W. Va. Code R. § 150-1-26

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 150-1-26 - Checklist for Applications for Certificates of Convenience and Necessity for Water and Sewer Utilities

Whenever a public utility is required by statue to obtain a certificate of convenience and necessity from the Commission, the following information must be filed with a water or sewer application for a certificate of convenience and necessity. Water and Sewer utilities may apply for a waiver of any provision of this checklist for good cause, provided, that no application for a waiver will be considered by the Commission unless there is submitted therewith a full and complete justification for such action.

26.1. Application as per Form No. 4.

26.2. Verification as per Form No. 4 or Form No. 12.

26.3. Tariff Rule 20.1 et seq. (Historical Rule 42) Accounting information:

26.3.1. The Tariff Rule 20.1. et seq. (Historical Rule 42) exhibit presents the entire system at per books (if applicable) adjusted to going-level.

26.3.2. Subject to the requirements of Tariff Rule 20.1. et seq. (Historical Rule 42), non-project-related adjustments may be included in the revenue requirements of the certificate case. If the rate increase relating to non-project-related adjustments is proposed to go into effect prior to a rate increase relating to project-related adjustments, then the applicant must separately set forth the proposed increases.

26.3.3. For sewer projects only, the bill analysis included in the Tariff Rule 20.1. et seq. (Historical Rule 42) Exhibit shall clearly indicate a) the number of customers who are currently served by a private well source as well as the number of customers who are projected to be served by a private well source (if applicable), and the expected revenues from both types of customers, and b) the actual and estimated amount of uncollectible revenues related to current and proposed sewer customers who are well users only.

26.3.4. All adjustments related to the proposed project are presented at Pro-Forma.

26.3.5. Project related adjustments to operation and maintenance expenses shown in the Tariff Rule 20.1. et seq. (Historical Rule 42) exhibit must agree with, and be supported by, detailed engineering calculations.

26.3.6. Proposed rate structure in tariff form together with a class cost of service study supporting both the proposed rate structure and the proposed rates.

26.3.7. Existing rate structure (if applicable) in tariff form.

26.4. Facility plan or feasibility study (if applicable).

26.5. Agreements between applicant and other utilities (if applicable).

26.6. A project map(s) showing the location of each existing or prospective customer to be served by the project cross-referenced to a list of those same customers indicating which customers have signed contracts for service and paid connection fees, which houses and buildings are plumbed and which customers have a private water supply.

26.7. Proposed bond and/or municipal rate ordinances (as applicable).

26.8. Permits and/or approvals.

26.8.1. Letter from applicant stating that applications for all necessary permits and/or approvals have been made.

26.8.2. It is preferable that any required permits are granted prior to the final order, but if the permits are not available the certificate may be issued contingent on receipt of the permit.

26.9. Letters showing funding sources.

26.9.1. Privately owned utilities - statement of projected sources of funds for the project. If debt funds are included show the expected source and cost of debt.

26.9.2. Publicly owned utilities - documents showing with reasonable certainty the availability of funds for the project. The expected interest rate and term of any loans should be stated.

26.10. Interim financing information including funding sources. The expected interest rate and term of any loans should be stated.

26.11. Name, classification, and License No. of operator(s) (as applicable).

26.11.1. Identification of initial or additional utility personnel required for the project and/or estimated overtime hours, as the case may be.

26.12. Engineering report

26.12.1. Population projections (if not identified in preliminary report).

26.12.2. Number of existing, future and potential customers. Applicants shall mail single copies of signed user agreements for water projects to the Commission's Engineering Division. The user agreements shall not be made a part of the case file.

26.12.3. Existing and estimated future water consumption or wastewater flows related to the project.

26.12.4. Design criteria and system hydraulic information.

26.12.5. Itemized construction and total project cost estimates which are no more than 1 year (12 months) old at the time of filing the certificate application.

26.12.6. Detailed operation and maintenance budget including supporting information and calculations.

26.12.7. Description of all maintenance requirements associated with the project.

26.12.8. Identification of need for renewal and replacement reserves.

26.12.9. Identification of need for the utility service to be provided, including supporting documentation such as enforcement actions from appropriate agencies.

26.12.10. Description of reasonably available alternatives that could fulfill the need, including present worth analysis of the capital, operation and maintenance expenses over the expected service life of each of the alternatives. Benefits and detriments of each alternative should be discussed. The selection of the preferred alternative should be explained.

26.12.11. If a third party is to provide water or sewage treatment service to the applicant, the filing should provide documentation from the treating entity that adequate capacity exists and provide projections demonstrating the expected life of such capacity. The applicant shall file the purchased services contract with this Commission.

26.12.12. Information concerning a change in operating times of existing treatment facilities that will result from the project.

26.13. Project plan drawings

26.13.1. One paper copy of the engineering design plans and project maps, or, one electronic copy of the engineering design plans and project maps in a format compatible with the Commission's electronic technology.

26.13.2. The plans and maps should be drawn to scale and show line size, type, and length.

26.13.3. Identification/numbering of customers that have applied for service and identification of customers who may be served by the project.

26.13.4. Identification of property lines for customers to be served and location of utility service lateral stubs (sewer) or utility service lines and meters (water).

26.13.5. Water storage tank and booster station drawings.

26.13.6. Sewer lift station drawings.

26.13.7. Master metering location and detailed information.

26.13.8. Treatment facility drawings.

26.14. Specifications

26.14.1. Bid quantities.

26.14.2. Equipment sizing/specifications.

26.15. Maximum service elevation information.

26.16. Proposed Notice of Filing, in the form of the attachment to Form No. 14, attached hereto, for review by the Commission. Utilities are requested to also email the completed Form No. 14, and its attachment, to the Commission's Executive Secretary in Word format. The utility shall not publish the notice of filing until directed to do so in a Commission order.

26.17. Copy of letter from utility providing thirty (30) day advance notice of filing pursuant to W. Va. Code § 24-2-11. If thirty (30) day notice was not required, a letter shall be filed by the public service district so stating.

26.18. If the proposed project requires modification of a public service district boundary, a statement of the status of the county commission process.

26.19. If the proposed project will infringe upon any other utility's service area or affect any other utility financially or otherwise, a statement to that effect.

26.20. Status of State Historical Preservation Office compliance.

26.21. Statement showing when bids are anticipated to be let.

26.22. Other information as needed.

26.23. If the project has been approved by the West Virginia Infrastructure and Jobs Development Council, documentation stating the Infrastructure project number and the date of Infrastructure approval.

W. Va. Code R. § 150-1-26