20070706Compliance Filing and Motion.pdf

OR1G1NAL
Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
i oe(ii),mcdevitt - miller .co m
Idaho Public Utilities Commission
Office of the SecretaryRECEIVED
JUL 6 - 2007
Boise, Idaho
Attorneys for United Water Idaho Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC., FOR
AUTHORITY TO AMEND AND REVISE
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY NO. 143 AND FOR
APPROVAL OF A SPECIAL FACILITIES
AGREEMENT WITH A VIM OR LLC.
CASE NO. UWI-O7-
COMPLIANCE FILING AND
MOTION
COMES NOW UNITED Water Idaho Inc.
, ("
United Water ) in compliance with Order
No. 30345, and files an Amended Special Facilities Agreement ("ASF A") which is intended to
meet the Commission s objections to the Special Facilities Agreement ("SF A") as originally
filed. United Water moves the Commission for an Order approving the ASF A. In support
thereof, United Water respectfully shows as follows, to wit:
In the SF A as originally filed herein, it was agreed between United Water and A vimor
LLC ("A vimor ) that the cost of certain transmission facilities would be treated as Advances in
Aid of Construction and those amounts would be potentially eligible for refunds from United
Water.
COMPLIANCE FILING AND MOTION - 1
I1.
In Order No. 30345 the Commission disapproved of this proposed treatment, but stated
Accordingly, the Commission does not approve the SF A as filed, but will approve it if amended
to require the entire transmission main be contributed by Avimor." Order No. 30345, pg. 9.
IlL
Upon review of the SF A it was determined that the most expedient method of amending
the SF A to meet the Commission s objection was to remove the phrase "on-site main " from the
sub-paragraph of Paragraph 5 of the SFA dealing with advanced plant and to then insert that
phrase in the sub-paragraph of Paragraph 5 of the SFA dealing with contributed plant.
IV.
Attached hereto as Exhibit A is the ASF A incorporating the changes identified above and
executed by the parties.
V1.
Exhibit B attached hereto, shows the changes incorporated in the ASF A in legislative
format, for ease of reference.
VI1.
Because this Compliance Filing is intended to accomplish nothing more than submission
for approval of an ASF A that meets the Commission s objections in Order No. 30345 , United
Water respectfully requests that it be processed pursuant to the procedures contained in RP 133
Tariffs Submitted Pursuant to Order. That is, after review by Staff and upon receiving
confirmation from Staff that the ASF A meets the objections contained in Order No. 30345 that
the Commission enter its Order approving the ASF A without further process or procedure.
COMPLIANCE FILING AND MOTION - 2
WHEREFORE United Water respectfully requests that the ASF A attached hereto as
Exhibit A be approved.
DATED this
$y
of July, 2007.
UNITED WATER IDAHO INC.
~UL
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock
Boise, Idaho 83702
P: 208.343.7500
F: 208.336.6912
Attorney for United Water
COMPLIANCE FILING AND MOTION - 3
CERTIFICATE OF SERVICE
I hereby certify that on the
-1\A-day of July, 2007, I caused to be served, via the
method(s) indicated below, true and correct copies of the foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
i i ewell~puc.state.id. us
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
Bruce Smith
MOORE, SMITH, BUXTON & TURCKE
950 W. Bannock, Suite 520
Boise, ID 83702-5716
John R. Hammond Jr.
BATT & FISHER
O. Box 1308
Boise, ID 83701
COMPLIANCE FILING AND MOTION - 4
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BY:
McDEVITT & MILLER LL
AMENDMENT TO SPECIAL FACILITIES AGREEMENT
This AMENDMENT TO SPECIAL FACILITIES AGREEMENT
Amendment") is made and entered into by and between United Water Idaho Inc.
United Water ) and Avimor, LLC ("Avimor
WHEREAS United Water and Avimor have previously executed a Special
Facilities Agreement ("SF A"), dated January 4 2007.
WHEREAS the SF A was, on January 10, 2007, submitted to the Idaho Public
Utilities Commission ("Commission ) for review in Case No. UWI- W-07-01.
WHEREAS on June 19 2007, the Commission issued Order No. 30345 in Case
No. UWI-07-, which Order approved in part and disapproved in part the SFA.
WHEREAS, pursuant to Paragraph 16 of the SFA, United Water and Avimor
desire to amend the SF A such that it meets the objections of the Commission contained in
Order No. 30345.
NOW, THEREFORE, in consideration of the promises, and of the covenants and
mutual promises herein contained THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraph 5 of the SF A entitled Advances and Contributions for the
System Expansion as written is withdrawn and held for naught.
2. Paragraph 5 of the SFA entitled Advances and Contributions for the
System Expansion is hereby amended to read as follows:
A vimor shall advance to the Company upon the execution hereof the sum of One-
Hundred-Fifty-Four-Thousand-Six-Hundred Dollars ($154 600.00), in cash, which
represents the estimated cost of the Company s direct charges for engineering, inspection
accounting, legal, and administrative costs, chargeable to the System Extension. Such
amount shall be subject to reconciliation after completion of the System Extension and all
such costs are known and the difference shall be either refunded to or collected from
A vimor without interest.
AMENDMENT TO SPECIAL FACILITIES AGREEMENT-
EXHIBIT A
PAGE 1 OF 3
Avimor will be responsible for funding all System Extension Facilities required to
serve the Project listed below:
Approximately 30 500 feet of 16-inch transmission main
intermediate booster station
600 000 gallon storage reservoir
Associated communications and control equipment
Land, easements, inspection, project management, and all other required
appurtenances
Avimor s total cost of construction and installation of the said System Extension
as described above is estimated to be $6 308 805.00.
The parties understand and agree that of the approximately 30 500 feet of
transmission water main line extension to and within the Project, approximately 18 000
feet will be classified as "on-site main , and approximately 12 500 feet will be classified
as "off-site main . This delineation between on-site and off-site main is as shown on the
attached Exhibit A.
At the request of the Company, the intermediate booster station will be oversized
and so equipped to enable the Company to utilize the intermediate booster station to
provide emergency supply redundancy to the Company s existing Hidden Springs
customers. The total cost of the booster station over sizing is estimated to be $63 000.
The Company shall refund Avimor for the cost of the over sizing as outlined in Paragraph
9 below.
The Company and A vimor have agreed to use RS Means Heavy Construction
Cost - 2006 (20th edition) to estimate the over sizing cost for the booster station. The
over sizing has been estimated using RS Means data as shown on Exhibit D - Plant
Account Summary. After the System Extension has been constructed, the over sizing
will be recalculated based on the actual construction cost and the methodologies
described in Exhibit D for the booster station.
All costs for the construction of the aforesaid booster station (less the cost of over
sizing), storage reservoir, and associated facilities, including the Company s direct
engineering, inspection, accounting, legal, and administrative costs, charged to these
portions of the System Extension, shall be paid for by A vimor, and shall be recorded on
the Company s books as an advance in aid of construction. These actual costs shall be
referred to as the "advanced cost of the System Extension
AMENDMENT TO SPECIAL FACILITIES AGREEMENT-
EXHIBIT A
PAGE 2 OF 3
All costs for the construction of the aforesaid "on-site main
, "
off-site main" and
associated facilities, including the Company s direct engineering, inspection, accounting,
legal, and administrative costs charged to these portions of the System Extension, shall be
paid for by Avimor, and shall be recorded on the Company s books as a contribution in
aid of construction. These actual costs shall be referred to as the "contributed cost of the
System Extension
In all other respects the SF A is re-affirmed as first written.
4. This Amendment shall be effective on the date the Commission enters its
Order approving this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
signed by their duly authorized representatives this day of
~\~\/
2007.
UNITED WATER IDAHO INc.:A VIMOR, LLC:
By: SunCor Idaho, Inc.
Its: Sole Member
By: al'.~
~=
Dan Richter
President
~)-/WuLLitness
1?o~+ Mt1r1-erz.se/1.
AMENDMENT TO SPECIAL FACILITIES AGREEMENT-
EXHIBIT A
PAGE 3 OF 3
5. Advances and Contributions for the Svstem Extension.A vimor shall advance
to the Company upon the execution hereof the sum of One-Hundred-fifty-Four-
Thousand-Six-Hundred Dollars ($154 600.00), in cash, which represents the estimated
cost of the Company s direct charges for engineering, inspection, accounting, legal, and
administrative costs, chargeable to the System Extension. Such amount shall be subject
to reconciliation after completion of the System Extension and all such costs are known
and the difference shall be either refunded to or collected from A vimor without interest.
Avimor will be responsible for funding all System Extension facilities required to
serve the Project listed below:
Approximately 30 500 feet of 16-inch transmission main
intermediate booster station
600 000 gallon storage reservoir
Associated communications and control equipment
Land, easements, inspection, project management, and all other required
appurtenances
A vimor s total cost of construction and installation of the said System Extension
as described above is estimated to be $6 308 805.00.
The parties understand and agree that of the approximately 30 500 feet of
transmission water main line extension to and within the Project, approximately 18 000
feet will be classified as "on-site main , and approximately 12 500 feet will be classified
as "off-site main . This delineation between on-site and off-site main is as shown on the
attached Exhibit A.
At the request of the Company, the intermediate booster station will be oversized
and so equipped to enable the Company to utilize the intermediate booster station to
provide emergency supply redundancy to the Company s existing Hidden Springs
customers. The total cost of the booster station over sizing is estimated to be $63 000.
The Company shall refund A vimor for the cost of the over sizing as outlined in Paragraph
9 below.
The Company and A vimor have agreed to use RS Means Heavy Construction
Cost - 2006 (20th edition) to estimate the over sizing cost for the booster station. The
over sizing has been estimated using RS Means data as shown on Exhibit D - Plant
Account Summary. After the System Extension has been constructed, the over sizing
will be recalculated based on the actual construction cost and the methodologies
described in Exhibit D for the booster station.
All costs for the construction of the aforesaidpooster station (less the cost of over
sizing), storage reservoir, and associated facilities, including the Company s direct
engineering, inspection, accounting, legal, and administrative costs, charged to these
portions of the System Extension, shall be paid for by A vimor, and shall be recorded on
Deleted: on-site main
EXHIBIT B
PAGE 1 OF 2
the Company s books as an advance in aid of construction. These actual costs shall be
referred to as the "advanced cost of the System Extension
I All costs for the construction of the aforesaid on-site main
, "
off-site main" and
associated facilities, including the Company s direct engineering, inspection, accounting,
legal, and administrative costs charged to these portions of the System Extension, shall be
paid for by Avimor, and shall be recorded on the Company s books as a contribution in
aid of construction. These actual costs shall be referred to as the "contributed cost of the
System Extension
EXHIBIT B
PAGE 2 OF 2