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HomeMy WebLinkAbout200706192nd response to Final Order No 30315.pdfJohn R. Hammond, Jr., ISB No. 5470 FISHER LAW GROUP, LLP S. Bank Plaza, 5th Floor 101 S. Capitol Boulevard Post Office Box 1308 Boise, ID 83701 Telephone: (208) 331-1000 Facsimile: (208) 331-2400 ,,- i'fi I' I (l " ," ., ,,- /.l.il.I~IJ t"ii ):tL -'I :;~~;' iX:i:~~::~' Attorneys for Applicant BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF SPIRIT LAKE EAST WATER COMPANY, INC., FOR AUTHORITY TO INCREASE ITS RATES AND CHARGES FOR WATER SERVICE IN THE STATE OF IDAHO Case No. SPL-06- SECOND RESPONSE TO COMMISSION FINAL ORDER NO. 30315 COMES NOW Spirit Lake East Water Company ("Spirit Lake" or "Company and hereby files this pleading in response to the Idaho Public Utilities Commission Commission ) requirement that the Company "file a detailed written plan and schedule showing start and completion dates within seven days of the service date of (Order No. 30315), demonstrating a commitment to install a new generator and address system leaks as directed by the Commission in Order No. 30279." Order No. 30315 at p. 5. As stated in previous pleadings, the Company began a leak detection program on May 14, 2007 and has submitted materials to two engineering firms in northern Idaho to provide a design for the installation of a generator sufficient to run the well pump and three booster pumps. The leak detection survey has been completed and a written report regarding the results is attached to this pleading. See Exhibit A. Based on B & B Sani SECOND RESPONSE TO COMMISSION FINAL ORDER 30315. - 1 Services' report, Spirit Lake will begin work to pinpoint and repair leaks immediately. In addition, CBSI, the operator of the Company, has attached a short narrative to this report containing an update on what has been repaired to date and its findings during the leak detection survey. Spirit Lake is working with Inland Northwest Consultants and AEI, Inc., two engineering firms, to create a design for the installation and operation of a standby generator capable of operating the Company s well pump and three booster pumps. Spirit Lake has been advised by its engineers that it will have engineering plans for installation of the standby generator to the Company before the end of the week for its review. These plans will be submitted to DEQ for its review and approval on or before June 30, 2007. In addition, the Company submits a signed copy of the Consent Order that Spirit Lake entered into with the Idaho Department of Environmental Quality ("DEQ") to address system deficiencies. See Exhibit B. DATED THIS 19th day of June, 2007. SPIRIT LAKE EAST WATER COMPANY By: SECOND RESPONSE TO COMMISSION FINAL ORDER 30315. - 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY That I have, this 19th day of June, 2007, caused to mailed a true and correct copy ofthe foregoing document to the following by U. S. Mail, Postage Prepaid thereon, in the following indicated manner: Weldon B. Stutzman Deputy Attorney General Idaho Public Utilities Commission 472 West Washington Street P. O. Box 83720 Boise, Idaho 83720-0074 U. S. Mail Hand Delivery Facsimile SECOND RESPONSE TO COMMI~SION FINAL ORDER 30315. - 3 '-""'ClII I ":,, II IIIIYt:1 LU~-b~ (-1 ~t1j B&B SANI SERVICES June 12, 2007 VaJve Survey - Spirit Lake East Water System As requested by Dean Renninger, B & B Sani Services performed a valve survey on the Spirit Lake East Water Distribution System. We performed a series oftes'ts on the valves to determine the following: 1) The condition of the valves-whether they open and close properly. 2) To ascertain whether or not the valves are cutting water and isolating a portion of the system when in the closed position. 3) To see if a high volume of water is going through the lines at the time oftesting. We were able to evaluate the majority of the system; however we could not do a thorough inspection because we were unable to locate the following areas: Between Liberty Drive and Kelso Drive Between Liberty Drive and Newman Drive Between Coeur d' Alene Drive and Blanchard Circle Two valves around Coeur d' Alene Drive and Pend Orielle In the locations where we were able to test, the following areas showed possible leaks: Well House to Liberty Road, which has an 8 inch valve with 8 inch piping; Sandpoint Circle and St. Joe Drive, which has a 6 inch valve and 6 inch piping;:r St. Joe Drive and St. Maries Circle, which has a 4 inch valve and 4 inch piping. In all three of these locations, sound readings of.3 and .4 were high, indicating a possible leak. All other valves located in the system appear to have nonnal readings, which are approximately .1 to .2. Anything higher points to a possible leak, and should be considered an area of concern. We would recommend further evaluation in these aTeas. In conclusion, our inspection of the system showed that overall most of the valves were within the normal range of.1 to .2. However, we recommend a more intensive inspection be performed in those areas that showed an elevated range of .3 to which should o. Box 2575 . HAYDEN, IDAHO 83835 ID 208f772-3566 WA 509/747-3728 FAX: 208n72~5187 EXHIBIT " uU," IVV' 11.'-'..,.0 Ut:dll I"\erlrllrlger LUCS-bCS (-1 bc\:; include finding lost valves, as well as an inspection of the lines between valves and other areas which could hold possible leaks in the system. In addition, it should be a priority to find the areas where we could not locate valves for testing-it is part of understanding the system. If you would like our help in further researching this system to determine the size of the leaks, and help prioritize how and what issues need to be addressed, we "vauld be happy to assist you in any way we can. Sincerely, Brian Wells Manager ---. ,- , "~,~~~"'" "o,"""~o, A. Valves unable to be located l.Liberty at Kelso (north valve) Coeurd'Alene Dr. at Blanchard Circle. Coeurd'Alene Dr. at PendOrielle(North valve) Coeurd'Alene Dr. at PendOreiUe(South valve) Liberty at Newman B. Valves with normal sound readings of a .1 to . Liberty at Spokane Circle 2-Liberty at Spokane Circle ( north side) Liberty at Priest River (north valve) Liberty at Priest River (south valve) Liberty at Hayden Dr. (north valve) Liberty at Hayden Dr. (south valve) Liberty at Hayden Dr. (east valve) Liberty at Kelso ( south valve) Coeurd'Alene at Fernan 10.CoeurdAlene at Spokane Circle 11.CoeurdAlene at Priest River Dr.(north valve) I2.CoeurdAlene at Priest River Dr.(south valve) 13.Blanchard Circle ( west side of circle) I4.CoeurdAlene at Kelso Dr. 15 .CoeurdAlene at Newman I6.CoeurdAlene at Tahoe I7.Newman at St. Joe Dr. (north valve) I8.Newman at St. Joe Dr. (south valve) I9.Newman at Tahoe 20.Sandpoint circle and CoeurdAlene Dr.( west valve) 21.Sandpoint Circle and CoeurdAlene Dr.( east valve) 22.PendOrielle Dr. and Skyhawk (south valve) 23.PendOrielle Dr. and Skyhawk (west valve) 24.St Joe and Skyhawk (north valve) 25.S1 Joe and Skyhawk (east valve) 26.St Joe and Kelso 27.Kelso and Spirit Dr.( south valve) 28.Kelso and Spirit Dr. ( north valve) 29.Kelso Dr. at Dead End JO.St. Joe Dr. at Dead End. 31.Hayden Dr. (lots 43 and 46 ) 32.East Hayden Dr. (lot 52 and 54 ) 33.Hayden Dr. between lot 44 and 45 LUO-UO I - I :.JOJ fJ. :.J Jun IOUI 11:::J:::Ja uean Kennmger LU~-btS (-J ~t1;j C. Valves with higher sound readings Liberty Dr. at Well House Sandpoint circle and St. Joe Dr. (North valve) St Joe and St Maries Circle Jun Hj ,U( 11:b4a LJean Renninger 208-687-1 583 CONSTRUCTION SA CKHOE SERV'CE~ INC. CBS I O. Box 920 Rathdrum, Idaho 83858 208-687-0802 208-687-1583 fax SPIRIT LAKE EAST OPERATIONS UPDATE CBS!, ,,'lith approval from Spirit Lake East Water Co., has been working diligently not only on the leak detection program but on many other projects at Spirit Lake East as well and would like to offer an update on current and or finished projects as well as a plan for future projects that will be completed in the short term. During the week of June 11 2007 there were repairs/replacements made on two separate service lines in the Treeport area with one more to follow this week. All three repairs consist of replacing the service Hnes from the meter all the way back to the main line saddle. Along with the Treeport repairs, there were also two valve box locations that were previously inaccessible, excavated and repaired, as well as a leaking meter on Fernan Drive. Last week CBSI also met \Vith N.W. Hydrotech at a pressure reducing valve in SLE that feeds the Treeport area of the system, to discuss the possibility of putting it back into use. Upon inspection it was noted that not only did the existing valve need to be repaired but a ne',',' bypass valve also needed to be installed. Spirit Lake East Water Co. immediately gave approval and parts have been ordered with work scheduled for Friday June 22, pennitted all necessary equipment arrives. During the week of June 18, 2007 CBSI will be ca1ling in for locates and will begin excavation on the areas that were noted in the valve survey as being locations for potentialleaks. We will also be following up on any valves that we were previously unable to locate as we have purchased a more sensitive locating device that may help us to pinpoint the location of these "missing" valves. -.Juri IOUI 11::J::Ja uean Kennlnger 208-687-1583 CONSTRUCTION BACKHOE SERVICE~ INC. CBSI o. Box 920 Rathdrum, Idaho 83858 208-687-0802 208-687-1583 fax Val ve Survey Spirit Lake East Liberty and Well site drive 8" gate valve open ..4 reading Leak possible 40 yards west of valve Liberty and Spokane Circle 8" valve open position looped .2 reading Liberty and North side of Spokane Circle 8" valve open looped .2 reading Liberty and Priest River Drive South valve 6" gate dead end in open position .2 reading North valve 6" gate looped - unable to operate .2 reading Liberty and Hayden South valve 6" gate valve looped in open position .2 reading North valve 8" gate closed looped no reading East valve 8" open looped .2 reading Blanchard Circle Coeur d Alene and Hayden 6" gate valve looped large rock in valve box .1 reading and percolating Blanchard Circle and Coeur d Alene Dr. Unable to locate valve North Priest River Drive and Coeur D Alene North valve 3" gate open dead end South valve 4" gate open looped .2 reading Coeur d Alene and Fernan 8" gate valve looped open .1 reading Spokane Circle N of Coeur d Alene Drive 4" gate valve dead end not operable .1 reading Jun 18 07 11:55a Dean Renninger 208-687-1583 CoeUI d Alene and Priest River Dr. 3" vaLve north facing open Looped reading .2 4" valve south facing open looped .2 reading Sky hawk and Pend Orielle Drive West vaLve 4" gate open looped .2 reading South valve 6" gate open Looped .2 reading St. Joe and Skyhawk East vaLve 4" open looped .1 reading North valve 6" open looped .l reading Sandpoint Circle North valve 6" open looped .2 reading West valve 6" open looped .4 reading (pressure reducing valve near in vault bypassed) East valve 6" open looped .2 reading Pend Orielle and Coeur D Alene North vaLve 6" unable to locate South valve 4" unable to locate NeVvman and Coeur D alene 6" gate valve open looped .2 reading Kelso and Coeur d ALene 4" gate valve open looped reading. South 81. Joe Blow off - closed /dry dead end .1 reading StJoe/ St. Maries Circle 4" gate valve open Looped .3 reading Spirit and Kelso 6" gate valve facing west open looped .1 reading 6" gate valve facing north closed looped .2 reading Kelso Drive Blow off 2" closed dead end.1 reading Kelso and St. Joe 4" gate valve open looped .2 reading Jun 18 07 11:55a Dean Renninger 208-687-1583 Coeur d Alene 5655 frost free - to test if line fed between valve and pressure reducing valve 90psi no change Coeur d Alene (Sandpoint Circle and Tahoe) - 63 psi holding as valves were operated and closed Coeur d Alene (Sandpoint circle to Fernan) - 48 psi tested on Feman drive. Valve, no noticeable leak however there is a known leak at Blanchard circle. South Priest River Dr and Liberty to N. Priest River and CDA- tested at 48 psi dropped to 46.5 psi when valve on liberty was turned down. When valve was reopened on liberty rose to 53.5 psi. Tahoe from Newman to CDA - 60 PSI held constant while both valves were open and closed Hayden Drive from south liberty to CDA - 45 psi dropped to 42 but held as valves were operated to closed position then back up to 45 Kelso Rd from Liberty to CDA - unable to locate valve on liberty and Kelso Ne\\oman ITom CDA to Liberty - unable to locate valve on Newman and Liberty. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALl1Y In the matter of:CONSENT ORDER Spirit lake East Water Company, an Idaho Corporation PWS#: ID1280176 Idaho Code 9 39-108 1. Pursuant to the Idaho Environmental Protection and Health Act, Idaho Code 9~39-101 through 39-130, the Idaho Department of Environmental Quality (the Department" or "Agency) enters into this Consent Order with Spirit Lake East Water Company, Inc., an Idaho corporation , (" Spirit Lake" or the "Company ) (collectively theParties), a community public water system serving 287 connections and approximately 650 persons in Kootenai and Bonner Counties, Idaho.2. Residents of Spirit lake experienced a loss of water pressure during the dates of December 14 2006 through December 16 2006, that was a result of an extended power outage in the region and the failure of the Company s standby generator tooperate properly during this outage. The Department has alleged this loss of waterpressure is a violation of the Idaho Rules for Public Drinking Water Systems ("Rules ), ' IDAPA 58.01.08.552.01.i., as well as being a threat to public health.3. In November of 2006 the Department was made aware that up to 60% of the water pumped from Spirit lake s well in 2005 and 2006 was unaccounted for which wasalleged by a spreadsheet entitled "Spirit lake East Well Production, Electric Use andMetered Consumption Analysis" provided to the Department by Idaho Public Utilities Commission Staff. The Department has alleged that the Company s excessive waterloss is a violation of IDAPA 58.01.08.542.10.4. Residents of Spirit lake experienced another loss of pressure and complete loss of water from March 15 2007 to March 16 2007. The Department was notified by DeanRenninger, the operator for Spirit lake, the loss of pressure was due to failure of thewell pump and the auto-dialer notification system. The Department alleges that thepumping and electrical systems for the facility are defective or inadequate. The Department issued a Notice of Violation on April 11 , 2007 for violations of minimumquantity and minimum pressure requirements , which are violations of IDAPA 58.01.08.552.01. SPIRIT LAKE GONSEN=r ORDER - 1 EXHIBIT 5. The Department has also alleged that Spirit Lake s reservoir roof is not slopedadequately for drainage and that this condition is a violation of IDAPA 58.01.08.544.as amended on March 30 , 2007.6. In order to resolve this matter without litigation or further controversy, and without admission of fact or liability, Spirit Lake agrees to the provisions of this Consent Order and the following terms and actions: 7. By June 30 2007, Spirit Lake shall submit to the Department for approval a written detailed Public Water System Corrective Action Plan ("CAP Plan ), prepared byan Idaho licensed professional engineer, with a specific time schedule that describesactions Spirit Lake will take to address the alleged violations identified in Paragraphs 2 through 5 of this Consent Order. The Department will review the CAP Plan todetermine compliance with applicable facility standards and engineering standards of care , as well as the time schedule. In regards to determining,compliancewithapplicable'facility standards and engineering standards of care, as long as CAP Plan complieswith applicable facility and design standards, the Department shall not substitute itsjudgment for that of Spirit Lake s design engineer concerning the manner of compliance with design standards. The Department expressly reserves the right to modify the time schedule as may be appropriate to protect the health of the Spirit Lake customers. Upon the Department's written approval of CAP Plan it shall be incorporated by reference into this Consent Order and be enforceable as provided by applicable law, Spirit Lake shall complete the items outlined in CAP Plan within the approved time . schedule. CAP Plan shall include: a. A detailed plan and schedule for the installation of a replacement generator capable of running the submersible well pump and the three centrifugal water pumps used to pressurize the water distribution system to ensure compliance with IDAPA 58.01.08.552.01;b. The development and implementation of a maintenance program to ensure that the replacement generator is inspected I test operated on a routinebasis, and that all components, including back-up, spare parts , and stand-items are in operating condition to ensure compliance with IDAPA 58.01.08.501.07.a and 58.01.08.552.01; c. A detailed plan and schedule to evaluate and address any and all deficiencies associated with the electrical and pumping systems to ensure compliance with IDAPA 58.01.08.501., 58.01.08.552., and58.01.08.541.03. d. A detailed plan and schedule for conducting a leak detection survey of the entire Spirit Lake drinking water system performed by a professional leak detection company providing written survey results to the Department which , at aminimum, identify the location and estimated intensity of all leaks detected to ensure compliance with IDAPA 58.01.08.542.10; and SPIRIT LAKE CONSENT ORDER - 2 i - e. A plan and schedule to repair the reservoir roof to ensure that the roof is watertight, that ponding of water on the roof is eliminated, and that the roof is sloped so that water drains off the surface to ensure compliance with IDAPA 58.01.08.544.09, as amended on March 30, 2007. 8. By December 1, 2007, Spirit Lake shall submit to the Department for approval a written CAP Implementation Plan ("Implementation Plan ) prepared by an Idaho licensed professional engineer concerning a schedule and budget for correcting the leaks identified in the survey from Paragraph 7.d. of this Consent Order to ensure compliance with IDAPA 58.01.08.542.10. The Department will review the Implementation Plan to determine compliance with applicable facility standards and engineering standards of care, as well as the time schedule. In regards to determining compliance with applicable facility standards and engineering standards of care, as long as the Implementation Plan c9mpiies with applicable facility and design standards, the Department shall not substitute its judgment for that of Spirit lake s design engineer concerning the manner of compliance with design standards. The Department expressly reserves the right to modify the time schedule as may be appropriate to protect the health of the Spirit Lake customers. Upon the Department's approval of the Implementation Plan , it shall be incorporated by reference into this Consent Order and be enforceable as provided by applicable law. Spirit Lake shall complete the items outlined in the Implementation Plan within the approved time schedule. 9. If CAP Plan is approved by the Department and satisfies the requirements of the Implementation Plan , the Company shall be excused from filing the Implementation Plan. 10. Civil penalties of TWO THOUSAND DOLLARS ($2 000) assessed in the April , 2007 Notice of Violation issued to Spirit Lake will be resolved as follows: By June 1 , 2007 Spirit lake agrees to pay to the Department $2 000. b. Payment(s) shall be made payable to the Idaho Department of Environmental Quality and shall be submitted to: Idaho Department of Environmental Quality Financial Management Attn: Drinking Water Penalty Payment 1410 N. Hilton Boise, Idaho 83706 11. Document Submittal and Review Process. Unless otherwise set forth specifically herein, the following document submittal and review process shall be followed regarding submittals requiring Department approval. a. Within thirty (30) calendar days of receipt of Spirit lake s submittal , the Department shall notify Spirit lake in writing that the document is either SPIRIT LAKE CONSENT ORDER - 3 approved or not approved. If the document is not approved, the Department willnote the deficiencies with the document along with its recommended changes and submit these in writing to Spirit Lake. b. If the Department does not approve Spirit Lake s submittal , Spirit Lakeshall have thirty (30) calendar days from receipt of the Department's notificationto submit a revised document to the Department that addresses the Department's noted deficiencies.c. Failure to submit any required document within the applicable time deadlines herein is a violation of this Consent Order. d. Once the Department approves any submittal by Spirit Lake it shall be incorporat-:;, by reference into this Consent Order and be enforceable asprovided by applicable law. 12. Once: ,;tions outlined in this Consent Order have been completed, including thc~ "'" .. 1ed in the CAP Plan and the Implementation Plan, and theDepan:ii II;', ...ider nines that Spirit Lake s public drinking water system is in compliance with all applicable Rule requirements, the Department shall withdraw its disapproval desi"""'-'1r"1 ...",. or APA 58.01.08.007. 13. All communications required of Spirit Lake by this Consent Order shall be addressed to: Stephen Tanner, Drinking Water Supervisor Department of Environmental Quality 2110 Ironwood Parkway Coeur d'Alene , Idaho 83814 14. AU notices, reports and submittals required of the Department by this Consent Order shall be addressed to: Raymond Hanson President Spirit Lake East Water Company E 15807 Indiana Avenue Spokane Valley, WA 99216 and John R. Hammond, Jr. Batt & Fisher, LLP O. Box 1308 101 South Capitol Blvd, Suite 500 Boise , Idaho 83701 , , SPIRIT LAKE CONSENT ORDER - 4 15. This Consent Order shall not in any way relieve Spirit lake from any obligation to comply with any provision of the Idaho Rules for Public Drinking Water Systems or any applicable local, state, or federal laws. 16. The Parties expressly recognize that failure to comply with the terms of this Consent Order may result in district court action seeking specific performance of this Consent Order, assessment of costs and expenses, restraining orders, injunctions damages, and other relief as the court considers just and reasonable under the circumstances. 17. If any event occurs that causes, or may cause~ delay in the achievement of any requirement of this Consent Order, Spirit lake shall notify the Department in writing within fifteen (15) days of the date Spirit lake knew, or should have known , of the delay. Any notice under this paragraph shall describe in detail the anticipated length of the delay, all anticipated consequences of the delay, measures taken by Spirit lake to prevent or minimize the delay, and a timetable by which those measures shall be implemented. Spirit lake shall utilize all reasonable measures to avoid or minimize any such delay. If the Department determines that the delay or anticipated delay in achieving any requirements of this Consent Order has been or will be caused by circumstances beyond the reasonable control of Spirit lake, the Department shall grant an extension of time for completion of any requirement of this Consent Order. The burden of proving that any delay is caused by circumstances beyond the reasonable control of Spirit lake shall rest wholly with Spirit lake. 18. This Consent Order shall remain in full force and effect until Spirit lake provides the Department with written notice from an Idaho licensed professional engineer that the Company has completed the items in paragraphs 7 and 8 of this Consent Order as called for in the Department-approved CAP Plan and Implementation Plan. If the Department determines that all Consent Order items have been completed, the Department shall acknowledge in writing that the Consent Order is terminated and that Spirit lake has fulfiUed the requirements of the Consent Order. 19. 'This Consent Order shall bind the Parties , their successors and assigns, until terminated in writing by the Department. 20. The Consent Order constitutes the entire agreement between the parties and may not be amended , supplemented , or modified, except as provided herein. 21. No changes , additions, modifications, or amendments of this Consent Order shall be effective unless they are set out in writing and signed by the parties hereto. 22. This Consent Order may be executed in two or more counterparts, each of which shall be deemed an original , but of which shall constitute one and the same instrument. 23. A waiver by the Department of any provision, term , condition , or requirement of this Consent Order shall not constitute a waiver of any other provision , term, condition, or requirement. Any such waiver shall be in written form. SPIRIT LAKE CONSENT ORDER - 5 24. Each undersigned representative to this Consent Order certifies that he or she is fully authorized to enter into the terms and conditions of this Consent Order and to execute and legally bind such party to this document. 25. The effective date of this Consent Order shall be the date of signature by the Director of the Idaho Department of Environmental Quality. DATED this If\day of 2007. By: ((? a. c;/~ Raymond Hanson, President Spirit lake East Water Company 1-11 DATED this day of ) Wl'\ ("2007. By: ~.;.-.., '---- Tor:iifiarde ty, Director Idaho Department of Environmental Quality. SPIRIT LAKE CONSENT ORDER - 6