PUBLIC SERVICE COMMISSION. Issued: October 14, 2008 PROCEDURAL ORDER

Transcription

1 081259alJ wpd PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Issued: October 14, 2008 CASE NO S-CN TOWN OF BETHANY SANITATION BOARD, a public utility, Bethany, West Virginia Application for a certificate of public convenience and necessity to construct certain improvements to its existing wastewater system and for approval of the financing thereof. PROCEDURAL ORDER On July 28, 2008, the Town of Bethany Sanitary Board (Town or Applicant), by counsel, filed an unverified application for a certificate of public convenience and necessity with the of West Virginia (Commission), pursuant to West Virsinia Code , to construct certain additions and improvements to its existing wastewater system at an estimated cost of $565,000. Verification is required for such filings by Procedural Rule 26 of the Commission's Rules of Practice and Procedure (Procedural Rules). The proposed project will be funded by a grant from the Governor's Community Participation Program in the amount of $65,000 and a United States Department of Agriculture Rural Utilities Service (RUS) Loan in the amount of $500,000 at 4.375% interest for term of 40 years. No interim financing has been secured for the project. The Town is not requesting an increase in its exiting tariff rates and, therefore, requests a waiver of the requirement to file a Tariff Rule 42 Exhibit. In support of the request for a waiver from filing a Tariff Rule 42 Exhibit, the Town filed a Cash Flow Analysis. (See, Application filed on July 28, 2008). According to the application, the Town has received the necessary permits and approvals for construction from the Department of Highways, DEP site NPDES Stormwater Discharge, Public Lands and the Bureau of Public Health, and clearance from the West Virginia Historic and Preservation Office. The Town has an agreement with the Ohio County Public Service District (District), whereby the District provides water service to the Town's water customers and performs wastewater billing

2 services for the Town based on water usage. However, no such agreement accompanied the application, although required also by Procedural Rule 26. Finally, the application states that the West Virginia Infrastructure and Jobs Development Council has approved the proposed project. The Town states that the proposed project is in the best interest of the public. In addition to granting the certificate, the Town urges the Commission to approve the proposed funding for the project, waive hearing, waive the filing of the Tariff Rule 42 Exhibit, and grant any other relief deemed appropriate under the premises. Also, on July 28, 2008, the Commission ordered that the Town publish the Notice of Filing regarding the proposed project. On August 14, 2008, this case was referred to the Division of Administrative Law Judges with a decision due date of December 10, 2008, if no timely public protest is received in response to the publication of the notice. However, if timely public protest is filed in response to the publication of the notice, the decision due date will be February 23, The Affidavit of Publication was filed on August 14, 2008, evidencing that the Notice of Filing was published on August 8, 2008, as a Class I legal advertisement in The Brooke County Review. Unfortunately, the published Notice of Filing incorrectly stated the proposed financing secured for the project. The Town s funding package included a $500,000 loan from the RUS, rather than a grant as published. Initial memoranda on behalf of Commission Staff were filed in this case by Staff Attorney Wendy Braswell of the Commission s Legal Division on September 3 and 8, 2008, respectively. Attached to the September 8, 2008 filing was an Initial Internal Memorandum prepared by Technical Analyst I1 James Spurlock of the Engineering Division and Utilities Analyst Michael Quinlin of the Water and Wastewater Division. Staff supports the requested waiver regarding the filing of a Tariff Rule 42 Exhibit. Additionally, the Staff advised that it would need additional information, which it would obtain through a data request, before filing its final substantive recommendation. On September 9, 2008, Staff filed its first data request. On September 25, 2008, the Town filed its response to Staff s first data request. Under the Commission s internal case processing deadlines, the Staff is to file its final substantive recommendation in this case on or before October 27, Accordingly, the undersigned will establish the following procedure schedule to facilitate the orderly processing of this case: 2

3 1. The Town shall publish the revised Notice of Filing attached hereto as Appendix A, as soon as possible, but no later than sometime during the week of October 13, 2008, and shall immediately file the Affidavit of Publication upon receipt; The Town shall file, as soon as practicable, but no later than ten (10) days from the date of this Order, the agreement referred to in the application that the Town has with the Ohio County Public Service District; The Town shall file, as soon as practicable, but no later than ten (10) days from the date of this Order, proper verification of the application, required by Procedural Rule 26, that conforms to Tariff Form No. 12; Hearing will be held on held on November 7, 2008, in the Brooke County Courthouse, Community Education & Training Center, lst Floor, 632 Main Street, Wellsburg, at 1:15 p.m., and will continue on that day until concluded; The transcript of the hearing shall be filed on an expedited basis on or before November 10, 2008; and All parties may file initial briefs or proposed findings of fact and conclusions of law on or before November 24, 2008; and all parties may file reply briefs on or before December 3, The Town is reminded that, if it does not publish the revised Notice of Filing during the week of October 13, 2008, it may have to obtain an appropriate extension of the Administrative Law Judge s decision due date. ORDER IT IS, THEREFORE, ORDERED that the Town of Bethany s request for a waiver of the requirement to file a Tariff Rule 42 Exhibit, be, and it hereby is, granted. IT IS FURTHER ORDERED that the procedural schedule set forth above, including the hearing date of November 7, 2008, be, and it hereby is, adopted for the processing and resolution of this case. IT IS FURTHER ORDERED that the Town of Bethany publish the revised Notice of Filing, attached as Appendix A, as a Class I legal publication during the week of October 13, 2008, and file the Affidavit of 3

4 ' Publication immediately upon receipt or it may have to obtain an appropriate extension of the Administrative Law Judge's decision due date. IT IS FURTHER ORDERED that the Town of Bethany file, as soon as practicable, but no later than ten (10) days from the date of this Order, the agreement referred to in the application that the Town has with the Ohio County Public Service District, which is required by Procedural Rule 26. IT IS FURTHER ORDERED that the Town of Bethany file, as soon as practicable, but no later than ten (10) days from the date of this Order, proper verification of the application, required by Procedural Rule 26, which conforms to Tariff Form No. 12. IT IS FURTHER ORDERED that the Commission's Executive Secretary serve a copy of this Order upon counsel for the Town of Bethany facsimile transmission and bv United States Certified Mail, return receipt recruested, and upon Commission Staff by hand delivery. ear Admiyistrative Law Judge a MPB : s 4

5 Appendix A Page 1 of 2 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO S-CN TOWN OF BETHANY SANITARY BOARD Bethany, West Virginia Application for a certificate of public convenience and necessity to construct certain additions and improvements to its existing wastewater system and for approval of the financing thereof. REVISED NOTICE OF FILING On July 28, 2008, the Town of Bethany (Town) filed an application, duly verified, for a certificate to construct certain additions, improvements and extensions to its existing wastewater system in Brooke County. The application is on file with and available for public inspection at the, 201 Brooks Street, in, West Virginia. The Town estimates that construction will cost approximately $565,000. It is proposed that the construction will be financed by a $65,000 grant from the West Virginia Governor s Office and a Untied States Department of Agricultural RUS loan in the amount of $500,000, at 4.375% interest for a term of 40 years. The Town proposes to construct certain additions and improvements to its existing wastewater system, consisting of renewal and replacement of portions of its collection system and appurtenances relating thereto (Project). In connection with the Project, the Town is not seeking an increase in its existing wastewater rates. Therefore, the Town anticipates charging its wastewater customers the rates and charges established in its existing wastewater tariff, which was effective August 10,2005. The anticipated rates and charges are only a proposal and are subject to change (increases or decreases) by the Public Service Commission.

6 Appendix A Page 2 of 2 Anyone desiring to protest or intervene in this matter should file a written protest or notice of intervention within 30 days following the date of this publication, unless otherwise modified by Commission order. Failure to timely protest or intervene can affect your right to protest aspects of this certificate case, including any associated rate increases, or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission's rules on intervention set forth in the Commission's Rules of Practice and Procedure. All protests and interventions should beaddressed to Sandra Squire, Executive Secretary, P.O. Box 812,, West Virginia If no protests are received within said 30-day, the Commission may waive formal hearing and grant the application based on the evidence submitted with the application and its review thereof. TOWN OF BETHANY