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HomeMy WebLinkAbout20070814Application.pdfI~ECE B~1f(fi~~S0~r&:QI~"1I: PifJJH AUG -6 PI-! 4: 23ATTORNEYS AT LAW Molly 0' Leary iJ::~ ~j~. i~!!Qr.'i" ! _ I I Ir::v Vl)I\'il'd;::';~wJ; Tel: 208-938-7900 Fax: 208-938-7904 mollylPrichardso nandoleary. com o. Box 7218 Boise. 10 83707 - 515 N. 27th Sr. Boise. 10 83702 August 6, 2007 Ms. Jean Jewell Commission Secretary Idaho Public Utilities Commission POBox 83720 Boise ID 83720-0074 Hand Delivered RE: Case No. 6AG-w--61-0 ( Dear Ms. Jewell: I am enclosing an original and seven (7) copies of the APPLICATION OF EAGLE WATER COMPANY, INC. FOR EXTENSION EMERGENCY SUR- CHARGE. Please note that with the original, we are including the FINAL ENGINEER- ING REPORT ON THE WATER SUPPLY SYSTEM STUDY for Eagle Water Company, Inc. Also enclosed is a copy to be date stamped and retumed for our files. Sincerely, (tmd\i Nina Curtis Richardson & O'Leary, PLLC - --, Molly O'Leary (lSB # 4996) Richardson & O'Leary, P.LLC. O. Box 7218 Boise , ID 83707 Tel: 208-938-7900 Fax: 208-938-7904 Molly~richardsonandoleary. com Attorneys for Eagle Water Company, Inc. - '' ' !~I\r.'" F: ~'; LL, ;'! , u:,; - o ~ -\-- \\ \r.-fc~J'iJ; ~;; \~S!C: ... ,~ 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-W~ 0'1-0 EAGLE WATER COMPANY, INC.'S APPLICATION FOR SURCHARGE EXTENSION COMES NOW, Eagle Water Company, Inc. ("Eagle Water" or "the Company and hereby requests that the Idaho Public Utilities Commission ("the Commission issue an order extending the collection of the current surcharge to cover certain necessary expenses previously incurred , and additional necessary expenses the Company continues to incur, in connection with improvements to its water system pursuant to this Commission s Order No.29840 and pursuant to a subsequent Consent Order entered into with the Idaho Department of Environmental Quality ("DEQ") on February 17, 2006. These expenses are proper expenses to be duly recovered from the Company s ratepayers. Eagle Water s request is based on the following: EAGLE WATER COMPANY, INC, APPLICATION FOR EXTENSION OF SURCHARGE - On August 1 , 2005 , DEQ issued a Notice of Violation to Eagle Water alleging that the Company failed to maintain minimum water pressure in an isolated portion of its system serving the upper reaches of Eagle Springs Subdivision in Eagle Idaho. On August 3 , 2005 , the Commission ordered Eagle Water to conduct an engineering study to identify and address current and long-term system pressure issues , if any. Order No. 29840. In addition , the Commission ordered Eagle Water to file an Application for an Emergency Surcharge to finance short-term system improvements. On August 25 , 2005, Eagle Water filed an Application for Emergency Surcharge , initiating the current docket. Among other things , Eagle Water outlined the need for an additional source of water supply to mitigate current or long-term water pressure concerns for its system. DEQ filed Comments in response to Eagle Water s Application for Emergency Surcharge, supporting Eagle Water s request for funding for a new well as a critical component of any complete and long-range plan that may be proposed in the forthcoming, detailed engineering report." Order No. 29903 , p. 5. On October 27 2005 , the Commission entered Order No. 29903 approving the implementation of a surcharge to recover no more than $160 389., but reserved judgment on the recovery of $40 027 of the funds requested by Eagle Water for replacement of its 8-inch line , pending the provision of additional information by the Company. Upon Staff recommendation , the Commission denied Eagle Water s request EAGLE WATER COMPANY, INC, APPLICATION FOR SURCHARGE EXTENSION - 2 for implementation of a surcharge to cover the cost of a new system well , pending completion of the Company s engineering report. On February 6, 2006 , the Commission entered Order No. 29969 , limiting the authorized surcharge total to $112,414. On February 17, 2006 , Eagle Water entered into a Consent Order with DEQ, as a resolution of the August 2005 Notice of Violation. Among other things, the Consent Order required Eagle Water to complete an engineering report detailing: Recommended actions to meet the requirements of IDAPA 58.01.08; A funding plan to implement the recommendations; and A project implementation schedule for the recommendations. Eagle Water submitted its first draft Preliminary Engineering Report to DEQ in May of 2006. Subsequent drafts were submitted in January, March , May and June of 2007, despite technical glitches with the Haestad computer modeling software that was used for the report; departure of the engineer who worked on the initial draft; the lack of a similarly qualified engineer on staff at MTC , Inc.; an aortic aneurism suffered by MTC's principal , Jim Rees , P.E.; and contradictory peak flow standards required by DEQ which necessitated no less than 36 revised computer modeling runs. On October 30, 2006 , December 28, 2006 , March 7 , 2007, and June 1 2007 the Commission entered orders extending the deadline for Eagle Water submission of its Final Engineering Report due to the DEQ review delays, and authorized the Company to continue to collect the previously authorized surcharge EAGLE WATER COMPANY, INC, APPLICATION FOR SURCHARGE EXTENSION - 3 subject to refund." The Commission further instructed Eagle Water not to convert "the surcharge funds to its own use until such time as the Commission may approve the recovery of engineering and processing costs in excess of $112,414." Order No. 30331 , p. 3. 10.As of July 11 2007 , $165 749.90 has been collected by Eagle Water in surcharge fees. Of that amount, the following has been expended: . MTC , Inc. (Engineering Report) $44 741. . Ward Engineering Group (Engineering Report) - $35 000. Geneva Trent (Accounting fees for Engineering Report) - $ 337.TOTAL $80 078. 11.The balance of the Surcharge Account as of July 12 , 2007 was $91 303.76. See Exhibit , attached. 12.Legal fees for the original Surcharge Application totaled $10 945.22. See Exhibit , attached. Although the entire amount has been paid by Eagle Water, none of the amount paid was paid from the Surcharge Account. 13.On June 26 , 2007 , DEQ notified Eagle Water that its June 18 , 2007 Preliminary Engineering Report could be re-submitted as a Final Engineering Report for formal approval. See Exhibit , attached. The Engineering Report was then re- submitted to DEQ as "Final"See Exhibit , attached. The report was accepted by DEQ on July 6 , 2007. See Exhibit , attached. 14.The engineering fees for the Engineering Report totaled $218 394.30. See Exhibit 6. Of this amount, $79 741.29 has been paid to date from the Surcharge Account. 1 Eagle Water has provided the Commission with one complete copy of the full Engineering Report, and seven copies of the Executive Summary, EAGLE WATER COMPANY, INC, APPLICATION FOR SURCHARGE EXTENSION - 4 15.Legal fees for the Engineering Report have totaled $16 231.84 as of the date of this Application. See Exhibit , attached. Of that amount, $11 334.32 has been paid , leaving a balance of $4 897.42. None of the fees paid to date were paid from the Surcharge Account. 16.Accounting fees for the Engineering Report have totaled $600.00 as of the date of this Application. Of that amount, $337.50 has been paid from the Surcharge Account. See Exhibit , attached. 17.Because Eagle Water is a small company, the cost of preparing and processing this Surcharge Extension Application will represent a significant extraordinary expense. Geneva Trent, CPA, estimates that her accounting services for this Surcharge Extension Application will total $600.00. See Exhibit , attached. Richardson & O'Leary, PLLC estimates that its legal fees for this Surcharge Extension Application will total $12 000.00. See Exhibit , attached. 18.In addition to the foregoing, the Final Engineering Report contains the following system improvement recommendations: COMPLETED - 2006 Construction of Well # 7 Interconnection Infrastructure $638 600. $153 300. Addition of Well # 7 Repair of Well # 4 $56 100. TOTAL $848,000. EAGLE WATER COMPANY, INC, APPLICATION FOR SURCHARGE EXTENSION - 5 MANDATORY ACTIONS - 2007 Interconnect Eagle Water system with the City of Eagle s municipal water system for emergency flow redundancy $71 000.002 Install Pressure Reducing-Sustaining Valve on Floating Feather Road mainline $43, 120. TOTAL $114 120. 19.The total of the above figures is as follows: Balance owed on engineering fees for $161 394. Engineering Report Legal Fees for Engineering Report $16 231. Outstanding Accounting Fees for $262. Engineering Report Estimated Accounting Fees for Surcharge $600. Extension Application Legal Fees for Previous Surcharge $10 945. Application Estimated Legal Fees for Surcharge $12 000. Extension Application Completed System Improvements $848 000. Mandatory System Improvements $114 120. 2 The Cost Estimate in the Final Engineering Report for this Action Item was based on an interconnection with United Water-Idaho, The actual interconnection will be with the City of Eagle s system, which this lower cost estimate reflects, See Exhibit 11 attached, EAGLE WATER COMPANY, INC. APPLICATION FOR SURCHARGE EXTENSION - 6 I TOTAL 1630553, 20.The above figure , less the balance in the Surcharge Account as of July 12 2007 , leaves a balance of $1 072 250.10 in additional funds needed to pay the above- listed expenditures. 21.As the Commission is aware , Eagle Water has entered into an Asset Purchase Agreement with the City of Eagle for the purchase of the Company s water system. That agreement was approved by the City of Eagle City Council on July 10 2007. Following a Due Diligence period , that transaction is expected to close in November of 2007. 22.Assuming that transaction closes as anticipated by the parties , any system improvements accomplished by Eagle Water by the Closing Date, will be recouped by Eagle Water as part of the Purchase Price. Nevertheless, Eagle Water is reserving its right to request recovery of the Completed Action and Mandatory Action system improvements pending the outcome of its transaction with the City of Eagle. 23.In the interim , Eagle Water requests that the Commission issue an order authorizing it to recover its outstanding debt for professional services associated with the previous Surcharge Application and the Engineering Report ($188 833.86) plus the estimated professional fees associated with this Surcharge Extension Application ($12 600.00) through a surcharge on its Customers' usage in excess of 600 cubic feet per month. The total of said fees is $201,433.86. EAGLE WATER COMPANY, INC. APPLICATION FOR SURCHARGE EXTENSION - 7 24.Based on the present Surcharge Account balance of $91 303., Eagle Water anticipates it will actually only need to borrow an additional $110 130.10 to cover the outstanding professional fees , provided the Commission authorizes it to spend the current Surcharge Account balance on said fees. Under the terms of a financing proposal from Idaho Banking Company, the cost of the loan would be approximately 10.25 percent spread over 2 years. See Exhibit 123, attached. 25.The Company further requests the Commission to issue an order approving the extension of the current scheduled surcharge as a fair, just and reasonable method for recovery of its costs associated with the professional fees referenced above. Certified Public Accountant Geneva Trent has calculated the expected revenue from the continuation of said surcharge and the expected loan pay-off schedule. See Exhibit , attached. 26.The Company will maintain a separate balancing account on its books with all transactions related to this Application flowing through the account on a monthly basis as transactions occur. None of the expenditures proposed in this Surcharge Extension Application will be recorded to the Company s plant accounts and the Company will not seek to add these costs to its rate base for rate-making purposes. Quarterly status reports will be provided to the Commission , in writing, to apprise the Commission of moneys expended. 27.Communications with reference to this request should be sent to the following: 3 Although Idaho Banking Company s loan proposal is based on the full amount of the outstanding professional fees, as previously stated, Eagle Water anticipates that it will only need to borrow $110 130.10. EAGLE WATER COMPANY, INC. APPLICATION FOR SURCHARGE EXTENSION - 8 Molly O'Leary Richardson & O'Leary, P.LLC. O. Box 7218 Boise , ID 83707 Robert V. DeShazo., Jr., President Eagle Water Company, Inc. O. Box 455 Eagle , ID 83616 28.Because the issues presented by this request are limited in scope , Eagle Water requests that this request be processed without the need fGr a hearing, under Commission Rule of Procedure 202 , Modified Procedure. RESPECTFULLY SUBMITTED this 6th day of August, 2007. EAGLE WATER COMPANY, INC. APPLICATION FOR SURCHARGE EXTENSION - 9 EXHIBIT EAGLE WATER COMPANY , INC. APPLICATION FOR EXTENSION OF SURCHARGE ~;-=t:;":':.5;j,;j;:l7'.:t.;:;. J'fJDAHO BANKINGe"...., t~...r.& 6...ki.a. July 12, 2007 Eagle Water Company, Inc. Attn: Robert De Shazo, Jr. 172 W State Street Eagle, 10 83616 Eagle 402 S.Eagle Rd. Eagle, Idaho 83616 208-939-7040 RE:PUG Surcharge Account Summary To Whom It May Concern: Fairview 6010 Fairview Ave. Boise, Idaho 83704 208-472-4700 Following is a summary of the Eagle Water Company, Inc. PUG Surcharge account and Joan held at Idaho Banking Company. Thank you, Meridian 1875 S. Eagle Rd. Meridian, Idaho 83642 208-955-1)686 Becky Fowers A VP & Branch Manager 208-939-0554 ParkCenler 449 E. Parllcenter Blvd. Boise, Idaho 83706 208-395-1505 GC: Molly O'Leary via emaH All numbers as of 7/11/07: T ota! deposits: Total withdrawals: Current Balance: $174,437. 83.133.47 $ 91 303. Mortgage 2965 E. Tarpon Dr.. Ste. 150 Meridian, Idaho 83642 208-378-1013 Withdrawal Detail: Loan Fees: Interest Payments: Principle Payments: Cashiers Check: Total Account Withdrawals: 1 ,411. 1 ,643. 078. 35.000.(Ward Engineering Group) $ 83,133.47 Gonstruclion 2965 E. Tarpon Dr.. Ste. 150 Meridian. Idaho 83642 208-947-5588 Loan Summary: Loan Advance 2/8/06: $ 44,741.29 (cash. check toMTG, Inc. Loan Advance 7/7/06: 337.(cash. check to Geneva Trent, CPA) Total Principle Advanced: $ 45 078. Total Payments outlined above, loan paid in full and closed. EXHIBIT 2 EAGLE WATER COMPANY, INC. APPLICATION FOR EXTENSION OF SURCHARGE RICHARDSON & O'LEARY, PLLC 515 N. 27th Street O. Box 7218 Boise, ID 83707 To: Eagle Water Company Robert. V. DeShazo, Jr., Pres. PO Box 455 172-0 W.State Street Eagle, ID 83616 Date 07/31/2005 081l5/2005 081l6/2005 09/15/2005 09/21/2005 lOll 0/2005 1I/08/2005 11/08/2005 1I/21/2005 12!l3/2005 011lI/2006 01/12/2006 02/07/2006 02/09/2006 03!l3/2006 031l5/2006 04/24/2006 06/20/2006 06/20/2006 06/20/2006 06/26/2006 071l2/2006 071l7/2006 081l 0/2006 08/3 I/2006 08/3I/2006 lOll 0/2006 I Oil 2/2006 10/23/2006 11/10/2006 I 21l 2/2006 011l5/2007 CURRENT Transaction Balance forward 15RO - Surcharge- INV #2138. Due 081l5/2005. PMT #1012. from trust fund INV #2207. Due 091l5/2005. PMT #6812. !NV #2228. Due I Oil 0/2005. INV #2281. Due 1I/08/2005. INV #FC 370. Due 1I/08/2005. Finance Charge PMT #6989. INV#2313. Due 121l3/2005. INV #FC 398. Due 011lI/2006. Finance Charge INV #2366. Due 011l2/2006. INV #FC 422. Due 02/07/2006. Finance Charge INV #2427. Due 02/09/2006. INV #2489. Due 03/13/2006. INV #FC 436. Due 031l5/2006. Finance Charge INV #2537. Due 04/24/2006. INV #2664. Due 06/20/2006. INV #FC 476. Due 06/20/2006. Finance Charge INV #2689. Due 06/20/2006. PMT #7553. INV #FC 498. Due 071l2/2006. Finance Charge INV #2716. Due 071l7/2006. INV #2751. Due 081l0/2006. PMT #7816. PMT #3300. INV #2860. Due lOll 0/2006. INV #FC 607. Due 1O1l2/2006. Finance Charge PMT INV #2924. Due 1I/10/2006. INV #2991. Due 121l2/2006, INV #3057. Due 011l5/2007. 30 DAYS PAST DUE 31-60 DAYS PAST DUE 46.49 470. 61-90 DAYS PAST DUE 667. Page 1 Statement Date 7/15/2007 Amount Due 779. Amount 256. 256. 3.493. 337. 762. 024. 29. 614. 853. 21.81 297. 24. 302.41 105. 28. 40. 84. 29. 277.08 209. 11.07 75. 71.50 82 l.l 9 84. 468. 122. 29. 1.120. OVER 90 DAYS PAST DUE 594. Amount Enc. Balance 256. 3.493. 156. 918. 942. 971.45 1.356. 209. 231. 529. 553. 856. 961.36 990. 031. 115. 144. 3.421.97 1.212. 1.223. 1.299. 370. 549. 464. 464. 468. 122.36 151.53 271.54 Amount Due 779. RICHARDSON & O'LEARY, PLLC 515 N. 27th Street O. Box 7218 Boise, ID 83707 Statement Date 7/15/2007 To: Eagle Water Company Robert. V. DeShazo, Jr., Pres. PO Box 455 172-D W.State Street Eagle, ID 83616 Amount Due Amount Enc. 779. Date Transaction Amount Balance 02/15/2007 INV #3121. Due 02/15/2007.373.644. 02/21/2007 PMT #8431,- L271.54 373.33 03/14/2007 !NV #3169. Due 03/14/2007.221.66 594. 04/16/2007 INV #3217. Due 04/16/2007.581.67 176. 05/07/2007 !NV #FC 777. Due 05/07/2007, Finance Charge 41.77 218. 05/1 0/2007 INV #3273. Due 05/10/2007.43.262, 06/06/2007 INV #FC 801. Due 06/06/2007. Finance Charge 42.304. 06/12/2007 INV #3334. Due 06/12/2007.428.733. 07/11/2007 INV #FC 829. Due 07/11/2007. Finance Charge 46.49 779. CURRENT 30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount DueDUEDUEDUEPAST DUE 46.49 470.667.594.$4,779. Page 2 EXHIBIT 3 EAGLE WATER COMPANY, INC. APPLICATION FOR EXTENSION OF SURCHARGE 07/12/2007 20: 40 18017732" qgJu1 02 07 O~. asp ~ee5 AE2 JOSG? PAGE 01/01 r. 1 'C'I'.rMO" ~-./" ' -- ":~: ~'I, ::: "/'"",::;"";;"-'" ,!:: ~:~i~:~Z:L~'~fNTI-.\' SiATE OF IDAJ1O DEPARTMENT OF ENVIRONMENTAL QUALITY 14'0 Norln I-lil'tol'l. Bol$El, tdal1O 83706. (200) 313-0502 L. "Bl,ltch" OtlSt. Governor Toni I-Iardesw. DllP.ctor June 26, 2007 TSP&S-14212007 Mr. Robert V. DeShazo, Jr. Eagle Watt:r Company, Inc. 172 W. State S1reet Eagle, Idaho 83616 Mr. James Rees, P. MTC, Inc. 707 N. 271h StTcet Boise, Idaho 83702 RE:Eagle Water Company (City of Eag/e Ada County) Acceptance of Preliminary Engineering Report Dear Mr, DoSbu.o and Mr. R~: The Idaho Department of Environmental Quality (DEQ) bas reviewed the Preliminary Engmeering Report for tb.eEagle Water Company (EWC) water system, received on. June 18 2007, and has df:temrined that it satisfies therequiromcnts for 'such a document as set forth in the DEQIEWC Consent Order signed by both parties on Febroaty 17, 2006. In accorda:n(:~ with that Consent Order, DEQ hereby di'l.'ects EWC to change the title of the document toFinal Engineering Report". and submit it to DEQ for formal approval. Please call me with any questions at 373-05 14, or contact me via e-mail at:p.e1;e;r.bairaUd~.idaho.gov. Sincerely, , /' :::V2..",~..J Peter S. Bair, P .E. Teclmical IT Engineer PSJ3:sjt Tiffimy Floyd, Drinking Water Manager, DEQ Boise Regional Office Mark Mason. P.E. Engineering Manager, DEQ Boise Regional Office Stephanie Qrright, Attorney General's Office , DEQ State Office Mont.)' Max-chus , P ,, DEQ Boise Regional Office Mol1y O'Leary, Richardson & O'Leary PLLC, P.O. Box 7218, Boise, ~daho 83707BRO Source File TSP&S Reading File , " , .' , 'I , t' " , ,. EXHIBIT 4 *** Please note that the attached is the Summary of the Engineering Report EAGLE WATER COMPANY , INC. APPLICATION FOR EXTENSION OF SURCHARGE ;::;~:~: Je,INC~ QNSl.JI.JrNS''EN'~rNltE~S ,UJRVE'y'QRS"ANIDPLANNERS , " , c. " '' , .. " ' C" .. ," " 707N.27THST. BOI$E,IDAHQ 83792--31. \3" (~9~~34&q78p ,FAXC4Q8)$4~..8967 . ne .iltw~' p~m~eJ:ing :Q.~fj() J.'t " . c h.ay~te ~ s~ e \Va.sy~er1): ,ofE~ Ie Water CQIDpa'n y .,05 Wtp)'f 01" tP e.p ~~ ' ()I 1) Jgi 4ellttfy :, C qrrentsysl:e11i ..ptes~~ .apd.. ,supp'l~ denote nOte s; ' ' nand '2.)'t:9.iQ:~ ntitY" ~jj~ ~y z~ ' .; ;lJ.Qt~n.tia.lte'n1~d,i~. aCtio I1S, .;, , ani;l,' 3. gen,era.te,a., rnQd~l"fQ1"E)Vc." t(t.~'as;at~Qt..iJ:l~QJ.1"~11.t ~d;"~ep13.ftl1il1g~1)1QJ;iitQ:ri11g;, 'atld~~rn.ent. "Tbesc()~()ft~,FW~E4gitie.~.~~ottw.~ syStem'-'\Viae, , , , 1\1 the cUrrent., time ,ijle d~()I)eP~I!t9f Eri.Vii'p ~e.iimI', QtW.lity.,(IDE ~)...~ 1' lace , de v ~l Q P We Ilt : , . tJ:l oratori'qirl. on tb e ,C0nW~y1S 'certij'feQ-se :rviceare~~ti1. 'potent l~t ernedial actiQns are identified. The City of J;:i:l.gl~iAA.s . beell a$ignificl:lrir grQwt11Pattel'lli ,~l1SusaIld 'PJ~ti()n stini~1es.( as .. btained ,ITOI1l the I~hp Statel)ep~l1qeJJJ)t 6f~Q~mercean.dLabor ,and (jiherso Urces)l:J.fid PQPUhtti()llproj~~sITQ1Ilthe (lemq~phj~.gro;U.p~()lMPAS So f Ij;).A.H0 W8$ .in.tegratedto develop the~luiit~l()w~b1~l1vvasl1$edw.eSt imatjng P9P~ti()n a;p.dgroWth rates: City of Eagle Population History and Projections 35000 30000 s:: 25000 20000 &. 15000 D.. 10000 5000 1990 1995 2000 2005 2010 2015 2020 2025 2030 Years Portions of this growth were by annexation and were outside the Company service area. However, growth has also occurred within the EWC service area through population growth, residential infilling, and an expanding commercial base. This is shown in the table below by the increase in the number of residential and commercial accounts serviced for the current water accounts and the anticipated water accounts for 2010 and 2026. Water Accounts Summary Year Residential Commercial Agricultural Total Water Accounts Accounts Accounts System Accounts 2006 wi 924 358 112 394 Approved Developments 2010 333 408 112 853 2026 603 530 112 245 The above table above indicates, the assumption that growth will only occur in Residential and Commercial accounts. Agricultural accounts would conservatively - 2- remain constant even though Agricultural accounts will likely decrease as development occurs. In addition , the City of Eagle has policy that all new development must be equipped with a pressurized secondary irrigation system utilizing existing irrigation water rights. The maximum day demand data was obtained from EWC personnel. The data indicates a steadily increasing which is attributed to the increase in water accounts served. To determine the maximum day demand per account and if it's changing with time, the maximum day demand was divided by the number accounts for the years 2003 through 2006. The results are listed in the table below. The maximum day demand results are listed in the table below. Maximum Day Demand Year Maximum Day Account Total Maximum Day Demand (gpd)Demand per Account (gpm) 2003 647 000 745 2004 763,000 888 2005 180 000 196 2006 261 000 261 The table shows a continual decrease with time for maximum day demand per account. In projecting future demands on the water system , it is conservatively assumed that each water account would have a maximum day demand of 1.12 gpm instead of following the downward trend. The peak hour flow demand was determined from available flow data, industry references, and peaking factors used by local water systems. A list of some of the industry references and peaking factors from local water systems are shown below. - 3 - System Demand Reference Peaking Factor for Peak Hour Flow Demand Dewberry and Davis land Development Handbook City of Eagle Star Sewer and Water District'1.45 City of Meridian Water Master Plan Update After careful consideration and discussion with IDEO (See Appendix D), it was agreed that a peaking factor of 1.50 be used from maximum day demand to peak hour flow. Thus, each water account would have a peak hour flow demand of 1.68 gpm (1.12 gpm 5). As part of the agreement of using a 1.5 peaking factor for peak hour flow, EWC will monitor the system for peak hour flow and maximum day demand this summer (2007) in order to validate the decision. Each water account was considered a dwelling unit (D.). The plan of study was to utilize computer based modeling software , calibrate the model to available existing system data, and then test various scenarios in the model to see their impact on the overall system s modeled operation. A computer model was setup to simulate the following: maximum day demand with fire flow and the peak hour flow demand under the existing 2006 water system wi approved developments, 2006 with required improvements , the projected 2010 water system , and projected 2026 water system. Each of these scenarios was run with Well #4 off and then Well #6 off per the General Design Conditions (Section 501.17.a). Specific standards (utilized in this modeling) establishing pressure, flow and redundancy requirements were obtained from Idaho Rules for Public Drinking Water Systems (IRPDWS). These standards require a minimum zone pressure of 20 psi during the maximum day demand plus fire flow scenario. The system also needs meet the system wide operational pressure standards of 100 psi maximum and a minimum of 40 psi during normal operations and peak hour flow demand. - 4- Calibration of the model was verified comparing modeling results with actual fire hydrant flow test data. Two separate scenarios were used to verify that the model reflects actual field conditions. The scenarios were before and after Well #7 was put into service and a total of 8 fire hydrant flow tests were compared. The model agrees with reasonable variance to measured field conditions. Varying pressure and flow availability within the system are likely when using data from different hours during the day, years and seasons. The modeling results for the different scenarios were analyzed to identify improvements to the system and make recommendations. One of these evaluated improvements was the use of a water storage facility. The concept of utilizing a tank for a supplemental source when one of the wells is out of service was studied from several angles. The recommended storage capacity of one million gallons was used for the study. To be effective the tank must supply water to the highest service connection with the required working pressure of 40 psi. This would require the minimum operating water level of the tank to be around elevation 2840 feet. The tank must be located outside the existing certificated area for proper elevation or EWC would need to construct an elevated tank. There are few, if any, locations available for the construction of an elevated tank. Two locations outside the service area were evaluated for a tank location. To fill either of the tanks, a tank booster pump station would be required. Due to siting, easements, and economics concerns along with the need for an additional water supply in the near future; it was determined that a water storage facility would be nice but not a necessity. A computer model was setup to simulate the following: maximum day demand with fire flow and the peak hour flow demand under the existing 2006 Water System wi Approved Developments, 2006 with Required Improvements, the projected 2010 Water System , and projected 2026 Water System. Each of these scenarios was run with Well #4 off and then Well #6 off per the General Design Conditions (Section 501.17.a). After evaluating and modeling numerous options, a list of recommendations were developed. The recommendations were divided into the following categories: Mandatory, Future, Suggested , and Completed Actions. Mandatory Actions are those - 5 - immediately required to bring the system into compliance with regulations. Future Actions are recommendations required to support future development. Suggested Actions are items that would optimize the water system but are not required. Completed Actions are recent improvements that have been beneficial to the current water system. For ease of implementation and organization , the action categories have been divided into two subcategories: (1) planning items and (2) construction projects. MANADATORY ACTIONS PLANNING ITEMS A list of MANDATORY planning items to bring the water system into compliance is as follows: None CONSTRUCTION PROJECTS The following list of MANDATORY construction projects along with their construction priority has been developed to increase the service pressure, available fire flow, and water supply within the water system. However, the 2006 Approved Development analysis identified improvement project-related deficiencies within the existing water system. As the model results indicated, the maximum day demand plus fire flow, with Well #4 off, identified 5 residential junctions in the upper pressure zone with fire flow availability less than 1000 gpm and the minimum fire flow for commercial junctions of 1668 gpm. The peak hour demand indicated that the pressure dropped below 40 psi when Well #4 off and then again when Well #6 is off. The results for the 2006 Approved Development indicate the need for the following list of Mandatory construction projects to bring the water system into compliance with IRPDWS requirements. Prioritv #Date Descri tion Cost Estimate (2007-2008) Water Interconnect........................................................ $151 ,250 Interconnect water systems with either United Water or City of Eagle for emergency flow redundancy. The United Water - 6- (2007) interconnect should be made on Floating Feather Road just downstream of the proposed PRSV to feed the lower pressure zone. The United Water Interconnect should be designed to produce 1845 gpm at 61.5 PSI. The City of Eagle interconnect should be made upstream of the proposed PRSV to feed the upper pressure zone. This interconnect should be designed to produce 1845 gpm at 74 PSI. Cost estimate is for United Water Interconnect as modeled in the report and would require a traffic rated vault miscellaneous valves flow meter and appurtenances. Cost Itemization Construction $ 125 000 $ 12 500 $ 137 500 $ 13 750 151 ,250 Engineering (12%) Subtotal Contingency (10%) Total Timeline Overview Design Permitted July 2007 September 2007 December 2007Construction Install PRSV on Floating Feather Road .......................... $43, 120 Replace existing throttling valve with a pressure reducing/sustaining valve. In the water model, the upstream pressure setting was set at 72.5 psi and downstream pressure remained near 55 psi. - 7 - Cost Itemization Construction Engineering (12%) Subtotal Contingency (10%) Total $ 35 000 $ 4 200 $ 39 200 $ 3 920 $ 43 120 Timeline Overview Design Permitted Construction July 2007 August 2007 December 2007, Will be installed during low flow conditions. FUTURE ACTIONS PLANNING ITEMS A list of FUTURE planning recommendations is as follows: None CONSTRUCTION PROJECTS The list below is for Future construction projects which have been selected to able the water system to service the anticipated growth and also eliminate reliance on the proposed water interconnect. Priority #Date Descri tion Cost Estimate (2008- ???*) New Water Source........................................................ $898,040 There are two viable options to increase the available water supply within the water system. The first option would be to renovate existing water sources for additional supply and equip these sources with emergency backup power. The second option would be to drill and construct new water source which would be equipped with emergency backup power. As - 8- (2008-2009) previously stated , the water requirement of 2365 gpm is required for the 2010 and 2026 Scenarios. This item also includes associated piping ($35/ft at 1350 ft) and land ($150 000). Cost Itemization Construction $ 785 000 31,400 816,400 $ 81 640 $ 898 040 Engineering (4%) Subtotal Contingency (10%) Total Timeline Overview Siting Design Permitted October 2007 February 2008 October 2008 December 2008Construction * The questions marks for the completion date indicate the uncertainty associated with siting and permitting a new water source. Well #2 Booster Pump Station Modification """""""""'" $38 115 Increase the pumping head in Booster Pump Station #2 by replacing existing pumps with pumps that produce a combined flow 640 gpm at 148' TDH. This will enable the use of the 000 gallon Well #2 water storage tank to attenuate the peak demand on the water sources. The model was setup with two pumps in operation for convenience only. Any major pump modifications made will require the pumping station to equipped with redundant pumping capacity. It should be designed with either a duplex pumping station with equal sized pumps or a triplex pumping station with two identical smaller pumps and a jockey pump meeting the required flow and head parameters. - 9- (As Developed) Cost Itemization Construction $ 31 500 $ 3 150 $ 34 650 3,465 $ 38 115 Engineering (10%) Subtotal Contingency (10%) Total Timeline Overview Design Approval Construction March 2008 July 2008 November 2008 West Enchantment Street, West Cobblestone Way, and West Yellowstone Street Piping Interconnect $30/ft ~ 3 740 ft plus Bore & Jack $50 000, ................................................... $253 616 Increase the capacity of fire flow near Well #6 when it is off line. It should be a requirement of the developer of residential parcel #2 to make the looped connection including the bore and jack under the canal. The cost should be split between the developer and EWC. Cost Itemization Construction $ 209 600 $ 20,960 $ 230 560 $ 23 056 $ 253 616 Engineering (10%) Subtotal Contingency (10%) Total Timeline Overview - Will be development driven. - 10- SUGGESTED ACTIONS PLANNING ITEMS A list of SUGGESTED planning recommendations is as follows: Provide notification to users in the upper pressure zone that the Main Booster Pump Station is not equipped with backup emergency power or a redundant pump. This could result in temporary loss of pressure during power outages or pump failure. EWC will keep the City of Eagle s plumbing inspectors informed of areas within the service area that have service pressures greater than 80 psi. A figure identifying junctions which have service pressure greater than 80 psi under any of the scenarios is included in Appendix K. All new construction within the 80 psi or greater pressure areas will have a recommendation to be equipped with a individual pressure reducing valve along with a thermal expansion tank. All new subdivisions, if possible, should be a looped system. Minimum 8" waterlines in residential areas and 12" waterlines in commercial areas. No booster pumps should be connected to the water system unless they are owned and operated by EWC and any currently unauthorized pumps should be removed, per Recommended Standards for Water Works, 2003 (Ten States Standards). As development occurs around existing subdivisions, it should required, to connect to the existing subdivisions creating piping loops within the water system. Multiple existing subdivisions are being serviced from one feed line, thus limiting fire flow availability and a redundant water supply. All proposed developments should require a fee for a water model analysis prior to approval. It is suggested that developers be required to submit electronic copies of plans to be integrated into the water model for preliminary plat review. - 11 - CONSTRUCTION PROJECTS A list of Suggested construction projects have been developed for operational purposes for the water system. Prioritv #Date Descri tion Cost Estimate (N/A)Pump Redundancy for the Main Booster Pump Station ..$51 744 Provide pumping redundancy through either a water system interconnect to the upper pressure zone (the City of Eagle Water Interconnect) or an additional pump in the Main Booster Pump Station. Cost Itemization Construction Engineering (12%) Subtotal Contingency (10%) Total $ 42 000 040 $ 47 040 704 $ 51 744 Timeline Overview Design Permitted 2 Months 1 Month Construction period. 1 Month, during a low demand (N/A)Install Recording Flow Monitors ......................................$47 080 Install recording flow meters on Well #4, Well #7, Well #6 , Well , Main Booster Pump Station, and Booster Pump Station #2. Cost Itemization Construction Engineering (Specs Only) Subtotal Contingency (10%) $ 42,000 800 $ 42 800 280 - 12- Total $ 47 080 Timeline Overview Design Permitting Construction 2 Months 2 Months 3 Months COMPLETED ACTIONS PLANNING ITEMS A list of COMPLETED planning recommendations is as follows: Planning and implementation of Well #7. CONSTRUCTION PROJECTS A list of Completed construction projects performed by EWC in an effort to increase source availability within the water system is provided below. Prioritv #Date Descri tion Cost Estimate Completed (2006)New Water Source - Well #7 (Constructed and Online) $638 600 Construct new water source and associated piping with emergency backup power supply. (Per EWC's understanding of the consent order, EWC must indicate what specific actions are required to bring the water system into compliance. Additional source was determined the #1 priority and Well #7 and interconnect listed below was construction. Therefore, it is included as our #1 priority for improvement). Cost Itemization Construction Total $ 620 000 $ 18 600 $ 638,600 Engineering - 13- Timeline Overview - Completed Completed (2006)Well #7 Interconnect (Constructed and Online) .............$153 300 Construct new transmission piping from Well #7 to existing piping along Eagle Bypass. Cost Itemization Construction Total $ 146 000 $ 7 300 $ 153 300 Engineering Timeline Overview - Completed Completed (2007)Repair Well #4................................................................. $56, 100 Well #4 is currently being rebuilt to provide additional water source. The reconditioned pump will be online prior to summer demand of 2007. Cost Itemization Construction Subtotal Contingency (10%) Total $ 51 000 $ 51 000 $ 5,100 $ 56,100 Costs are estimates only and because final billing has yet to be received and finalized. Timeline Overview - Completed Financial Plan The following calculations have been prepared by Geneva Trent, CPA, for Eagle Water Company, Inc. Eagle Water Company intends to file an Application with the Idaho Public Utilities Commission (IPUC) to finance the recommended system improvements, as needed. If the system improvements and related surcharges are approved by the - 14- IPUG , Eagle Water would seek commercial financing for the projects and the borrowed funds would then be repaid through a surcharge on customers' usage. The attached surcharge calculations indicate the percentage that Eagle Water customers might be required to pay over-and-above current water rates, for the various recommended improvements, if approved by the IPUG. Eagle Water has been ordered by the IPUG to submit an Application for financing necessary systems improvements by July 15, 2007. Eagle Water is prepared to do so immediately upon DEa's acceptance of its Preliminary Engineering Report. - 15 - Eagle Water Company Calculation of Surcharge Amounts for Proposed Improvements at June 10, 2007 MANDATORY ACTIONS - Construction Projects: Priority #1 - Water Interconnect Cost of Priority 1 Estimated bank loan fees $151 250. 500. Amount Financed Term (estimated) Interest Rate Monthly Payments Required $ 152 750. 5 years 50% $ 3 208.(approximate) Annual Cash Required $ 38,496. Multiplied by Gross-up (from below)127.88% Total Annual Surcharge $ 49 228. Divided by Total Annual Revenue $ 729,590.( 2006 revenues) Surcharge 747% 2006 Customers Residential Commercial Totals Revenues $ 542 947. 186,642. $ 729,590. Percent of Total 74.42% 25.58% 100.00% Calculation of Gross-Up Factor for Taxes: 100.00%taxable 8.00%State Tax Rate 92.00%Federal Taxable 13.80%Effective Federal Tax Rate 21 .80%Composite Tax Rate 78.20%Net After Tax Income 127.88%Gross-up Factor (Federal Rate 15%) 2) + 4) - 16 - MANDATORY ACTIONS - Construction Projects (continued) Priority #2 - Install PRSV on Floating Feather Road Cost of Priority 120. Estimated bank loan fees 400. Amount Financed 43,520. Term (estimated)1 year Interest Rate 50% Monthly Payments Required 816.(approximate) Annual Cash Required 792. Multiplied by Gross-up 127.88% Total Annual Surcharge 58,558. Divided by Total Annual Revenue $ 729 590.( 2006 revenues) Surcharge 026% FUTURE ACTIONS - Construction Projects: Priority #1 - New Water Source Cost of Priority $ 898 040. Estimated bank loan fees 000. Amount Financed $ 907,040. Term (estimated)10 years Interest Rate 50% Monthly Payments Required 737.(approximate) Annual Cash Required $ 140 844. Multiplied by Gross-up 127.88% Total Annual Surcharge $180 111. Divided by Total Annual Revenue $ 729 590.(2006 revenues) Surcharge 24.687% - 17- FUTURE ACTIONS - Construction Projects (continued) Priority #2 - Well #2 Booster Pump Station Modification Cost of Priority 115. Estimated bank loan fees 400. Amount Financed 38,515. Term (estimated)1 year Interest Rate 50% Monthly Payments Required 377.(approximate) Annual Cash Required 40,524. Multiplied by Gross-up 127.88% Total Annual Surcharge 822. Divided by Total Annual Revenue $ 729 590.(2006 revenues) Surcharge 103% SUGGESTED ACTIONS - Construction Projects: Priority #1 - Pump Redundancy for the Main Booster Pump Station Cost of Priority 744. Estimated bank loan fees 500. Amount Financed 244. Term (estimated)2 years Interest Rate 50% Monthly Payments Required 2,400.(approximate) Annual Cash Required 800. Multiplied by Gross-up 127.88% Total Annual Surcharge 36,829.44 Divided by Total Annual Revenue $ 729,590.(2006 revenues) Surcharge 048% - 18- SUGGESTED ACTIONS - Construction Projects (continued) Priority #2 - Install Recording Flow Monitors Cost of Priority 080. Estimated bank loan fees 450. Amount Financed 530. Term (estimated)1 year Interest Rate 50% Monthly Payments Required 167.(approximate) Annual Cash Required 50,011. Multiplied by Gross-up 127.88% Total Annual Surcharge 63,954. Divided by Total Annual Revenue $ 729,590.(2006 revenues) Surcharge 766% We sincerely appreciate the opportunity to be of service to you on this project and we look forward to continuing to serve you. Yours truly, - 19- EXHIBIT 5 EAGLE WATER COMPANY , INC. APPLICATION FOR EXTENSION OF SURCHARGE STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY r-_ :::::--"'-""'" ", ",.- .. i re' I \,iD I.. c.I, i('" I n I: IiL." I __._--~._,,---.------- ----' 1410 North Hilton. Boise. Idaho 83706. (208) 373-0502 L. "Butch" Otter, Governor Toni Hardesty, Director TSP&S-lSO/2007 July 6, 2007 Mr. Robert V. DeShazo, Jr. Eagle Water Company, Inc. 172 W. State Street Eagle, Idaho 83616 Subject: Eagle Water Company (City of Eagle, Ada County) Approval of Final Engineering Report Dear Mr. DeShazo: The Idaho Department of Environmental Quality (DEQ) hereby approves the Final Engineering Report dated June 2007 for the Eagle Water Company (EWC) water system in accordance with the procedures set forth in the DEQ/EWC Consent Order signed by both parties on February 17, 2006. A. Action Items: As part of this approval, the following plans, schedules or related activities (Action Items) set forth below and in the Final Engineering Report shall be incorporated by reference into the Consent Order and be enforceable as provided by applicable law. Restrictions and conditions pertaining to these Action Items are presented in Section B. 1. EWC shall monitor system water usage during the summer of 2007 to detennine the peak hour flow and maximum day demand during that period. EWC shall compare that information with the values used to prepare the Final Engineering Report and present the findings to DEQ in a brief report by no later than October 31 , 2007. 2. EWC shall submit an application for financing the proposed system modifications to the Idaho PublicUtility Commission (IPUC) by July 15,2007. 3. EWC shall proceed as expeditiously as possible to make the following system modifications listed as mandatory" in the Final Engineering Report for correcting deficiencies in the existing system: a. Interconnect with an adjacent public water system to ensure a sufficient supply of supplementalwater so that the EWC water system satisfies all applicable Idaho Rules for Public Drinking Water System pressure and flow requirements with the largest (most critical) EWC water source out of service. EWC shall provide the Preliminary Engineering Report for this interconnection to DEQ for approval by no later than July 31, 2007. EWC shall have the interconnection installed and operational by no later than December 31, 2007. EWC shall operate and maintain this connection until such time as an alternative source or sources of water are provided such that EWC cancontinue to satisfy Idaho Rules for Public Drinking Water System pressure and flow requirements with the largest (most critical) EWC water source out of service. Robert V. DeShazo, Eagle Water Company Final Engineering Report , July 6, 2007 Page 2 b. Install an automatic pressure reducing/sustaining valve (pS/RV) in the water system at FloatingFeather Road. EWe shall provide the Preliminary Engineering Report for this PS/RV to DEQ for approval by no later than July 31 2007. EWe shall have the PS/RV installed and operational by no later than December 31 , 2007. 4. EWe shall proceed in a timely manner to make the following system modifications required to satisfy system demand requirements forecast for the year 2010: a. Develop a 2 365 gallon-per-minute (gpm) alternative source or sources of water supply such that Idaho Rules for Public Drinking Water System pressure and flow requirements are satisfied system-wide with the largest (most critical) EWe water source out of service. This supplementalwater may come from new wells, modifications to existing wells, interconnections with other public drinking water systems or combinations thereof. Ewe shall provide the Preliminary Engineering Report for this alternative source or sources to DEQ for approval by no later than September 30, 2007. The Preliminary Engineering Report shall provide a more detailed implementation schedule that will then be incorporated by reference into the Consent Order. EWe shall have the new source or sources, as appx:oved by DEQ, installed and operational by no later than December 31,2008. b. Modify the Well #2 booster pump station so that the new station can produce a combined flow of 640 gpm at 148-feet total dynamic head while satisfying Idaho Rules for Public Drinking Water Systems redundancy requirements (largest pump out of service). Ewe shall provide the Preliminary Engineering Report for the booster station modifications to DEQ for approval by no later than March 31, 2008. EWe shall have the modifications to the booster station, as approved by DEQ, installed and operational by no later than November 30, 2008. 5. EWe shall proceed in a timely manner to make the following system modification required to satisfy system demand requirements forecast for the year 2014: Install a more direct pipeline connection between the service area around Well #6 and the pipeline along Floating Feather Road as set forth in the Final Engineering Report in order to improve fire flows at the west end of the EWe service area whenever Well #6 is out of service. Ewe shall provide the Preliminary Engineering Report for this pipe connection to DEQ for approval by no later than March 31 , 2012. EWe shall have the loop installed and operational by no later than December 31, 2012. B. Restrictions and Conditions: With regards to the above Action Items, DEQ imposes the following restrictions and conditions: 1. The Consent Order Final Engineering Report is the functional equivalent of a Facility Plan as defined in Section 003.34 of the Idaho Rules for Public Drinking Water Systems (mAPA 58.01.08). To confonn to requirements set forth in Section 503 of the Idaho Rules for Public Drinking Water Systems, EWe shall submit a Preliminary Engineering Report (see definition in Section 003.72 in the Idaho Rules for Public Drinking Water Systems) for any material modification to the water system. After DEQ approves that Preliminary Engineering Report, EWe shall then submit the plans and specifications for that modification to DEQ for approval. The Action Items involving system modifications reflect this requirement. DEQ Robert V. DeShazo, Eagle Water Company Final Engineering Report July 6, 2007 Page 3 recognizes that the Final Engineering Report provided sufficient technical details for some of the proposed modifications (namely Action Items A.3.b and A.b) such that their Preliminary Engineering Reports could be fairly simple documents, perhaps even letter-style, referencing the Final Engineering Report. 2. The Consent Order Preliminary Engineering Report implementation schedules for individual system modifications do not address the requirement for providing Preliminary Engineering Reports. Rather than delaying the project by requiring such infonnation to be provided in the Final Engineering Report, DEQ elected to work with EWC's engineer, MTC Engineers, Inc., to establish the dates indicated in this letter. In all cases, the plans and specifications will be submitted within 30 days after DEQ approves the Preliminary Engineering Report. By agreement, these dates will become part of the overall implementation schedule for the Consent Order. For both the Preliminary Engineering Report and related plans and specifications, thereview and approval process shall be as described in Paragraph 5 of the Consent Order. 3. With this approval of the Final Engineering Report, projects involving only water mains (sewer mains are handled separately by the Eagle Sewer District) may be approved for construction, only, by either DEQ or a Qualified Licensed Professional Engineer working on behalf of EWC. However, Sanitary Restrictions may not be lifted by either DEQ or a Qualified Licensed Professional Engineer until written authorization is provided by DEQ. DEQ will provide this authorization after 1) Action Items A.l and A.2 are completed and 2) the system modifications listed in Action Item A.3 are operational (or close enough that DEQ is satisfied that completion is assured). . 4. For system modifications involving interconnections (Action Items A.a and possibly A.a), the Preliminary Engineering Reports shall include calculations or modeling results from the supplemental water suppliers' demonstrating that they can satisfy the needs of the EWe system while continuing to meet Idaho Rules for Public Drinking Water Systems requirements in their own systems. This demonstration shall be based on the EWC and supplemental water supplier simultaneously experiencing similar demand situations (i.e., maximum daily demand with fire flow and peak hour demand) with all of the supplemental water supplier s sources and booster pwnps operational. 5. EWC shall not make any new service connections in the system s high pressure zone until all Idaho Rules for Public Drinking Water Systems redundancy requirements for the main booster station have been met. redundancy is achieved by an interconnection covered under another Action Item, then EWe shall provide a Preliminary Engineering Report for DEQ's approval that demonstrates that Idaho Rules for PublicDrinking Water pressure and flow requirements in the high pressure zone are met with the booster pwnp out of service. If redundancy is achieved through a system modification not covered under another Action Item, EWC shall follow standard Idaho Rules for Public Drinking Water Systems procedures by first submitting a Preliminary Engineering Report for DEQ's approval followed by plans and specifications. 6. Assuming redundancy requirements at the main booster station have been satisfied, the number of total service connections in the system's high pressure zone shall not exceed 125% of the total number ofexisting connections until EWC has demonstrated to DEQ's satisfaction, that all Idaho Rules for Public Drinking Water Systems standby power requirements have been satisfied. Robert V. DeShazo, Eagle Water Company Final Engineering Report July 6, 2007 Page 4 C. Recommendations: DEQ feels that the following Final Engineering Report Suggested Actions are particularly important and encourages EWC to take the appropriate action: 1. Notify all customers in the system's high pressure zone that the main booster station currently does not have pumping redundancy or standby power. 2. Keep the City of Eagle s plumbing inspectors and developers informed as to what parts of the service area have service pressures greater than 80 pounds per square inch (psi). Please call me with any questions at 373-0514, or contact me via e-mail at peter.bair~dea.idaho.l!ov lJ~' Peter S. Bair, P. Technical II Engineer PSB:sjt Attachment: Approved copy of Final Engineering Report Tiffany Floyd, Drinking Water Manager, Boise Regional Office Mark Mason, P .E. Engineering Manager, Boise Regional Office Stephanie Ebright, Attorney General's Office, DEQ State Office Monty Marchus, P .E., Boise Regional Office James M. Rees, P., MTC, Inc., 707 N. 27th St., Boise, Idaho 83702 (wi approved copy of Final Engineering Report) Molly O'Leary, Richardson & O'Leary PLLC, P.O. Box 7218, Boise, Idaho 83707 Randy Lobb, Idaho Public Utilities Commission BRO Source File - Eagle Water Company (wi approved copy of Final Engineering Report) TSP&S Reading File EXHIBIT 6 EAGLE WATER COMPANY , INC. APPLICATION FOR EXTENSION OF SURCHARGE 06/26/2007 08:37 18014878668 MTC EDJin,cering , Job #- M1'~OO2'"06 cmpi ConttaetAmount: Total Change Order Amo~nt; , Revi~d to~tt Amount: . . Conttaet Amount R~aining: WARD ENGINEERING GRO PAGE 02 $43,000. $53 064.13 fAlJditional Servict.. S'96,Q64. Water. System S~~Y,' Ea~c Water Comtlny . , : JlWoice .' ., Irtv.(te~' (.nvo.iccNumber Date ' Amount10041 111t1l2006 S 23,214.2(1215 IIt2Sf2006 S 603, 2iJ336 , 12i9/2006 ,$ 4 222. 2i1SJ2 1212312006 :$ 5 520. 20692 116/2007 $ 3.712.20934 1120.l2mJ7. $ 455. 21:\ 52 2J3/~7 S 8,272.. 2/.3'29 2fi1/2OQ7 $ ~77.50 21M5 2111'6 21%7 2.2.422 , . 22732 . : :1/1712001 3t31/2007 411412007 5/12.12007 6/9/2001 Credit issued ( Overpayment) -; . OO . 3l'7:\ 363. 15,954. , , 24.460'. Job Statement 619/07 T&M Date-Amount Paid Paid 12/13/00-::'/3/07 23,'l14.4Ct 5/812.007 6'03. 3.'812007 2.22..50 3/8/20();520. 3ltF2007 712.5() j,'8:2001 455. 3/1112001 212J9 3/812007 977.50 3/8/2007 J(l,O2L67 Amount Billed to. Date: Amount hid '0 Date': CreditS Js"ued: Department Manager ARb ENGINEERING. GROUP (101) 487~8040 COMMENTS: 96~O64. 000. 39,064. ----- 6/9/2QO7 D8te: A i .$% interest charge :ihaH b~ added and billed separately each l'l'Kmth on any ~n1~JUnt overdl)(. Pnsidtnt: S. TabTi,, 06/26/2007 88: 37 18014878668 W~RD ENGINEERING GRO PAGE ..A..-- ~ ~d:.~!!!" r!'J. ,!.. ~r' ""---~ ~~. w;~~80:,,\,g.::~t~~;~::'1w.lt ~;~~:' 3t!f41~1 'Tot. 8O!,~81."Q4t: . Fao , ~~ , 1I9~.tI6(,i Date 1'119/2007 InvoiCe # 22732 BU' To MTC Attention: iim j07 NOt'fb 27tb Jlbise. lD. 83102 "Terms Due, Date JOb No,Job' DeSi:fiptiQn Net 11912.007 MTCOO2.Eagle Water Company Item 1;i)ftCrlptlon Fee Previously Currenl SiRed 8i11 P.~aiu w~ Mode!illl! Review, Update, &:viaion5 kI Report and Figures $43.000.543.000.iO. Mditional Work. Site Viiit/Trlp to Bnise, lciaho OOO.OOO. ~:) $0. Additiori~ Work. Project Cooditnttil:sn with DEQ 311(( Addresdng 5977,$9i7.50 $0. Adltitional WOrk ~ MOdmcanons ro.$ysmrtModel, Modification$$7;990.$7,990.SO, to R1!port. Figu.l'e$. and T4ble work with Jim Reea! AddiiiOri,a1 Wol:k ~ Rev.iSiOn! ro Summary/Ex1!cl.Il':ive Repon $3'18.$318.50. (CAR)' Additional Wotk - Modeling Ch~nBC$ to w~n No, 4 and lmercOfl.ftedion, Mu~er Plan. Rawrite. Figures, and Tabl~$40,414.S15 9.:i4.S:2.4 460. Copyibsl.RcpJOducfion Services, Eft. SO. Total 1U,W.5& ...,.: k_I .,'" ' .ac.' ,t- ~' ;:--; ,' MTC, INC. CONSUTING ENGINEERS, SURVE RS AND PLANNERS 1707 N. 27th STREET I Boise, ID 83702 208- 345-00780 fax 208- 345-8967 FOR PROFESSIONAL ENGINEERING SERVICES FEDERAL # 82-0398542 ACCOUNT OF JOB NUMBER EAGLE WATER COMP.05-840 O. BOX 455 EAGLE, ID 83616 JOB # 05-840 JUNE 27, 2007.. PUC STUDY FOR EAGLE WATER COMPANY BILLED $P AID---Date AUGUST 2005 377.377. SEPTEMBER 962.962. OCTOBER 571.571. Water Program 044.044. NOVEMBER 10,808.10,808. DECEMBER 2005 10,976.10,976. 741.12--2005--paid JANUARY..2006 $13,165. FEBRUARY $12,714. MARCH $10 028. APRIL $10,131. MAY $11 928. JUNE $1,919. JULY $791. AUGUST $340. SEPTEMBER $890. OCTOBER $582. NOVEMBER $340. DECEMBER---2006 $680. MTC PAID to WARD ENGINEERING 22,000. paid 12-11--2006 paqe 1 JOB # 05-840 JUNE 27, 2007.. PUC STUDY FOR EAGLE WATER COMPANY BILLED $Date PAID JANUARY 2007 892. printing 12 books $381. FEBRUARY $977. MARCH $595. APRIL 438. MAY 815. JUNE 975. TOTAL JUNE 27, 2007 $144 329.741.12--8-06 less total paid $44 741. TOTAL DUE $99 588. page 2 EXHIBIT 7 EAGLE WATER COMPANY, INC. APPLICATION FOR EXTENSION OF SURCHARGE RICHARDSON & O'LEARY, PLLC 515 N. 27th Street O. Box 7218 Boise, ID 83707 To: Eagle Water Company Robert. V. DeShazo, Jr., Pres. PO Box 455 172-D W.State Street Eagle, ID 83616 Date 07/31/2005 08/16/2005 08/16/2005 09/13/2005 09/21/2005 10/1 0/2005 I 1/08/2005 11/09/2005 11/21/2005 12/13/2005 01/11/2006 01/12/2006 02/07/2006 02/09/2006 03/13/2006 03/15/2006 04/24/2006 OS/24/2006 06/20/2006 06/20/2006 06/26/2006 07/12/2006 07/17/2006 08/1 0/2006 08/31/2006 08/31/2006 09/11/2006 10/1 0/2006 10/12/2006 10/23/2006 11/10/2006 12/12/2006 CURRENT Transaction Balance forward 16RO - DEQ/Water Pressure- !NV #2163. Due 08/16/2005. PMT #1012. from trust fund INV #2180. Due 09/13/2005. PMT #6812. INV #2229. Due 10/10/2005. INV #FC 371. Due 11/08/2005. Finance Charge !NV #2302. Due 11/09/2005. PMT #6989. INV #2314. Due 12/13/2005. INV #FC 399. Due 01/1 I/2006. Finance Charge INV #2367. Due 0I/12/2006. INV #FC 423. Due 02/07/2006. Finance Charge INV #2428. Due 02/09/2006. !NV #2490. Due 03/13/2006. INV #FC 437. Due 03/15/2006. Finance Charge INV #2538. Due 04/24/2006. INV #2602. Due OS/24/2006. INV #2665. Due 06/20/2006. INV #FC 477. Due 06/20/2006. Finance Charge PMT #7553. INV #FC 499. Due 07/12/2006. Finance Charge !NV #2737. Due 07/17/2006. !NV #2752. Due 08/1 0/2006. PMT #7816. PMT #3300. INV #2797. Due 09/1 I/2006. INV #2861. Due 10/1 0/2006. INV #FC 608. Due 10/12/2006. Finance Charge PMT INV #2925. Due 1 I/10/2006. INV #2992. Due 12/12/2006. 30 DAYS PAST DUE 31-60 DAYS PAST DUE 47.371.15 61-90 DAYS PAST DUE 107. Page 1 Statement Date 7/15/2007 Amount Due 897. Amount 265. 265. 318.33 318. 318. 32. 318. 262. 327. 247. 825. 16. 352. 1.227. 1.959. 42. 297.36 59. 510.40 40. 374. 889. 108. 142. 15. 620. 239. 497. OVER 90 DAYS PAST DUE 370. Amount Enc. Balance 265. 318. 318. 321.93 354. 35. 297. 300. 627. 633. 880. 706. 1.723. 075. 302. 261.89 6.304. 007. 066. 577.04 617. 243. 354. 1,463. 605. 620. 239. 737. Amount Due $4,897.42 RICHARDSON & O'LEARY, PLLC 515 N. 27th Street O. Box 7218 Boise, ID 83707 Statement Date 7/15/2007 To: Eagle Water Company Robert. V. DeShazo, Jr., Pres. PO Box 455 172-0 W.State Street Eagle, ID 83616 Amount Due Amount Enc. 897. Date Transaction Amount Balance 01/15/2007 INV #3058. Due 01/15/2007.512.249. 02/15/2007 INV #3122. Due 02/15/2007.825.074. 02/21/2007 PMT #8431.249.825. 03/14/2007 INV #3170. Due 03/14/2007.545.43 1.370.04/16/2007 INV #3218. Due 04/16/2007.1.688.059. 05/07/2007 INV #FC 778. Due 05/07/2007. Finance Charge 30.090. 05/10/2007 !NV #3274. Due 05/10/2007.388.478. 06/06/2007 !NV #FC 802. Due 06/06/2007. Finance Charge 44.523. 06/12/2007 !NV #3335. Due 06/12/2007.326.849. 07/11/2007 INV #FC 830. Due 07/11/2007. Finance Charge 47.897.42 CURRENT 30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount DueDUEDUEDUEPAST DUE 47.37I.l5 107.370.897. Page 2 EXHIBIT 8 EAGLE WATER COMPANY, INC. APPLICATION FOR EXTENSION OF SURCHARGE geneua 71. 7ren~ c5olu/ions for small bus1nesses 942 Preakness Dr. . Eagle, ID 83616 . (208) 939-8206 Invoice Date Invoice # 7/1/2007 7032 Bill To Eagle Water Company, Inc. O. Box 455 Eagle, Idaho 83616-0455 f~: CQ; TJiiJ ! - BY L_. =::-,=,_.:~-:~=:::::~-: Description Amount 3/16/07 Prepare surcharge calculations for DEQ Engineering Report 350. 6/1 0/07 Prepare surcharge calculations for DEQ Final Engineering Report 250. T etal $600. EXHIBIT 9 EAGLE WATER COMPANY, INC. APPLICATION FOR EXTENSION OF SURCHARGE geneva 71. 7ren~ c5olu/ions for small businesses Robert DeShazo, Jr. Eagle Water Company POBox 455 Eagle, Idaho Dear Robert Based on the work entailed for the previous Surcharge Application, I estimate that my fees for preparing this Surcharge Extension Application will be $600. Thank you for this opportunity. Sincerely, 1:J- Geneva A. Trent, CPA 942 Preakness Dr. . Eagle ID 83616 . (208) 939-8206 EXHIBIT EAGLE WATER COMPANY, INC. APPLICATION FOR EXTENSION OF SURCHARGE BIim~D,S~\Nr &: QI~Y.Pll.CATTORNEYS AT LAW Molly 0' Leary Tel: 208-938-7900 Fax: 208-938-7904 mol1 yIP ri ch ards 0 na nd oleary. com O. Box 7218 Boise, ID 83707 - 515 N. 27th Sr. Boise, ID 83702 23 July 2007 Robert V. DeShazo, Jr. - President Eagle Water Company, Inc. 172 W. State Street Eagle, Idaho 83616 Re:1076/15 - Emergency Surcharge Dear Robert: I have estimated my legal fees for the handling of Eagle Water Company s Emergency Surcharge Application as follows: 68.57 HOURS (Q) $175.00 per hour = $12 000. EXHIBIT 1 EAGLE WATER COMPANY , INC. APPLICATION FOR EXTENSION OF SURCHARGE TC, INC. CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS707 N. 27TH ST. BOIse. IDAHO 83702-3113 (208) 345-0780 FAX (208) 343-8967 July 10, 2007 Molly O"Leary Richardson &. O'leary PiLC 515 N. 27th Street Boise, ID 83702 Dear Molly; I have finished the estimate for the Eagle City connection. Valves 12" installed with blocking as required Pipe 12" C-900 SOLF installed 12" tee and coupling installed Meter and vault MobIDemob equipment and materials Contingency (1 5%) Engineering (12%) $10,500 $ 2,500 $ 3,000 $25,000 $15,000 $5.6.000 $ 8,400 $ 6,720 TOT $71.000. Design August 2007Permitted October 2007 Constructed December 2007 EXHIBIT 1 EAGLE WATER COMPANY, INC. APPLICATION FOR EXTENSION OF SURCHARGE f'lIDAHO BANKING " " . , , . . t~ ot.t ,& 6~. :0!. ~!;;--::.,';"". :~;~";i:~;':'i August 3, 2007 Eagle Water Company Attn: Robert DeShazo, Jr. I Eagle 402 Hagle Rd. Eagle, Idaho 83616 208-939-7040 Dear Robert, Pursuant to our recent conversation, here is an estimate of anticipated loan costs associated with your request. ; Fairview 6010 Falrview Ave. 8olse, Idaho 83704 208-472-4700 Loan Amount: Term: Variable Interest Rate: $201,433. 2 Years given similar collections WSJ Prime + 2.00% (today s rate = 10.25%) I Meridian 1875 S. Eagle Rd. Meridian, Idaho 83642 206-955-g686 Interest Only Payment(full advance): $1 697.01/mo.given no change in rate Principle Reduction required quarterly - all available funds drawn from controlled surcharge account.Loan Fee: 1 % of Loan Amount Please note that this is not to be considered a commitment to finance by Idaho Banking Company, but simply for discussion purposes only. a Parl!Cenler 449 E. Parkcenler Blvd. 801se, Idaho 63706 206-395-1505 . If you should have any further questions please call me at (208) 939-0554. 1:1 Mortgage 2965 E. Tarpon Dr., Sic. 150 Meridian, Idaho 83642 208-378-1013 Sincerely, Becky Fowers A VP & Branch Manager Idaho Banking Company 1:1 Construction 2965 E. Tarpon Dr., Sle. 150 Meridian, Idaho 83642 206-947-5586 EXHIBIT 1 EAGLE WATER COMPANY , INC. APPLICATION FOR EXTENSION OF SURCHARGE Eagle Water Company Calculation of Additional Surcharge Amounts at July 23, 2007 Professional fees outstanding: Estimated bank loan fees $ 201,433. 014. Amount Financed Term I nterest Rate Monthly Payments Required $ 203 448. 2 years 10.25% $ 9,411.59 (approximate) Annual Cash Required $ 112 939. Multiplied by Gross-up (from below)127.88% Total Annual Surcharge $ 144,426. Divided by Revenue subject to Surcharge $ 309,498.26 (2006 revenues) Surcharge 46.665% Totals Revenues $ 542 947. 186 643. $ 729 590. Percent of Total 74.42% 25.58% 100.00% 2006 Customers Residential Commercial Calculation of Gross-Up Factor for Taxes: 1 )100.00% taxable 00%State Tax Rate 92.00% Federal Taxable 13.80%Effective Federal Tax Rate 21.80% Composite Tax Rate (Federal Rate 15%) 2) + 4) 78.20% Net After Tax Income 127.88% Gross-up Factor