Facsiniile April 16, 2014

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1 _ DAVID F. CROSS Attorney at Law 727 Charles Street Wellsburg, West Virginia e - in a i 1 : cross 1 d w o ffi c co m casu13 Tel e p ho I 1 e Facsiniile April 16, 2014 Public Service Commission of West Virginia P.O. Box Brooks Street C h a 1-1 es ton, WV Re: Agreement between the Hrooke County Public Service Commission and the City af Follaiisbee concerning Water S e rv i c e T e r in i na t i o n a ti d LV at e r C () n su m p t i o n Re ad i 11 g c~ 11 d Tariff filing to increase ctisconnect/reconnect admi tlistrative fees from $20 to $25 Dear Sir or Madam: e Please be advised that I serve as legal counsel to the Rruoke County Public Service District. The Brooke County Public Service District entered into negotiations with the City of Follansbee in regard to a Water Service 'Terrniiiation Agreement and a Wzter Consumption Reading Agreement. The City of Follansbee has voted to approve the same and so has the Brooke County Public Service District. 1 had sent a request requesting that the Public Sei-vice Commission approve both the Agreeinent and the increase in the disconiiect/i.econnect administrative fees from $20 to $25. 1 have received the initial staff memorandum and the orders referring those matters to an Administrative Law Judge. There was a request that the Brooke County Public Service District provide a Certificate of Substantial Completion in regard to case number PSD-CN.?lease find enclosed '?-,.,...:el- l-q:-trr 'ic'~vi,li' 2!&tcr dated Qc:cb.?r S'", 20:1, fr:;c; 5,)z:tt 132. F:',G,*LIII Yj Project Manager, to the Brooke County Public Service District concerning the project as well as three (3) certificates of substantial completion in regard to the projects. I ain also enclosing herewith Ihe approved Tariff issued by the Public Service Colnmissioii in regdrd to this matter for kling. Sincerely, DFC/jm Cc: BCPSD; Mike Caudio David F. Cross

2 October Ms. Karen Mezan, Chairman Brooke County Public Service District Wellsburg, WV rook@ county Public Service ~ist~ict ~ropos@~ Sanitary Sewer Collection ~ yste~ Brooke County, West Virginia Thrasher Engineering Project # 1 Dear Ms. Mezan: This letter is to certifgi that the sanitary sewer collection system, as designed under Contract # 1, Contract # 2, and Contract ## 3, as part of the above referenced project, will be substantially complete and ready to receive sanitary flow on November 1, Please note that the above date assumes that Monongalia Power Company will have completed electrical service to Pump Station # 3 (Gerald Stewart Property) by October 15, allowing the pump station to be placed on-line and capable of receiving flow by November 1, Electrical service to all other pump station sites has been completed as well as all gravity sewer line construction specified under the above referenced contracts. Please feel free to contact me at your earliest convenience if you have any questions or require additional information. Sincerely, THUS ENGINEERING, INC. MAT~~W W. FLUHARTY Project Manager R:\SecyiBrooke County Sewer \Letters\Karen Mezan docx 30 COLUMBIA BLVD 1 PO BOX CLARKSBURG, WV 2630 TEL FAX thrasher@tbrasfeeren~~~~~

3 SAP Grant i# XP Owner: Brooke Counti PSD WVIJDC # l539A : Alex Paris Contracting, Hnc. 0 Record Drawings and 0 & M Manuals received from Contractor Definition of Substantial Completion: The date of substantial completion of a project or specified part of a project is the date on which the construction is sufficiently completed in accordance with the contract documents that the project or specified part of the project can be utilized for the purpose for which it was intended. This is also the date on which the Owner accepts the system and assumes full responsibility for operation and maintenance. All work under the contract documents. 0 The following specified portions: ate October une: * Pending Completion of Final Change Order The work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor, and Engineer and declared to be substantially completed. The date of Substantial Completion of the project, or portion designated above, is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A list of 0 items to be completed or corrected is attached hereto. This list may not be inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all the work in accordance with the contract documents. These items shall be completed by the Contractor within 0 days of Substantial Completion date.

4 The responsibilities between the Owner and the Contractor for security, safety, maintenance, heat, utilities, insurance, and warranties, shall be as provided in the Contract Documents except as amended as follows: NIA The Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the list within the time indicated. Furthermore, the Contractor shall make prompt repairs of any work which, in the opinion of the Engineer, has failed due to faulty material or workmanship for a period of one (1 1 year from the Substantial Completion date. The Owner approves and accepts the above specified facilities effective as of the Substantial Completion date and agrees to insure, operate and maintain said facilities in accordance with recommended standards and procedures. The Owner shall operate the facilities and provide routine maintenance to prevent breakdowns or failures due to neglect. In addition, the Owner shall provide appropriate insurance coverage for the facilities as required. This Certificate does not constitute an acceptance of work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the work in accordance with the Contract Documents. Thrasher Engineering, Inc. Brooke County PSD

5 PUBLIC SERVICE CONIMISSION OF \FJEST VIRGINIA CHARLESTON CASE SO PSD-T BROOKE COIVYTY PUBLIC SERVICE DISTRICT. a public utilit!. Wellsburg. Brooke Count!. Tariff liling to increase Disconnect) Reconnect Adrniiiistratit e Fecs from S20.00 to S COIClhllSSIOhT REFERRAL ORDER 2 1 IS ORDERED that this proceeding be referred to the Diikion of.4dmitiistrative Lan Judges for a decision to be rendered on or before October IT IS FURTHER ORDERED that if the participants desire an extension of the foregoing decibion due date. they ma) seek an extension 0111_\ on forinal application to the C o iiim i s i on, IT IS FURTHER ORDERED that the Executi1.e Secretary of the Cor11mission sen e a cop! of this Order by electronic sen-ice on all parties of record ~ sho ha1 e f:led an e-sen ice apxment. by Cnited States First Class Mail on all parties of record ~\ho have not filed an e-sen ice agreement. and 011 Staff by hand deliyer?. f Ingrid Ferrell Executil e Secretaq II LHG Inn

6 sewed. Available for general domestic, commercial, indus~al and sale for resale sewer sewice, RATES (Customers with metered water supply) First All over 5,000 gallons used per month 5,000 gallons used per month $ per 1,000 gallons $ 8.22 per 1,000 gallons ~~~~M CHARGE No bill will be rendered for less than $41.04 per month, which is the equivalent of 4,000 gallons c usage. FLAT RATE CHARGE (Customers with non-metered water supply) Equivalent to 4,500 gallons of water, $46.17 per month DELAYED PAYMEW PENALTY The above schedule is net. On all accounts not paid in fidl when due, ten percent (1 0%) will be adde to the net current amount unpaid. This delayed papent penalty is not interest and is to be collecte only once for each bill where it is appropriate. TAP FEE The following charges are to be made enever the utility installs a new tap to sewe an applicatiol A tap fee of $ will be charged to customers applying for service before construction i completed adjacent to the customer's premises in connection with a certificate proceeding before th Commission. This pre-construction tap fee will be invalid after the completion of constructio adjacent to an applicant's premises that is associated with a certificate proceeding. A tap fee of $350 will be charged to customers applying for service outside ofa certificate proceedin before the Commission for each new tap to the system. Public Senice Commission of West Virginia Charleston

7 enever water service, which has been p~e~iousl~ disconnected or otherwise wi r bill in con~u~ctio~ with a water service te ch ~ 0 or Washin~t~n ~ 0 Pike ~ PSD, is rec shall be charged. I ent of sewer bills in conjunction with llage of.beech ottok ox ~ ~ s ~ n g ~ o in the event the delinquent sewer bill 0.00 shall be charged. RETURNED CHECK CHARGE A service charge equal to the actual b fee assessed to the sewer utility up to a maximum of$25.08 will be imposed on any customer whose check for payment of charges is returned by the bank due to insufficient funds. LEAK ADJUSTMENT $1.19 per 1,000 gallons is to e used when the bill reflects unusual water consumption whic attributed to eligible leakage on the customer s side ofthe meter. ahis rate shall be applied to all such consumption above the customer s historical average usage. SECURITY DEPOSIT A deposit of$50.00 or 2112th~ of the average annual usage ofthe applicant s specific customer class, whichever is greater. SURFACE OR G ROW WATER DISCHARGE An additional amount shall be charged where surface or ground water is introduced into the sanitary system where evidence of a violation exists. Surcharge formula to be applied in cases where surface drainage is connected to the utility s sewer sys tern. APPLICABILITY Whenever the District has discovered that a customer s roof drain, down spout.$ storm sewer, or other similar facilities conducting surface water have been connected to the District s sewer system, and such customer has failed to take appropriate action within thirty (30) days of receipt of a demand by the District, in accordance with the rules and regulations of the Public Service Commission, to eliminate such connection, a surcharge will be imposed upon the customer calculated on the basis of the following formula: Public SeMce Commission of West Virginia Charleston

8 s A She area under roofancll~r the area of any other water collection surface connected to the sanitary sewer, in square feet R - The measured monthly rainfall, in inches A conversion factor to change inches of rain x square feet of surface to thousands of gallons of water e - The utility s approved rate per thousand gallons of metere e utility shall not impose the surcharge unless, and until, the customer has been notified by certified mail, return receipt requested, or by hand delivery, that it has been established by smoke testing, dye testing, or on-site inspection that rain or other surface water is being introduced into the sanitary sewer system at the customer s location, and that the customer has not acted within thirty (30) days from receipt of such notice to divert the water from the sanitary sewer system. Said surcharge shall be calculated and imposed for each month that said condition continues to exist. Failure to pay the surcharge andor conect the situation shall give rise to the possible termination of water service in accordance with the Rules and Regulations of the Public Service Commission of West Virginia, SURCHARGE FORMULA TO BE APPLIED TO A CUSTOMER PRODUCING UNUSUAL WASTE The charge for the treatment of unusual waste will be calculated on the basis of the following formula: Ci VoVi + BoBi -t- SoSi Ci VO vi Bo Bi SO Si charge to unusual users per year average unit cost of transport and treatment chargeable to volume, in dollars per gallon volume of wastewater from unusual users in gallons per year average unit cost of treatment, chargeable to Biochemical Oxygen Demand (BOD) in dollars per pound weight of BOD from unusual users in pounds per year average unit cost of treatment (including sludge treatment) chargeable to total solids in dollars per pound weight of total solids from unusual users in pounds per year Public Service Commission of West Virginia Charleston

9 - ' I A 4 en an unusual user is to sewed, st ~ r e ~ ~ study r n of ~ its a wastes, ~ and the cost oftran ~ a thereof, ~ will e be ~ de. ~ Waste containing materials which, in the j u ~ ~ o e n ~ ~0~~~ Public Seavioe- r-system, need not-be handled by it. The results ofth osed sewer service and the charge therefor, based upon the formula set out above. ~~erea~e~, unususfl sewage will be monitore asis and at the conclusion of each fiscal year, based on the in~~st~~atio s, new cost figures will calculated for use in the ove formula. The cost of establishing the ~ o~ito~ng facilities shall be paid by the unusual user. ased on these audited figures, additional billings covering the past fiscal year will be made for payment by eac unusual user, or refund given by the utility, as the case may be. Such audited figures will then be used for the r~li~ina~ billing for the next fiscal year, at the end of which an adjustment will be made as aforesaid. TRUCK OR OTHER ~ ~ S METHOD ~ QDELIVEFUNG R ~ WASTEWATER RATES Commoditv Charge - Each customer shall pay a commodity charge of $50.00 per 1,000 gallons per load. Load will be the actual capacity of the truck or other transport method delivering wastewater and leachate. Actual capacity shall be determined, or verified, solely by the Utility. Pubhc Semce Commission of West Virginia Charleston

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