Commission met in special session at the Board of Education Conference Room located at No. 8 Estate Ross, Barbel Plaza South, St. Thomas, U.S. Virgin Islands; and WHEREAS, the Commission voted to postpone its decision on the water LEAC, in order to give the staff and the Authority additional time to review the recommendations for the Water LEAC; and WHEREAS, the Commission, through its staff and consultants, conducted a thorough review, discovery, held meetings with the executive management of the Authority concerning the