LSB:jgj. December 5,2008

Transcription

1 WEST VIRGINIA AMERICAN WATER Linda S. Bouvette Vice President, Secretary and Corporate Counsel P. 0. Box 1906 Charleston, WV P: F: E: December 5,2008 Sandra Squire, Executive Secretary Public Service Commission of West Virginia 201 Brooks Street P.O. Box 812 Charleston, WV CASE NO W-PWD-PC-CN WEST VIRGINIA-AMERICAN WATER COMPANY AND SALT ROCK WATER PUBLIC SERVICE DISTRICT Joint Application for consent and approval of an amendment to the Operation and Maintenance Agreement between West Virginia-American Water Company and Salt Rock Water Public Service District and for a certificate of convenience and necessity to construct certain additions and improvements to its existing water distribution system and for approval of the financing thereof. Dear Ms. Squire: Please find enclosed the original and twelve copies of MOTION FOR COMMISSION TO RETAIN CASE for filing in the above-referenced action. A copy has been handdelivered to counsel of record. Please do not hesitate to contact me should you have any questions regarding this matter. LSB:jgj

2 P U B LI C S E RVI C E COM M I SS IO N OF WEST VIRGINIA CHARLESTON CASE NO W-PWD-PC-CN Joint Application by West Virginia-American Water Company and Salt Rock Water Public Service District for a Certificate of Convenience and Necessity and for approval of a related agreement between the applicants. MOTION FOR COMMISSION TO RETAIN CASE Comes Salt Rock Water Public Service District, a public corporation ( Salt Rock PSD ), and West Virginia American Water Company, a public utility ( WVAW or the Company and jointly, the Applicants ), and respectfully MOVE the Public Service Commission of West Virginia ( Commission ) to retain this case rather than referring same to an administrative law judge for a decision. In support of their motion, the Applicants state as follows: 1. A Certificate to construct the Project was granted by Recommended Decision entered on June 13, 2008, and final on June 22, 2008 ( Order ). Applicants are seeking an amendment to the Certificate which would allow an additional extension and an upgrade to one of the proposed lines to provide fire service in the future to be constructed 2. The contractor has extended its bid on two separate occasions, with the second bid extension to expire on December 31, A copy of the contractor s extension letter is attached hereto as Exhibit A and incorporated herein by reference. If closing does not occur prior to December 31, 2008, then the bid will expire and the Project will have to be rebid, causing a significant delay in providing water service to unserved and underserved areas.

3 3. Bond counsel for the Project has advised that closing with the Water Development Authority on the financing has been set for 9:30 a.m. on December 19, 2008, in an attempt to avoid conflicts with holiday schedules. 4. The Notice of Filing was published on December 4, 2008, providing a ten day notice period which will expire on December 15, Applicants do not expect any interventions or protests to be filed in response to the publication. According to Staff assigned to this case, the Final Joint Staff Memorandum will be filed the week of December 8, A final order of the Commission is required in order to meet bond counsel's closing requirements. If referred to an administrative law judge, entry of a final order will be delayed. WHEREFORE, the Applicants respectfully request the Commission retain this matter and enter an Order approving the amendment to the Certificate on or before December 18, Respectfully submitted this!lith day of December, SALT ROCK WATER PUBLIC SERVICE DISTRICT And WEST VIRGINIA-AMERICAN WATER COMPANY By Counsel West Virginia American Water Company P.O. Box 1906 Charleston, WV Counsel for West Virginia-American Water Company 2

4 Chojnacki Construction Inc. P.O. Box 22 Hamlin, WV Phone: (304) Fax: (304) October 29,2008 \ Jim Nagy Te rrado n To Whom It May Concern: Chojnacki Construction Inc. agrees to hold their original bid price until December 31,2008 as long as the material prices quoted do not change. If material prices quoted woutd increase the bid price would also have to increase. If you have any questions or comments please contact me at the above number. Thank You, Andrew Chojnacki/President [.i] EXHIBIT

5 CERTIFICATE OF SERVICE I, Linda S. Bouvette, do hereby certify that the foregoing MOTION FOR COMMISSION TO RETAIN CASE was served upon the following by hand-delivery this 5th day of December, 2008, to: Leslie Anderson, Staff Attorney Legal Division Public Service Commission of West Virginia 201 Brooks Street Charleston, WV