20070228Status report, petition for extension of time.pdf

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BJl€~,S:QiNt & O!~yATTORNEYS AT LAW
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Molly O'Leary
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molly(i!) richardsonando leary, co
O, Box 7218 Boise, ID 83707 - 515 N, 27th St, Boise, ID 83702
28 February 2007
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise ID 83720-0074
Via hand delivery
RE: Case No. EAG-05-
Dear Ms. Jewell:
I am enclosing an original and seven (7) copies of EAGLE WATER
COMPANY, INC'S. STATUS REPORT and PETITION FOR EXTENSION
TIME in the above case.
Sincerely,
Nina Curtis
Richardson & O'leary, PLLC
Molly O'Leary (ISB # 4996)
Richardson & O'Leary, P.LLC.
O. Box 7218
Boise , 1083707
Tel: [phone]
Fax: [phone]
moll V(Q2rich ardsona nd oleary, com
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Attorneys for Eagle Water Company, Inc.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION)
OF LOW WATER PRESSURE IN A PORTION OF EAGLE WATER
COMPANY'S SERVICE AREA
CASE NO. EAG-05-
STATUS REPORT and PETITION
FOR EXTENSION OF TIME
COMES NOW , Eagle Water Company, Inc. ("Eagle Water ), by and
through undersigned counsel , and files this Status Report and Petition for
Extension of Time.
Eagle Water has been diligently pursuing the completion of a Final
Engineering Report to meet the requirements set forth in the Commission s Order
No. 29840 , as well as to meet the competing demands of a Consent Order
entered into with the Idaho Department of Environmental Quality in February of
last year. See Exhibit , attached.
EAGLE WATER STATUS REPORT and
PETITION FOR EXTENSION OF TIME - 1
To that end , Eagle Water has been working with Jim Rees, P., of MTC.
Inc. here in Boise , and Chet A. Hovey, P., of Ward Engineering Group in Salt
Lake City, Utah. A Final Engineering Report draft was submitted to DEQ for
review on January 20 2007. DEQ completed its review of that draft report and
sent Eagle Water a letter outlining 31 Action Items on February 13, 2007. Mr.
Rees and Mr. Hovey have consulted with DEQ regarding the Action Items, and
anticipate having a revised Final Engineering Report ready to submit to DEQ on
March 15 2007.
As previously noted in Eagle Water' Petition for Relief filed with the
Commission on December 20 , 2006, the Engineering Report on Eagle Water
system has undergone several iterations , in addition to the current revision.
Attached hereto as Exhibit 2 is a current invoice from MTC for services rendered
by it, to date , on the Engineering Report. In addition to MTC fees , Ward
Engineering Group fees currently total approximately $53 000.
A total of $129 624.61 has been collected through the surcharge as of
February 28 2007. Of this amount, the expenditure of $112,414.00 has
previously been authorized by this Commission , resulting in a difference of
$17 210.00. Given the cost of the Engineering Report to date, apart from
associated legal and accounting fees , it is unlikely that there will be an "over
collection " of surcharge fees in the near future. For this reason , Eagle Water
respectfully requests the Commission to:
1. Continue to allow Eagle Water to collect the current surcharge amount in
accordance with the terms of the Commission s Order No. 302013; and
2. Extend the deadline for Eagle Water to file an application for financing the
EAGLE WATER STATUS REPORT and
PETITION FOR EXTENSION OF TIME - 2
system improvements required by DEQ as a result of the Engineering
Report to 30 days from the date Eagle Water gets a final acceptance of its
Engineering Report from DEQ.
ESPECTFULL Y SUBMITTED this 28th day of February, 2007.
EAGLE WATER STATUS REPORT and
PETITION FOR EXTENSION OF TIME - 3
EXH
EAGLE WATER COMPANY , INC.
STATUS REPORT and PETITION FOR EXTENSION OF TIME
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STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
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Dirk Kempthorne, Governor
Toni Hardesty, Director
1410 North Hilton. Boise, idaho 83706-1255 . [phone]
February 24, 2006
CERTIFIED MAIL:
RETURN RECEIPT REQUESTED
Robert V. Deshazo Jr.
Eagle Water Company, Inc.
172 W. State Street
Eagle, ID 83616
RE:Executed Consent Order for Eagle Water Company, Inc., PWS # 4010049
Dear Mr. Deshazo:
Enclosed is a fully executed copy of the Consent Order (CO) signed by Idaho Department of
Environmental Quality's Director , Toni Hardesty. The staff at the Boise regional office will be trackingcompliance with the deadlines set forth in the CO. Please send required communications to:
TIffany Floyd, Regional Drinking Water Manager
Department of Environmental Quality
Boise Regional Office
1445 North Orchard
Boise, Idaho 83706-2239
Thank you for working with the Department to resolve these issues.
Sincerely,
( J~rri Henry
lJrinking Water I"\ule/Enforcement Lead
Enclosure
cc:Stephanie Ebright, Deputy Attorney General
Lance Nielsen, OW Program Manager
Mike McGown, Boise Regional Office
Tiffany Floyd, Boise Regional Office
r 'I~ 1 iTmJtitlL"',~~(~.7i./~U"dson & O'Leary, 515 N. 27th St, Boise, ID 83702
File
COF
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DAHO Dt;? ARTMENT OF ENVIRONMENTAl- QUAl!TY
In the matIeref:CONSENT ORDER
Idaho Code ~ 39-1 08Eagle Water Ccmpany
1. Pursua1'lt to tPe idaho E;nvircninentaJ Pr-QtectiOI1 and ~tM Act. idaho Code S~101 through 39-130 the!~ Departm,~nt of EnvirQn~1 Quality (D~partmem)~tsrs into th~ Consent Order With Eagle Water
Compa,ny (Eagle), a Public UtilitiesCommission (PUC) regulated, community pubfic water sy~ Serving 2550connections and ~O jr,dw~s in !Ea91e, Ada Courn;y, I~ PW$ # 1D4C10049.2. By Notice of Vioi~Qn (NOV) da't$d August 1, 2005, the Department notified
Eagle of vi~laoons of the for Pubij!:; Qrfnkino W ate! $~ms ! DAp- A 58,01.08. The NOV is incorporated by reference into this Cons~nt Oreer. The NOY
provided EagIe an opPortunity
for a compliance oonference !Q discuss the \'ioJationsand enter into a conSent order, A compliance conference wa$
heJ.d on August 162005.
3. !r. order to r~tum te'99mpJiant;:e With applicable ~e and fedel"9! Jaws, Eag.re .hereby agrees to P.f$rf9&n:th~fuRlp,wing;~etions~in:the:'time- periPds'setfa~;in wder todemonstrate OOmp~iaFlee'w1th.I~A~58-;O1.Q8:" '
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a. Eagi~ shall continue jq provide qUarterly public notice canGemi ng the.system s iQSS of pressure ar!dlor depressU~on events, an(i tt.~ Steps thesyst~m plans to take ~q return to compliance \Yim the
prS$Sure reqlii~ments, inaccordance'ifJfth iDAPA 58.01.Ge, 15Qj to each reside~ on Uie system by mailor hand delivery. Eag!e shaH contin~e to provIde pubjj~ hof:ee to each r~eflceon a quarterty basis (every 3 mQnthSi) unul s~ tlrr1e as the Department provideswritten notice that quarte.tiy public nooncatkm is no !oliger required.
b. ~gle shan provide tf;\e Department with proof of each quarterly
notiftca"ticn via'.t1e :bt?part..m:ent's suppr~ notifica:ticn TOim and a copy ofeach quarterly oo
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a.iicn within 1en J~ 0) dayS Of completion,
~oh /0 )(1.,. 'YC. No iaterthan :=8hnj~~/24 , 2006, Eagle shafj submit for Departmentapproval a Preliminary Engineering Report. The Prefim!nary Engineering Report
shaH delineate the steps that \i\rilf be taken to bring E~g!e into M! compliance with10APA 58.01.08 and shaH ind~d& Hie foIfovying:
ReeommendatiQl1S fOf actions to b~ taken fOf Eaglet:! meet therequ'irement$ of ioAPA 58.01.08 including: additional sources or
~,
system mx~ons as needed to mget the water quality, quantity
aI:/G p~~re requiremen~for current 9Jid,future, cr~'Ife!ling unit$ 'arido#1eru~.
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CONSENT ORDER. i
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5. Department Re'i!ew and Approval Submittal Revj~v PrOcess.
Unr~s otherv.'ise setfort, spe.cificaJiy h?rein, the following doC'.lmenf submittal and review proce$S
($ubrrJttaJReview Process) shall be followed regardjng $UPMittals required by this Consem
Orderforwhich bepartrnern: approv~1 is required. - This prnc~ sP.a!! be fQUowed until theDepartment approves the document' or t~e review time frame has
?xpi!'ecLa. Within ts,irty (30) calendar day~ Qf receipt of E?g!e
s subm1tta!, theDepartment shaH 1) notify Eagle in \,vritiflg the document is
approv~; 2) notifyEagie in writing Qf any deficiencies in the docume~ or 3) f"otify Eagle of theDepartment's ext~jon of the Departtnenfs review and ~mmem: period for upto an ~itionaJ thirty (30) days. I! ~ O~e!1t nQtffies Eagle of deficienciesin the document. l;agre shall submit a reVised d~ument to i~ thosedeficiencies within thirty (30) e;;~lehdar days of receipt of the Department's notice.b. The Subrrmtai Review Proc9s$ shaH be ~ea~ until the DepartmentrJQtl1e$ Eagle the document is approVed. HQWever; the Submitta! must m;;et t~eDepartmenfs q.pproval within sixtY (60) day~ from the due date for the fit$!:, submittal of the document, uni~S$ tfle Departm~nt provides Eagle with a written
extension of the sixty (60) Q~Y time fr-~. Eoag(e's failure to obtain Departmentapproval Of ~ submittal within suCh time frames shaH constitut~ a
'.I16!ation of thisConsent Order.
c. If the Oepa!1mer)t extends its review and comment period beyond th~initial thirty (30) d~y periOd descrtb?Q ~bove, the time fr~e$ within whichEagies documents shail meet requirements of ~js COnsent Order shan beextended by af1 etiuivalent number of days. Ol1Ge the Department e;pprovestf1ese doGtJments, they ~Ii be ineorporated h~reitJ and enfo~abIe as a part this COllser"1t Orrier.
AU communiCations req~ireQ of Eagle by this Consent Order shaH be addressedto:
Tiffany Floyd, Regional Drinking Wat.$f Manager
Department of- ~nvironmentaI QtJ~(ity
Boise Regional Office
1445 N. Orchard
Boise, Idahe 83706
AJj notices, reports and submittals required of t~ Department by this ConsentOrder shaH be addressed to:
Robert v. D~hazo Jr.
Eag!e W?iter Company, Inc.
172 w, State Street
Eagie !D 83616
CON$E:NT aRDEH - 3
EXH T 2
EAGLE WATER COMPANY, INC,
STATUS REPORT and PETITION FOR EXTENSION OF TIME
Feb 27 07 03: 04p Jim Rees 2083438967 p. 1
MTC, INC.
CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS
707 N. 27th STREET
BOISE, ID 83702208- 345-0780 fax 208 - 343-8967
FOR PORFESSIONAL ENGINEERING SERVICES
FEDERAL IN NO. 82-0398542
ACCOUT OF
EAGLE WATER COMPo
O BOX 455
EAGLE, ID 83616
JOB NUMBER:
05-840
27-Feb-o7
JOB # 05-840
PUC STUDY
FOR EAGLE WATER COMPANY
AUGUST TO DECMEBER 2005 $44 741.
JANUARY.. 2006 $13 165.
FEBRUARY $12 714.
MARCH $10 028.
APRIL $10 131.
MAY 928.
JUNE 919.
JULY 791.
AUGUST 340
SEPTEMBER $890.
OCTOBER $582.
NOVEMBER $340.
DECEMBER.. 2006 $680.
JANUARY...... ...2007
printing 12 BOOKS
892.
$381.
FEBUARY $977.
MARCH
TOTAL $115,506.