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HomeMy WebLinkAbout20200820SUZ 1-3 to Staff.pdfMichael C. Creamer (ISB No. 4030) Preston N. Carter [ISB No. 8462) Givens Pursley LLP 601 W. Bannock St. Boise, lD 83702 Telephone: (208) 388-1200 Facsimile: (208) 388-1 300 mcc@ eivenspursley. com prestoncarter@ qivenspursley. com I 524521 3 _l .docx [30. I 7 I ] Attorneysfor SUEZ Water ldaho Inc. BEFORE THE IDAIIO PTJBLIC UTILITIES COMMISSION ;:Iil[IVAD lr?rl iiu0 20 PH 2: 35 - - r,rrl tfl:r - :,"(lii.Liu , I t,. ."t li"coul'tiscqloH IN THE MATTER OF THE PETITION OF SUEZ WATER IDAHO, tNC. FOR AUTHORZATION TO ELIMINATE COLLECTION OF GROSS-UP PAYMENTS ASSOCIATED WITH CONTRIBUTIONS IN AID OF CONSTRUCTION CaseNo. SUZ-W-20-01 suEZ WATER IDAHO, INC.',S RESPONSE TO FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF SUEZ Water Idatro Inc. ("SUEZ" ot "Company"), it response to the First Production Request of the Commission Staff dated August 3,2020 submits the information below. Sunz's RrspoNse ro Fnsr PnooucrtoN ReQUEsr oF THE Couutsstott Sr,ur - I SUEZ Water Idaho Inc. suz-w-20-01 REQUEST NO. 1: How many developers have opted to form and operate their own small water systems to serve their developments since the tariff change on June 1, 2018 that allowed the Company to gross-up the amount it charges to developers to account for the taxability of contributions in aid of construction ("CIAC")? RESPONSE TO REQUEST NO. 1: The response to this Production Request is sponsored by Cathy Cooper, Director of Engineering, SUEZ Water Idaho Inc. Based on SUEZ customer contacts described in the Direct Testimony of Cathy Cooper and attached Exhibit 3, SUEZ has knowledge of the following. o One development that significantly decreased its originally proposed home count from twenty homes to three homes to be served by individual wells. This development is identified as the first "Small Developer" on the Partial List of Customers provided in Confidential Exhibit No. 3 to the Direct Testimony of Cathy Cooper. o Another developer chose to rehabilitate its existing well because the developer determined it would be too expensive to connect to the SUEZ system with the additional CIAC tax gross-up charges included in developer costs. This development is not identified on the Partial List of Customers (because of timing) provided in Confidential Exhibit No. 3 to the Direct Testimony of Cathy Cooper, but the development includes 3l individual residences and two commercial properties. o Multiple individual homeowners (our latest count is 2l) have opted to drill their own wells or rehabilitate their existing wells because they couldn't afford to hook SUEZ,s RESPoNSE To FIRST PRoDUCTIoN REQUEST oF THE CouTTaIssIoN STATT - 2 SUEZ Water Idaho Inc. suz-w-20-01 o up. These include those homeowners with identified well issues on the Partial List of Customers provided in Confidential Exhibit No. 3 to the Direct Testimony of Cathy Cooper, and in addition a few more recent similar customer calls. One large development that investigated constructing its own water system in lieu of connecting to SUEZ, but then decided to connect to the City of Eagle municipal system instead. This development is identified as the first "Large Development" on the Partial List of Customers provided in Confidential Exhibit No. 3 to the Direct Testimony of Cathy Cooper. SuEz's REspoNsE To Fnsr PnooucrloN REeuEsr oF TIIE Cotrrulssrcu Srnrr - 3 SUEZ Water Idaho Inc. suz-w-20-01 REQUEST NO. 2: How many developers have opted to receive service from a municipal water system for their developments since the tariff change on June l, 2018 that allowed the Company to gross-up the amount it charges to developers to account for the taxability of CIAC? RESPONSE TO REQUEST NO.2: The response to this Production Request is sponsored by Cathy Cooper, Director of Engineering, SUEZ Water Idaho Inc. SUEZ has knowledge of one large developer that it understands is planning to receive service from a the City of Eagle water system for most of the remainder of its development. This is the same developer identified in SUEZ's response to StaffProduction Request No. 1. A smaller development at the edge of SUEZ's service area also opted to receive service from the neighboring municipal water system operated by the City of Meridian. This development is not included in the Partial List of Customers provided in Confidential Exhibit No. 3 to the Direct Testimony of Cathy Cooper, but included a 5 acre parcel. Sunz's REspoNsE To Fm.sr PRoDUCTToN REeuEsr oF THE CouulsstoN Srerr - 4 SUEZ Water Idaho lnc. suz-w-20-01 REQUEST NO. 3: Please provide a copy ofthe strike-ouUunderline version ofthe current tariffidentified as Exhibit A in the Petition. RESPONSE TO REQUEST NO.3: The response to this Production Request is sponsored by Jannila Cary, Director of Finance, SUEZ Water Idalro Inc. The requested Exhibit A has been submitted to the IPUC on August 6,2020 with SUEZ's "Erratato Petition" to incorporate the missing Exhibit A to the original Petition. A true and correct copy of Exhibit A as filed is also being produced with this Response. SuEz's ItEspoNsE ro Fnsr PRoDUcTIoN RnQursr or rHe Cot IuIssIoN Srerr - 5 SLJEZ lYatcr Idaho Inc. suz-w-20-01 Case Nos. SUZ-W-20-01 PETITION AND REQUEST FORMODIFIED PROCEDURE EXHIBIT A STRIKE OUT TARIFF PAGES SUEZ\r,Iabr ldaho !nc. suz-t\F2Got RESPONSE TO REOUEST NO. 3 Casc Nol. SUZ-I,[-2GO1 PETmON AtlD REOUEST FOR llODlFlED PROCEDURE E(HIBITA-Pago I Sheet No. 1 Replacing all Previous Sheets SUEZ WATER IDAHO INC. SUEZ WATER IDAHO INC. RATE SCHEDULES RULES AND REGULATIONS GOVERNING THE RENDERING OF WATER SERVICE AND WATER MAIN DCTENSIONS SUEZUmrts holm. suz*sa{t RESFo}{SE I]O REOI.,EsT NO. 3 lssued Per IPUC Order No. --XXXXEffective - JanuaqHgrc0fi, XX, 2020 lssued by SUEZ WATER IDAHO lNu. Marshall Thompson, Mce President 8248 West Mctory Road, Boise, ldaho CE t{c. Sl,tr-tE1xll PEITIPT{ AtiE REQUEST FOR l/lODlFlED PROCEUTRE EXHIBITA-PreD2 TABLE OF CONTENTS Title Page Table of Contents Schedules of Rates Schedule Number 1 General Metered Service Schedule Number 14 DEQ Fee Schedule Number 1B Flat Rate Service Schedule Number 1C Brian Subdivision Surcharge Schedule Number 2 Public Hydrants and Street Sprinkling Schedule Number 3 Private Fire Sprinkler and Service Schedule Number 4 Private Fire Hydrant Service Schedule Number 5 Miscellaneous Fees and Charges Schedule Number 6 Municipal Franchise Fees Application for Service Service Connection Meters Meter Setting Meter Testing Bills Discontinuance of Service Customer's Deposits Builder's Temporary Service Fire Protection Miscellaneous Definitions - Water Service Definitions - Water Main Extension Water Main Extensions - Genera! Water Main Extensions - Connection Fees Water Main Extensions - !ndividual Residences Water Main Extensions - Residential Subdivision or Multiple Family Housing Development Water Main Extensions - Commercial, lndustrial, or Municipal Development Special Facilities Non-contiguous Expansion Water Main Extension Agreement, lndividuals, Advances, Refunds Water Main Extension Agreement, Residential, Multiple Family Housing, Commercial, lndustrial, or Municipal Development Residential or Multiple Family Housing Non-contiguous Water System Agreement Sheet Number I 2 3 4 5 5A 6 7 8 9, 9A, 10 11 12 12,13,14 14 14,15 15 16 16,17 17 17,18 1819 1819 4& 19, 20 ?€.21 2pi21 &21,22 z+22,23 2223,24 *23,24 *24,25 25-26 27,28,29, 30,31 32,33,34, 35,36,37, 38,39,40,41 42,43,44, 45,46,47, 48,49,50.S+ Sheet No. 2 Replacing al! Previous Sheets SUEZ WATER IDAHO INC. lssued Per IPUC Order No. _rc(XX Effective -+an++ary-lg, 2020 SUEZ trlabr tsaho lnc. suz-w20{1 RESPONSE TO REQUEST NO. 3 lssued by SUEZ WATER IDAHO lNC. Marshall Thompson, Vice President 8248 West Mctory Road, Boise, ldaho Ce:c Nos. SUZ-!/\F20{1 PET]TION AND REOUEST FOR IT,ODIFIED PROCEIruRE E)(HIBITA. PagB 3 Sheet Ne, 27 85, Applieant(s) shallprevide te the Cempany a gress up payment te eever eentributien and the future tax deduetibility ef the resulting asset, The ealeulatien ef the ing-manner= Corstnrction Cost (C) Customer Deposit wih Tax Gross Up Net ofTax Rate of Retum Combined 21o/oFlf & Sff Rate (T) = lnitialTax Liabilitv Tax Gross Up Factor Calcuhtion of Tax Gross Up Factor: SUEZWater Haho lnc. F=(1-(NPV/C)y(1-n 1.2156Gross Up Factor = 1.00 1.22 9.3073Yo 26.47Yo o.32 Calculation of Net of Tax Rate of Retum and Combined Federal lncome Tax (FlI) and State Tax (Sl'I) Rate: % of Capital Embedded Weighted Rate of Retum 2.28o/o 7.030h 9.31Yo100.00%7.45o/o SUEZWater ldatp lnc- NPV beneft of taxdepreciation (NPV)0.1062 Equity Component of Capital Structure Doucomponent of Capital Structure 53.00%9.75o/o 5.17o/o Sfucture Cost Aw. Cost47.O0Yo 4.85Yo 2.28o/o ( 6.9250/0 + ( 21 .00% ) ' (1 - 6.93% )))( Sff +( FtT )'(1 - StI ))) Combined Fff and Shte Rate 26.47o/o lssued Per IPUC Order No. Effective - June 1,2018 SUEZWabT ldaho lnc suz-w-20-01 RESPONSE TO REQUEST NO. 3 lssued by SUEZ WATER IDAHO lNC. Gregory P. Wyatt, Vice President 8248 West Victory Road, Boise, ldaho Cas6 Nos. SUZ-t\r-20{1 PETITION AND REQUEST FOR MODIFIED PROCEDURE DfiIBITA - Page 4 Sheet No. 27 Replacing all Previous Sheets SUEZ WATER IDAHO INC. Exhibit A INDIVIDUAL RESIDENCE MAIN EXTENSION AGREEMENT C.E.A. No AGREEMENT between SUEZ WATER IDAHO lNC., hereinafter called "Company", and hereinafter called the "Applicant" NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Applicant(s) hereby applies to the Company for the said extension for its system, and the Company agrees to construct the said extension upon the terms and conditions hereinafter set forth in accordance with its Rules and Regulations. Said extension is described as follows and shown on the attached sketch which is hereto made a part of this Agreementl 2. Applicant shall contribute to the Company upon the execution hereof the sum of Dollars ($ ) which amount the Company estimates to be the cost of insta!!ing the said "on'site" extension as described above including overhead cost to the Company such as supervision, engineering, accounting, ineem€+a)b legal expenses and the cost of obtaining any necessary govemmental permits. Any difference between the actual cost and the amount contributed, shall be shown as a revision of the amount of contribution, and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shal! be refened to as the "contributed cost of on-site facilities". lf it is necessary to adjust the amount of Applicant's contribution, in accordance with the terms of this paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of on-site facilities" and shall be attached hereto and made a part hereof. 3. Applicant shall contribute to the Company upon the execution hereof the sum of Dollars ($ ) which amount the Company estimates to be the cost of installing the said off-site main extension including overhead cost to the Company such as supervision, engineering, accounting,jneeme{a;q legal expenses and the cost of obtaining any necessary governmental permits. Any difference between the actua! cost and the amount contributed shall be shown as a revision of the amount contributed and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of off-site mains". lf it is necessary to adjust the amount of Applicant's advance, in accordance with the terms of this paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of off-site mains" and shall be attached hereto and made a part hereof. lssued by SUEZ WATER IDAHO lNC. lssued Per IPUC Order No. Gregery P, Wyatt;MarshallThompson, Vice President Effective - June-1-J0l8xxxx, xx, xxxx 8248 West Mctory Road, Boise, ldaho SUEZWabT ldaho lnc. Carc Noo. SUZ-tt-20{1 Suz-l,lr-20{1 PETffiON AND REQUEST FOR trlODlFlED PROCEDURE RESPOI.ISE TO REQUEST NO. 3 E(HIBIT A . PAgE 5 Sheet No. 33 Replacing all Previous Sheets SUEZ WATER IDAHO INC. RESIDENT]AL, MULTIPLE FAMILY HOUSING, COMMERCIAL, INDUSTRIAL, OR MUNICIPAL DEVELOPMENT WATER MAIN EXTENSION AGREEMENT (continued) B, WHERE THE APPLICANT HAS ASKED THE COMPANY TO PERFORM THE EXTENSION 1. Applicant hereby applies to the Company for the said Extension of its system and the Company agrees to construct the said Extension upon the terms and conditions hereinafter set forth and in accordance with its Rules and Regulations. 2. Applicant shall contribute to the Company upon the execution hereof the sum of ="J.U'Tii3H$lH:::Sffi1ll'ffi 1',['ii:"fi":?'l"",i?"o the Company such as supervision, engineering, accounting,ineeme{a;q legal expenses and the cost of obtaining any necessary govemmental permits. Any difference between the actual and the amount contributed shall be shown as a revision of the amount of contribution and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of on-site facilities". lf it is necessary to adjust the amount of Applicant's contribution, in acco-rdance with the terms of this Paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of on-site facilities" and shall be attached hereto and made a part hereof. 3. Applicant shall contribute to the Company upon the execution hereof the sum of Dollars ($ ) which amount the Company estimates to be the cost of installing the said off-site main Extension including overhead cost to the Company such as supervision, engineering, accounting,ineeme{a.6 legal expenses and the cost of obtaining any necessary governmenta! permits. Any difference between the actual and the amount contributed shall be shown as a revision of the amount contributed and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of off-site mains". lf it is necessary to adjust the amount of Applicant's advance, in accordance with the terms of this Paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of off-site mains" and shall be attached hereto and made a part hereof. 4. The Company will use its best efforts to commence and carry to completion as soon as possible the installation of said Extension, having in mind however, delays which may be occasioned by weather, acts of God or the public enemy, strikes or other matters not within its control. 5. The amount of "contributed costs for on-site" facilities shal! be retained by the Company and booked as a contribution in aid of construction. 6. The amount of "contributed costs for off-site mains" shall be retained by the Company and booked as a contribution in aid of construction. However, an applicant for lssued by SUEZ WATER IDAHO lNC. lssued Per IPUC Order No._ g+eg€ry+-lWyafrMarshall Thompson, Vice President Effective - Jun€++O{€xxxx, xx,2020 8248 West Mctory Road, Boise, ldaho SUEZWbter ldaho lnc. suz-w20{'l RESPONSE TO REQUEST NO. 3 Gase Nos. SUZ-W-20{1 PETMON A}.ID REQUEST FOR MODIFIED PROCEDURE DfiIBITA- PagB 6 Sheet No. 36 Replacing al! Previous Sheets SUEZ WATER IDAHO !NC. RESIDENTIAL, MULTIPLE FAMILY HOUSING, COMMERCIAL, INDUSTRIAL, OR MUNICIPAL DEVELOPMENT WATER MAIN EXTENSION AGREEMENT (continued) wil! require its contractor to comply, via its contract with contractor, with all terms and conditions set forth herein. 3. The Company estimates that ($ ) will be the cost of installing the said "on.s!!e" Extension as described above including overhead cost to the Company such as supervision, engineering, accounting, in€erne+ax-and legal expenses. Any difference between the actua! and the amount contributed shall be shown as a revision of the amount of contribution and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of on-site facilities". lf it is necessary to adjust the amount of Applicant's contribution, in accordance with the terms of this Paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of on-site facilities" and shal! be attached hereto and made a part hereof. 4. The Company estimates that ($ ) wi!! be the cost of installing the said "qfulllg" Extension as described above including overhead cost to the Company such as supervision, engineering, accounting,ineeme-tar<r and legal expenses. Any difference between the actua! and the amount contributed shal! be shown as a revision of the amount of contribution and shall be payable within thirty (30) days of submission. The actua! cost thus finally determined shall be referred to as the "contributed cost of off-site facilities". If it is necessary to adjust the amount of Applicant's contribution, in accordance with the terms of this Paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of off-site facilities" and shal! be attached hereto and made a part hereof. 5. The Applicant agrees to advance to the Company, simultaneously with the execution of this Agreement, the sum of Dollars ($) which represents the cost of the Company's overhead fees, and such items as inspection and testing. Such amount shal! be subject to reconciliation after all such costs are known and the difference shall be either refunded to or collected from the Applicant. 6. The installation shall be subject to the Company's inspection, testing and acceptance, however, absence of such inspection or testing by the Company shal! not relieve the Applicant of any of its obligations. The Company shall require the Applicant and the Applicant's contractor (via its contract with the Applicant) to wanant the work in accordance with Paragraph 15 below. The Company shallfurther require the Applicant and the Applicant's contractor (via its contract with the Applicant) to maintain insurance as follows: lssued by SUEZ WATER IDAHO lNC. lssued Per IPUC Order No._ gregoqf#=Wye+tMarshal! Thompson, Vice President Effective - June 1, 2018xxxx, xx,2020 8248 West Victory Road, Boise, ldaho SUEZWbT ldaho lnc. Case Nos. SUZ-\ r-20{1 SUZ.1'\'-20.01 PETMON AI{D REQUEST FOR MODIFIED PROCEDURE RESPONSE TO REQUEST NO. 3 EffilBlTA - Page 7 Sheet No. 43 Replacing all Previous Sheets SUEZ WATER IDAHO INC. RESIDENTIAL OR MULTIPLE FAMILY HOUSING NON-CONTI G UOUS WATER SYSTEM AG REEM ENT (conti nued) 3. Company shall have the right to conduct, review and confirm, to Company's satisfaction, test results in connection with any and all wells, soil tests, engineering tests, environmental surveys, plans and specifications and/or record drawings, and related studies of the Water Facilities deemed necessary by Company to determine the suitability, in Company's sole discretion, of the Water Facilities for expansion. Should an applicant propose a Development requiring specialfacilities, upgrades, modifications or, if the Development is deemed by the Company to be unusua! or burdened with specia! needs, that existing water system will be looked at independently and the terms of the acquisition will be set forth in an amendment hereto. [Add the following paragraph if Owner is to construct the Water Facilities: 4. lmmediately after the execution of this Agreement, Owner shall diligently proceed to obtain all governmental approvals including, without limitation, all necessary permits, information, and consents required by the appropriate federal, state, or loca! governmental authorities, agencies, or officials to permit the construction, operation and maintenance of the Water Facilities. As soon as practicable, after receipt of such governmental approvals, Owner shall diligently proceed to construct the Water Facilities, as described, or to be described, in the Water Facilities plans and specifications prepared and sealed by a licensed professional engineer and reviewed and approved by the parties hereto. The cost of obtaining all governmenta! approvals, the cost of such plans and specifications, and the cost of the construction of the Water Facilities shall be borne by Owner at Owner's sole cost and expense. At the sole discretion of Company, inspection of the construction of the Water Facilities shal! be conducted by Company. Based on proper advice and consideration, Company may alter the performance from strict adherence to such plans and specifications if based on job site experience, or if adherence to such plans and specifications becomes impractical or infeasible under the circumstances. Company shall be the sole judge as to the adequacy of the Water Facilities. The parties hereto shall cooperate fully with each other and all other parties in connection with each other's efforts hereunder.] [Add the following paragraphs if Company is to construct the Water Facilities: 4 Owner shall Doll contribute to ars Company ) which upon the execution hereof the sum ot arnount Company estimates to be the cost of installing said Water Facilities including overhead cost to Company such as supervision, engineering, accounting,ineeme{ax, !ega! expenses and the cost of obtaining any necessary governmental permits. Any difference between the actual and the amount contributed shall be shown as a revision of the amount contributed and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of facilities.' lf it is necessary to adjust the arnount of Owner's contribution, in accordance with the terms of this paragraph, a supplemental Memorandum will be prepared setting forth the "contributed cost of facilities" and shall be attached hereto and made a part hereof. The amount of said "contributed cost for lssued by SUEZ WATER IDAHO lNC. lssued Per IPUC Order No._ ereg€ry+-+Arya$Marshall Thompson, Vice President Effective - Jun€++O18xxxx, xx,2020 8248 West Victory Road, Boise, Idaho SUEZWhbT ldaho lnc. Casa Nos. SUZ-W-20{1SUZ.T'\'.20.01 PET]TION AND REQUEST FOR MODIFIED PROCEDURE RESPONSE TO REOUEST NO. 3 E(HIBIIA - PAgE 8 Sheet No. 45 Replacing all Previous Sheets SUEZ WATER IDAHO INC. RESIDENTIAL OR MULTIPLE FAMILY HOUSING NON-CONTI GUOUS WATER SYSTEM AGREEM ENT (continued) construction of the Water Facilities. Owner shall warrant to Company in writing that the Water Facilities has been constructed in accordance with the plans and specifications reviewed and approved by Company, and shall provide Company with as-built record drawings of the Water Facilities. Owner shall also warrant the Water Facilities against defects in construction for a period of one (1) year from execution of such warranty. 6. Owner shal! contribute to Company upon the execution hereof the Water Facilities as described above, and shall also contribute overhead costs to Company such as supervision, engineering, accounting, iReeme{arq legal expenses and the cost of obtaining any necessary governmental permits. The actual cost of contribution shall be refened to as the "contributed cost of facilities." The Source of Supply costs shall be refened to and be booked as an advance in aid of construction. All other costs shall be refened to, and be booked as, a contribution in aid of construction. 7. Upon conveyance of the Water Facilities to Company, Company shall be solely responsible for management, maintenance and operation of the Water Facilities. The parties agree that the Water Facilities and associated permits and licenses shall be managed and operated by Company in a manner which is comparable to and consistent with Company's management and operation of its other water utility facilities within the State of ldaho. The parties further acknowledge that Company shall serve all residential customers as a public utility, subject to the jurisdiction of the IPUC. 8. Owner shall prepare and record (prior to the sale of any lot in the Project) perpetual restrictive covenants which include, without limitation, that the Water Facilities is or shall be owned and operated by Company. Company shall cooperate with Owner in the preparation of such restrictive covenants and shall have the right to approve such restrictive covenants prior to recordation. Such approval shal! not be unreasonably withheld. Owner shall cause a notation to be made on any subdivision plat of the Project that states that the Water Facilities is or shall be owned and operated by Company. L lf the Project is served by a non-potable inigation System, appropriate backflow prevention device(s) shall be required to be installed at no cost to Company. Owner shall prepare and record (prior to the sale of any lot in the Project) perpetual restrictive covenants which include, without limitation, that cross-connections are prohibited, and shall delegate to Company the right to inspect such non-potable irrigation system, enforce such restrictive covenants, and to rernove any such cross-connections. Company shall cooperate with Owner in the preparation of such restrictive covenants and shall have the right to approve such restrictive covenants prior to recordation. Such approval shall not be unreasonably withheld. 10. An amount not to exceed Eight Hundred Dollars ($800.00), as more fully described on Attachment No.2 attached hereto, which is subject to modification as Adjusted Average Residential Revenue may change with future rate activity, shall be paid by Company to Owner as soon as practicable after each lot is connected to the lssued by SUEZ WATER IDAHO lNC. lssued Per IPUC Order No.)O(XX e+eg€ry+={Arya$Marshal! Thompson, Vice President Effective - June-+r2O18XXXX, XX, 2020 8248 West Mctory Road, Boise, ldaho SUEZlrr/Sr ldaho !nc. suz-w2041 RESPONSE TO REOUEST NO. 3 Gasc Noe. SUZ-I r-20{1 PETTTION AI.ID REQUEST FOR IIODIFIED PROCEDURE EfiIBITA- PaeB 9 REQUEST NO. 4: Has the Company considered modifuing the water main extension tariffand the application of allowances to address the issue of lower than potential growth due to highupfrontmain extension costs? If so, please explain anymodifications considered andprovide any analysis the Company has performed to evaluate the modifications. RESPONSE TO REQUEST NO.4: The response to this Production Request is sponsored by Cathy Cooper, Director of Engineering,SUEZ Water Idaho Inc. SUEZ has only considered the application of allowances for main extensions to individual residences, where economies of scale can, in certain circumstances, make capital costs associated with service connection disproportionately burdensome. Prior to the inclusion of a CIAC tax gross-up to cover SUEZ's related tax obligation, developer costs under SUEZ's main extension tariffdid not appear to be a disincentive to developer/multiple connections to SUEZ's system, and SUEZ has not considered using allowances in this context. SUEZ views this as a separate issue from the collection of CIAC tax gross-up charges and it has not been considered as part of the CIAC tax modifications being sought here. SuEz's RpspoNsn ro Fnsr PnooucrtoN Rreursr oF THE Couutsstott $1np - 6 SUEZ Water Idaho Inc. suz-w-20-01 REQIIEST NO. 5: The water main extensions section of the tariff states individual residential customers shall receive a $500 Free-Footage Allowance. SUEZ Tarifr Sheet 22,n63. Please indicate all customer classes and/or developers eligible for this allowance. RESPONSE TO REQUEST NO.5: The response to this Production Request is sponsored by Cathy Cooper, Director of Engineering SUEZ Water Idalro Inc. The application of a $500 allowance formain extensions has only everbeen applied to individual residences. Suez's REspoNsn lo Fnsr PRoDUcrroN REeuEsr or rnn ComnsspN Surr - 7 SUEZ Water Idaho Inc. suzw-20-01 REQUEST NO. 6: Please provide an explanation and workpapers showing how the Free- Footage Allowance in SUEZ Tarifl Sheet 22, is calculated for water main extensions. RESPONSE TO REQUEST NO. 6: The response to this Production Request is sponsored by Cathy Cooper, Director of Engineerin g, SUEZ Water Idaho lnc. SUEZ has been unable to determine what, if any, calculations were made to develop the $500 Free-Footage allowance for individual residential connections. The $500 allowance is simply applied to any main extension costs for an individual residence. Suez's RsspoNss ro Fm.sr PnooucrloN REQUEST oF THE Couulssrcu Srnrr - 8 SUEZ Water Idaho Inc. suz-w-20-01 REQUEST NO. 7: Besides the $500 Free-Footage Allowance, please provide a list of any other allowances gven for water main extensions and include who is eligible and how each allowance is calculatd. RESPONSE TO REQUEST NO.7: The response to this Production Request is sponsored by Cathy Cooper, Director of Engineering SUEZ Water Idaho Inc. SUEZ offers no other allowances forwatermain extensions. Susz's REspoNsE To Fnsr PRoDUcTIoN REeuEsr oF TrrE CoMMISSIoN Srerr - 9 SUEZWaterIdaho lnc. suz-w-20-01 REQUEST NO. 8: Are there any customer/developer requested water main extension project costs included in base rates? If so, please explain. RESPONSE TO REQUEST NO.8: The response to this Production Request is sponsored by Cathy Cooper, Director of Engineering,SUEZ Water Idaho Inc. The only customer/developer requested water main extension project costs included in base rates are the $500 allowances for individual residences. SUEZ typically has only a few requests for individual residence connection in a glven year. For example, between January 2019 ard July 2020, it has received none. No other customer/developer-requested water main extension project costs are included in base rates. Surz's RespoNsr ro Fnsr PnooucrroN Rnqursr or rue CoMMrssroN Srerr - l0 SUEZ Water Idaho Inc. suz-w-20-01 REQUEST NO.9: Please provide an explanation and workpapers showing how overhead and inspection fees are calculated for water main extensions. RESPONSE TO REQUEST NO.9: The response to this Production Request is sponsored by Cathy Cooper, Director of Engineering, SUEZ Water Idaho Inc. Once SUEZ receives the contractor's bid for the necessary main extension work, a five percent contingorcy is added to the contractor bid price. An overhead percentage of 14.9 percent is applied to this total cost. lnspector hours, including several hours contingency, 0r€ estimated based on the length of the main extension, complexity of the project, and number of services/hydrants included in the main extension. At the end of the project, the actual costs are reconciled and the developer is refunded the difference between the actual project costs and the charges collected prior to the project. An example workpaper is included with this Response that shows how costs are calculated for a developer main extension project. These numbers are taken from a recent development. SUTz,s RESPoNSE To FR,ST PRoDUcTIoN REQUEST oF THE CoMMISSIoN STAFF - I I SUEZ Water Idaho Inc. suz-w-20-01 ACTTVITY DESCRIPTION EST. COST ACTTVITY % Contingency & Inspection TOTAL COSTS FEET OF I2''0.0% EA - 12" VALVES 0.0% 0.0% 760 FEET OF 8''23,289.00 34.9%1,775.91 25,064.91 1 ea 8" VALVES 1,000.00 r.5%76.26 1,076.26 0.0% 62EA - 3/4'' SERVICES 23,037.00 34.6%1,756.70 24,793.70 3 EA - I'' SERVICES 3,912.00 5.9o/o 298.31 4,2r0.3r 1 EA - 2'' SERVICES 2,860.00 4.3%2t8.09 3,078.09 0.0% 0.0% 0.0% 3 EA - Suez-BOI Fire Hydrants 12,555.00 r8.8%957.39 13,5r2.39 0.0% 0.0% 0.0% TOTAL CONTRACTOR COST 66,653.00 PROJECT ID: PROJECT DESCRIPTION: and SUEZ Water ldaho lnc. suz-w-20-01 Total OH $ 10,427.86 Total Project Cost $ 82,163.51 Total Contactor Cost $ 66,653.00 SUEZ Inspection, Overhead, and Contingency CIAC Tax Cost at2l.56%o Total Cost Paid to SUEZ $ $ $ 15,510.51 L7,714.45 33,224.97 3332.65Percent O & C I,750.00Inspection Labor Inspection Hours Total Contingency & Inspection 5,082.65 Respectfully submitted this 20th day of August, 2020. SUEZ Water Idalro Inc. Mchael C. Creamer Preston N. Carter Givens Pursley LLP Attorneys for P etitioner Sunz's RespoNse ro Fnsr PnooucnoN Rrquesr or urs CoMMrssroN STAFF - 12 SUEZ Water ldaho Inc. suzw-20-01 CERTIFICATE OF SERVICE I certiff that on August 20th,2020, a true and correct copy of the Sunz's RnspoNss ro Fnsr PRopuctroN Rreursr oF THE CotrrutssloN Srarr was served upon all parties of record in this proceeding via electronic mail as indicated below: Commission Staff Jan Noriyuki, Commission Secretary Idaho Public Utilities Commission I l33l W. Chinden Blvd., Bldg. 8, Ste. 201-4 Boise,ID 83714 i an.noriyuki@puc.idaho. eov Dayn Hardie, Deputy Attorney General Idaho Public Utilities Commission I1331 W. Chinden Blvd., Bldg. 8, Ste. 201-A Boise, ID 83714 davn. hardi e@puc. idaho. eov Michael C. Creamer SuEz's RESpoNSE To FRsr PRoDUcTIoN REQuesr or rIfi CoMMISSIoN Srarr - 13 suEZ water Irtaho Inc. suz-w-20-01 Case Nos. SUZ-W-20-01 PETITION AND REQUEST FOR MODIFIED PROCEDURE EXHIBITA STRIKE OUT TARIFF PAGES SUEZWatar ldaho lnc. suz-t r-20{1 RESFONSE TO REQUEST NO. 3 Cass Noo. SUZ-I r-2O{1 PETITION AT.ID REQUEST FOR i/PD!FIED PROCEDURE E(HIBITA-Paop 1 Sheet No. 1 Replacing al! Previous Sheets SUEZ WATER IDAHO INC. SUEZ WATER IDAHO INC RATE SCHEDULES RULES AND REGULATIONS GOVERNING THE RENDERING OF WATER SERVICE AND WATER MAIN EXTENSIONS lssued Per IPUC Order No. -)0(XX Effective - JenuaryJ€XXXX, XX, 2O2O lssued by SUEZ WATER IDAHO lNC. Marshall Thompson, Vice President 8248 West Mctory Road, Boise, ldaho Clcc Noc. SUZ-I r-20{1 PETMON Ai.ID REQUEST FOR TrcDIFIED PROCETX'RE DGIBIIA- Pagc 2 SUEZ lr{rbr ldaho !nc. suz-v\t-2o{1 RESPONSE TO REOUEST NO. 3 Sheet No.2 Replacing all Previous Sheets SUEZ WATER IDAHO INC. TABLE OF CONTENTS Title Page Table of Contents Schedules of Rates Schedule Number 1 General Metered Service Schedule Number 1A DEQ Fee Schedule Number 18 Flat Rate Service Schedule Number 1C Brian Subdivision Surcharge Schedule Number 2 Public Hydrants and Street Sprinkling Schedule Number 3 Private Fire Sprinkler and Service Schedule Number 4 Private Fire Hydrant Service Schedule Number 5 Miscellaneous Fees and Charges Schedule Number 6 Municipal Franchise Fees Application for Service Service Connection Meters Meter Setting Meter Testing Bills Discontinuance of Service Customer's Deposits Builder's Temporary Service Fire Protection Miscellaneous Definitions - Water Service Definitions - Water Main Extension Water Main Extensions - General Water Main Extensions - Connection Fees Water Main Extensions - !ndividua! Residences Water Main Extensions - Residential Subdivision or Multiple Family Housing Development Water Main Extensions - Commercial, lndustrial, or Municipal Development Special Facilities Non-contig uous Expansion Water Main Extension Agreement, lndividuals, Advances, Refunds Water Main Extension Agreement, Residential, Multiple Family Housing, Commercial, lndustrial, or Municipa! Development Residential or Multiple Family Housing Non-contiguous Water System Agreement Sheet Number 1 2 3 4 5 5A 6 7 8 9,9A, 10 11 12 12,13,14 14 14,15 15 16 16,17 17 17,18 1819 1€19 1+ 19,20 2$:21 *21 &21,22 z+22,23 z?23,24 *23,24 &24,25 2+26 27,28,29, 30,31 32,33,34, 35,36,37, 38,39,40,41 42,43,44, 45,46,47, 48,49,50,5+ lssued Per IPUC Order No. _Xx)fi Effective -fanuaty-lg, 2020 SUEZWabT ldaho lnc. suz-w2Go1 RESPONSE TO REQUEST NO. 3 lssued by SUEZ WATER IDAHO !NC. Marshal! Thompson, Vice President 8248 West Victory Road, Boise, ldaho Case Nos. SUZ-W-20-O1 PETITIONA}.ID REOUEST FOR MODIFIED PROCEDURE E(HIBITA- Page 3 Sheet Ne, 27 shall be ealeulated as the net Bresent value ef eash flewe resulting frem the texable eentributien and the future tax deduetibility ef the resulting asset, The ealeulatien e[the ing+af,ner= Tax Gross Up Factor Calculation of Tax Gross Up Factor: SUEZ klaln lm Gross Up Factor =F=(1-(NPV/C)y(1-T)1.2156 CorsUrction Cost (C) Crctomer Depositwih Tax Gross Up Net of Tax Rate of Rehm Combined 21o/oFlf & Sl't Rate (T) = hitialTax Liabilitu 1.00 1.22 9.3073% 26.47o/o 0.32 NPV benef t of tax depreciation (NPV)0.1062 calcuhtion of Net of Tax Rate of Retum and Combined Federal lncome Tax (FlD and State Tax (SII) Rate: % of CapiEl Embedded Weigtiled Rate of Retum 2.28Yo 7.03% -J,- SUEZWater ldaho lnc.Sfucture Cost A\o. Cost47.OOYo 4.85o/o 2.28o/oDeucom@nent of Capital Structure Equity Component of Capital Structure 53.00%9.75o/o 5.1 70/" 100.00%7.45o/o Combined Fl'I and State Rate 26 A70/"(+[ ?1 OOo/^ ) r 11 - 6g3o/" )l)( Sr +( FtT )'(1 - SrT ))) lssued Per IPUC Order No Effective - June 1,2018 SUEZ$rtabr ldaho Inc. suz-vrr-20{ll RESPONSE TO REQUEST NO. 3 lssued by SUEZ WATER IDAHO lNC. Gregory P. Wyatt, Vice President 8248 West Victory Road, Boise, ldaho Gasa Noc. SUZ-l/\r-2041 PETMON AT{D REOUEST FOR MODIFIED PROCEDURE EXHIBITA-Pagc4 Sheet No. 27 Replacing all Previous Sheets SUEZ WATER IDAHO INC. Exhibit A INDIVIDUAL RES!DENCE MAIN EXTENSION AGREEMENT C.E.A. No AGREEMENT between SUEZ WATER IDAHO lNC., hereinafter called "Company", and , hereinafter called the "Applicant" NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Applicant(s) hereby applies to the Company for the said extension for its system, and the Company agrees to construct the said extension upon the terms and conditions hereinafter set forth in accordance with its Rules and Regulations. Said extension is described as follows and shown on the attached sketch which is hereto made a part of this Agreement: 2. Applicant shall contribute to the Company upon the execution hereof the sum of Dollars ($ ) which amount the Company estimates to be the cost of installing the said "on-site" extension as described above including overhead cost to the Company such as supervision, engineering, accounting, iReeme{arq legal expenses and the cost of obtaining any necessary govemmenta! permits. Any difference between the actual cost and the amount contributed, shal! be shown as a revision of the amount of contribution, and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be refened to as the "contributed cost of on-site facilities". lf it is necessary to adjust the amount of Applicant's contribution, in accordance with the terms of this paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of on-site facilities" and shall be attached hereto and made a part hereof. 3. Applicant shall contribute to the Company upon the execution hereof the sum of Dollars ($ ) which amount the Company estimates to be the cost of installing the said gff-slle main extension including overhead cost to the Company such as supervision, engineering, accounting,ineeme{ar lega! expenses and the cost of obtaining any necessary governmental permits. Any difference between the actual cost and the amount contributed shal! be shown as a revision of the amount contributed and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of off-site mains". lf it is necessary to adjust the amount of Applicant's advance, in accordance with the terms of this paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of off-site mains" and shall be attached hereto and made a part hereof. lssued by SUEZ WATER IDAHO lNC. lssued Per IPUC Order No. Gregery P. Wyatt'Marshall Thompson, Vice President Effective - June++O1-8xxxx, xx, xxxx 8248 West Victory Road, Boise, ldaho SUEZ Wiler ldaho lnc. Gase Nos. SUZ-W-20{ll SUZ.I/\'-20{1 PETMON AI.ID REOUEST FOR MODIFIED PROCEDURE RESFONSE TO REQUEST NO. 3 E(HIBITA - Page 5 Sheet No. 33 Replacing all Previous Sheets SUEZ WATER IDAHO INC. RESIDENTIAL, MULTIPLE FAMILY HOUSING, COMMERCIAL, INDUSTRIAL, OR MUNICIPAL DEVELOPMENT WATER MAIN EXTENSION AGREEMENT (continued) B. WHERE THE APPLICANT HAS ASKED THE COMPANY TO PERFORM THE EXTENSION 1. Applicant hereby applies to the Company for the said Extension of its system and the Company agrees to construct the said Extension upon the terms and conditions hereinafter set forth and in accordance with its Rules and Regulations. 2. Applicant shall contribute to the Company upon the execution hereof the sum of ffiingthesaid?,31l::?t j$="J#,l'fr isHSl;l3::Sffi llti:l',[' j?:,'fi ":?'l"",i?;'the Company such as supervision, engineering, accounting,in€eme+$G legal expenses and the cost of obtaining any necessary govemmental permits. Any difference between the actual and the amount contributed shall be shown as a revision of the amount of contribution and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of on-site facilities". lf it is necessary to adjust the amount of Applicant's contribution, in accordance with the terms of this Paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of on-site facilities" and shall be attached hereto and made a part hereof. 3. Applicant shall contribute to the Company upon the execution hereof the sum of Dollars ($ ) which amount the Company estimates to be the cost of installing the said off-site main Extension including overhead cost to the Company such as supervision, engineering, accounting,ineeme{a6legal expenses and the cost of obtaining any necessary governmental permits. Any difference between the actual and the amount contributed shall be shown as a revision of the amount contributed and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of off-site mains". lf it is necessary to adjust the amount of Applicant's advance, in accordance with the terms of this Paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of off-site mains" and shall be attached hereto and made a part hereof. 4. The Company will use its best efforts to commence and carry to completion as soon as possible the installation of said Extension, having in mind however, delays which may be occasioned by weather, acts of God or the public enemy, strikes or other matters not within its control. 5. The amount of "contributed costs for on-site" facilities shall be retained by the Company and booked as a contribution in aid of construction. 6. The amount of "contributed costs for off-site mains" shall be retained by the Company and booked as a contribution in aid of construction. However, an applicant for lssued by SUEZ WATER IDAHO lNC. I tssued Per IPUC Order No.- gres€qfP=f#yattMarshail Thompson, Vice President I Effective - Junel.+O{8xxxx, xx, 2020 8248 West Mctory Road, Boise, ldaho SUEZ tllhbr ldaho lnc. Gase Nos. SUZ-t\r-20{lSUZ-I'\F2O{I1 PETMONAT{D REQUEST FOR MODIFIED PROCEDURE RESFOITISE TO REOUEST NO. 3 E(HIB]TA. Page 6 Sheet No. 36 Replacing all Previous Sheets SUEZ WATER IDAHO INC. RESIDENTIAL, MULTIPLE FAMILY HOUSING, COMMERCIAL, INDUSTRIAL, OR MUNICIPAL DEVELOPMENT WATER MAIN EXTENSION AGREEMENT (continued) will require its contractor to comply, via its contract with contractor, with all terms and conditions set forth herein. 3. The Company estimates that ($ ) will be the cost of installing the said "on-s!!e" Extension as described above including overhead cost to the Company such as supervision, engineering, accounting, in€eme+exrand legal expenses. Any difference between the actual and the amount contributed shall be shown as a revision of the amount of contribution and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of on-site facilities". !f it is necessary to adjust the amount of Applicant's contribution, in accordance with the terms of this Paragraph, a supplemental memorandum will be prepared setting forth the "contributed cost of on-site facilities" and shall be attached hereto and made a part hereof. 4. The Company estimates that ($ ) wil! be the cost of installing the said "gff.sitg" Extension as described above including overhead cost to the Company such as supervision, engineering, accounting,-rneeme-ta4 and legal expenses. Any difference between the actual and the amount contributed shall be shown as a revision of the amount of contribution and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of off-site facilities". lf it is necessary to adjust the amount of Applicant's contribution, in accordance with the terms of this Paragraph, a supplementa! memorandum will be prepared setting forth the "contributed cost of off-site facilities" and shall be attached hereto and made a part hereof. 5. The Applicant agrees to advance to the Company, simultaneously with the execution of this Agreement, the sum of Dollars ($) which represents the cost of the Company's overhead fees, and such items as inspection and testing. Such amount shall be subject to reconciliation after all such costs are known and the difference shall be either refunded to or collected from the Applicant. 6. The installation shall be subject to the Company's inspection, testing and acceptance, however, absence of such inspection or testing by the Company shal! not relieve the Applicant of any of its obligations. The Company shall require the Applicant and the Applicant's contractor (via its contract with the Applicant) to warrant the work in accordance with Paragraph 15 below. The Company shallfurther require the Applicant and the Apflicant's contractor (via its contract with the Applicant) to maintain insurance as follows: lssued by SUEZ WATER IDAHO lNC. lssued Per IPUC Order No._ ereg€ry+=f /yattMarshall Thompson, Vice President Effective - June 1, 2018xxxx, xx, 2020 8248 West Mctory Road, Boise, ldaho SUEZ Watsr ldaho !nc. suz-vrr-2o{r RESFONSE TO REOUEST NO. 3 Case Nos. SUZ-W-20{1 PETMONAND REQUEST FOR MODIFIED PROCEDURE E(HIBITA - Page 7 RESIDENTIAL OR MULTIPLE FAMILY HOUSING NON-CONTIGUOUS WATER SYSTEM AGREEMENT (continued) 3. Company shall have the right to conduct, review and confirm, to Company's satisfaction, test results in connection with any and all wells, soi! tests, engineering tests, environmental surveys, plans and specifications and/or record drawings, and related studies of the Water Facilities deemed necessary by Company to determine the suitability, in Company's sole discretion, of the Water Facilities for expansion. Should an applicant propose a Development requiring specialfacilities, upgrades, modifications or, if the Development is deemed by the Company to be unusual or burdened with special needs, that existing water system will be looked at independently and the terms of the acquisition wil! be set forth in an amendment hereto. [Add the following paragraph if Owner is to construct the Water Facilities: 4. lmmediately after the execution of this Agreement, Owner shall diligently proceed to obtain a!! governmental approvals including, without limitation, all necessary permits, information, and consents required by the appropriate federal, state, or local governmental authorities, agencies, or officials to permit the construction, operation and maintenance of the Water Facilities. As soon as practicable, after receipt of such governmental approvals, Owner shall diligently proceed to construct the Water Facilities, as described, or to be described, in the Water Facilities plans and specifications prepared and sealed by a Iicensed professional engineer and reviewed and approved by the parties hereto. The cost of obtaining all governmental approvals, the cost of such plans and specifications, and the cost of the construction of the Water Facilities shall be borne by Owner at Owner's sole cost and expense. At the sole discretion of Company, inspection of the construction of the Water Facilities shall be conducted by Company. Based on proper advice and consideration, Company may alter the performance from strict adherence to such plans and specifications if based on job site experience, or if adherence to such plans and specifications becomes impractica! or infeasible under the circumstances. Company shall be the sole judge as to the adequacy of the Water Facilities. The parties hereto shall cooperate fully with each other and all other parties in connection with each other's efforts hereunder.] [Add the following paragraphs if Company is to construct the Water Facilities:4. Owner shall contribute to Company upon the execution hereof the sum of ilsuilingsaidv?:l'3lilt=,,t",,..'Jrl'JJ""1,31ffi:T8:[lBtlff:f;:",'#b,ethe supervision, engineering, accounting,ineeme{a4 legal expenses and the cost of obtaining any necessary governmental permits. Any difference between the actual and the amount contributed shall be shown as a revision of the amount contributed and shall be payable within thirty (30) days of submission. The actual cost thus finally determined shall be referred to as the "contributed cost of facilities." lf it is necessary to adjust the amount of Owner's contribution, in accordance with the terms of this paragraph, a supplemental Memorandum will be prepared setting forth the "contributed cost of facilities" and shall be attached hereto and made a part hereof. The amount of said "contributed cost for lssued by SUEZ WATER IDAHO lNC. lssued Per IPUC Order No._ gresory+-Wya$Marshall Thompson, Vice President Effective - June-+20{8xxxx, xx,2020 8248 West Mctory Road, Boise, ldaho SUEZIT&rEaho lnc. suz-t\F20{1 RESFONSE TO REQUEST NO. 3 Case Noe. SUZ-\ r-20{1 PETMON A}.ID REQUEST FOR MODIFIED PROCEDURE D(HIBITA- Pegp 8 Sheet No. 43 Replacing all Previous Sheets SUEZ WATER IDAHO INC. Sheet No. 45 Replacing all Previous Sheets SUEZ WATER IDAHO INC. RESIDENTIAL OR MULTIPLE FAMILY HOUSING NON-CONTI G U OUS WATER SYSTEM AGREEM ENT (conti nued ) construction of the Water Facilities. Owner shal! warrant to Company in writing that the Water Facilities has been constructed in accordance with the plans and specifications reviewed and approved by Company, and shall provide Company with as-built record drawings of the Water Facilities. Owner shall also warrant the Water Facilities against defects in construction for a period of one (1) year from execution of such warranty. 6. Owner shall contribute to Company upon the execution hereof the Water Facilities as described above, and shall also contribute overhead costs to Company such as supervision, engineering, accounting, ineeme{a4 legal expenses and the cost of obtaining any necessary governmental permits. The actual cost of contribution shall be refened to as the "contributed cost of facilities." The Source of Supply costs shall be refened to and be booked as an advance in aid of construction. All other costs shall be refened to, and be booked as, a contribution in aid of construction. 7. Upon conveyance of the Water Facilities to Company, Company shall be solely responsible for management, maintenance and operation of the Water Facilities. The parties agree that the Water Facilities and associated permits and licenses shall be managed and operated by Company in a manner which is comparable to and consistent with Company's management and operation of its other water utility facilities within the State of ldaho. The parties further acknowledge that Company shall serve al! residential customers as a public utility, subject to the jurisdiction of the !PUC. 8. Owner shall prepare and record (prior to the sale of any lot in the Project) perpetua! restrictive covenants which include, without limitation, that the Water Facilities is or shall be owned and operated by Company. Company shall cooperate with Owner in the preparation of such restrictive covenants and shall have the right to approve such restrictive covenants prior to recordation. Such approval shall not be unreasonably withheld. Owner shall cause a notation to be made on any subdivision plat of the Project that states that the Water Facilities is or shall be owned and operated by Company. 9. !f the Project is served by a non-potable inigation System, appropriate backflow prevention device(s) shall be required to be installed at no cost to Company. Owner shall prepare and record (prior to the sale of any lot in the Project) perpetual restrictive covenants which include, without limitation, that cross-connections are prohibited, and shall delegate to Company the right to inspect such non-potable irrigation system, enforce such restrictive covenants, and to rernove any such cross-connections. Company shall cooperate with Owner in the preparation of such restrictive covenants and shali have the right to approve such restrictive covenants prior to recordation. Such approval shall not be unreasonably withheld. 10. An amount not to exceed Eight Hundred Dollars ($800.00), as more fully described on Attachment No.2 attached hereto, which is subject to modification as Adjusted Average Residential Revenue may change with future rate activity, shall be paid by Company to Owner as soon as practicable after each lot is connected to the lssued by SUEZ WATER IDAHO lNC. lssued Per IPUC Order No.XXXX eregery#lattMarshall Thompson, Vice President Effective - Juf,ejr+01€rc(Xx, XX, 2020 8248 West Victory Road, Boise, ldaho SUEZWbbT ldaho lnc. suz-l,lr-2o{1 RESPONSE TO REOUEST NO. 3 Casa Nos. SUZ-l,tl20{l PETMONAND REQUEST FOR MODIFIED PROCEDURE EffiIBIIA- Page 9