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ELLIOTT 8'c ELLIOTT, P.A.ATIORNEYS AT LAW
150& Lady SinetGOIIM&IA, SOUTH CAaoLWA29201
a&hit&gsll~isw,m
November 19, 2014
1lnmam(&03) 7714555SAmsIa (&03) 771-$010
VIA ELECTRONIC FILINGIocelyn D. Boyd, EsquheChief Clerk 8& AdminisnatarSC Public Service CommissionP. O. Bax 11649Columbia, SC 29211
RB: Application ofCarolina Water Service, Inc. for Appmval of an Agreement for SewerService for thc Rose Oaks SuMivision, Phase IV, York County, in Richland County,South Camlina
Enclosed for Sing please tmd tbe Application of Camlina Water Service, Inc. for~ of anAgree&nest for Sewer Service for the Rose Oaks Subdivision, Phase IV, Richland County, SouthGuoliua. A docket number has not yet been assigned. By copy ofthis letter, I am serving the 0%caofRegulatory Staff.
If you have any questions or if I may pmvide yau with any additional information, please do nothesitate to contact mc.
Sinctsely,
Elliatt 4
Scott Blliott
SE/ibkEnclosurescc: C. Dukes Scott, Bsquhe w/enc.
BEFORE
THE PUBLIC SERVICE COMMISSION OF
SOUTH CAROLINA
DOCKET NO. 2014- -S
In Re:
Application of Carolina Water Service, Inc. )for Approval of an Agreement for )Sewer Service for the Rose Oaks )Subdivision, Phase IV in )Richland County, South Carolina )
Carolina Water Service, Inc. hereby applies to the Public Service Commission of
South Carolina ("Commission") for approval of a Sewer Service Agreement by and between
Carolina Water Service, inc. ("Applicant" or "Carolina Water"), and a developer, Rose Oaks
Development, LLC ("Rose Oaks"). In support of this Application, the Applicant would
r'respectfully show unto the Commission the following:
l. Applicant is a public utility currently authorized to operate water and
wastewater systems under the jurisdiction of the Commission in counties throughout the
State of South Carolina. Its corporate charter is presently on file with the Commission, and
an appropriate bond has been posted with same. A schedule of rates and charges for
Applicant's service has previously been authorized by Commission Order 2014- 207 issued
March 4, 2014 in Docket No. 2013-275 —WS.
Applicant's representatives for purposes of this Application are:
Legal Representative:
Scott Elliott, EsquireElliott & Elliott, P.A.1508 Lady StreetColumbia, SC 29201Tel.: (803) 771-0555Fax: (803) 771-8010
Company representative:
Richard J. DurhamPresidentCarolina Water Service, Inc.150 Foster Brothers DriveWest Columbia, SC 29172Tel.: (800)272-1919Fax: (803)791-8643rjdurham@uiwater.corn
3. Applicant is the operator of sanitary wastewater collection, treatment and
effiuent disposal systems ("sewer systems") which are located in and serve various parts of
the State of South Carolina including Richland County.
4. Rose Oaks is the developer of a residential subdivision consisting of forty-one
(41) residential lots ("Development") in the Rose Oaks Subdivision, Phase IV in Richland
County, South Carolina.
5. Applicant has sewer service available to serve the Development.
6. Applicant and Rose Oaks have negotiated an Agreement for Sewer Service
("Agreement") in which Carolina Water Service will provide sewer service to the
Development. In turn, Rose Oaks will construct and install the necessary wastewater
collection facilities to serve the Development according to the terms and conditions of the
Agreement. A copy of the fully executed final Agreement dated October 30, 2014 is
attached hereto as Exhibit "A."
7. Upon approval of the Agreement by the Commission, Applicant will provide
sewer service to the affected customers in accordance with all of the applicable terms,
conditions, rates and charges set forth in its rate schedule as may be on file with this
Commission and as amended from time to time.
8. Applicant seeks an order of this Commission authorizing Applicant to record
its project costs associated with the Agreement with Rose Oaks as utility plant in service
additions, subject to review and audit by the Office of Regulatory Staff in Applicant's next
rate proceeding.
9. Applicant submits that the public convenience and necessity will be served by
the approval of this Agreement and respectfully requests that the Agreement be approved by
this Commission. The Applicant further submits that given the nature of the agreement
between the Applicant and Rose Oaks, no hearing in this rnatter is required.
WHEREFORE, the Applicant respectfully requests that the Commission issue its
order:
A. approving the Agreement between Carolina Water and Rose Oaks; and
B. granting such other and further relief t and
proper.
Columbia, South CarolinaNovember 19, 2014
Scott Elliott, EsquireElliott & Elliott, PA1508 Lady StreetColumbia, SC 29201Tel.: (803)771-0555Fax: (803)771-8010
EXHIBIT nAu
DRR'E
NF FOR ER CEOAESS BDIVl~$ 1V
R~icRlea gmmnSL
This Agreement is entered into this~ day of OC~ 2014 by and
between Rose Oaks Development, LLC, existing under the laws of the State of South Carolina
end authorized to do business in South Camlina (ereinager referred to as "DeveiopeP), and
Camlina Water Service, lnc., a Delaware corpomtion authorized to do business in Sauth Carolina
(hereinailcr referred to ss "Utithy").
WHEREAS, Developer is the owner ofcertain real estate parcel (Tax Pamei No.
R03200-014t I), pordons ofwhich are located at English Legend Dnvc adjacent to Antique Rose
Court, Irmo, South Camlina, Richland County, heremsfter refened to ss the"~'sec"Exhibit I"); aad,
WHEREAS, Developer desires to develop the Pmperty mto s resideatial development
referred to as Rose Oats Subdivision, Phase IV ultimately consisting of forty one(41) single
Smity residences having sn estimated daily wastewater usage of smteen thousand four hundred
(16,400) gallons per day, snd,
WHEREAS, Utility is a public utiTity engaged in the business of fiunishing sewer service
to the public m its desigoated Camlina Water Service, Inc. Franchised Service Territory located
m Richland County and Pmperty is located witlun the service territory. The Utility desires to
have constructed and installed, and the Developer desnes to construat snd install, the wastewater
cogrction facilities to serve the Propndy subject to the terms and conditions of this Agreement;
WHERBAS, Developer desires Utility to provide wastewater utility service within the
Pmperty snd Utility desires to pmvide wastewater utility service accordbtg to the tenne and
conditions ofthis Agreement.
NOW, THERBFORB, iu consideration ofthe mutual covenants as hereinafter set forth,
the parties hereto agree as follows:
A~RTI
esents ons aad W'
el er
Deveiopw represents and wanants that:
i. Developer m the ownet ofor is duly authorized to act on behalf ofthe owner(s) of the
Pmperty; and,
2. Developer will cooperate fully with the Utility in any and afi applications or petitions to
public authorities deemed necessary or desirable by Utility in connection with the
oonsuuction sud installation of, and service provided to the Facilines contemplated by
this Agreement; snd„
3. Developer will convey to the UtiTity or otherwise vest in the Utility such right, title and
interest m and to such real estate as may be reasonably necessary to pernut the UtiTity to
carry out the terms and condiuous of this Agreement; and,
Developer will convey to Utility or pmvide by recorded subdivision plate such easements
or rights ofway as the Utility inay reasonably mqmre for the Utility's perforinance of its
obligations under this Agreement. Any such plate, conveyances or licensee will be m
form reasonably satisfactory to Utility's legal counsel.
ARTICLE B
Ol)' ti fpaciliti s b v I er
1. Fgcjfifies
Developer shall construct and mstafi any additional necessary was~ cogection
faciliues to serve the Pmperty, including but not linuted to mains, valves, service tat~manholes, odor contml devices, lift station(s) with emergency generator(s), and other
faciliues as are reasonably required to pmvide adequate wastewater service not
previousiy mstalled m previous phases (hereinafter referred to as the "Facilifies").
Wastewater collection mama will have a muumum diameter of eight (8) inches, except
where otherwise approved by UtiTity. The gravity sewer cofiection system shall connect
to exisung gmvtty mains on site at a point as determined by Utility. AB mahmals used by
the Developer for said Facilities shall be new, first-class, and smtable for the uses made
thereof. Developer guarantees afi construction, materials, wodnnsnslup, and the tmuble-
fiue operation ofthe Facilities (or any portion ofthe Facilities) for one year after the
Facilities (or such poruon ofgm Facilifies) are placed in service.
2. AB Facilities constructed and uwtafied by Developer pursuant to this Ardcle II shafi be
conshuctcd and instafied without cost or expense to Utility.
AB plans, specificahons aud construction of thc Facilities shaB be in actxudtmce with
applicable standards, requirements, rules and regulations ofafi govermnenta! bodies and
regulatory agencies which may have junsdiction there over, and shsfi have received the
written approval ofUtility before construction is begun, which appmval shsfi not be
unreasonably withheld or delayed.
4. Developer shall save and hold UtiTity harmless from and against all suits or chums that
may be based upon any injury to sny person or property that may occur m the course of
the performance of the construction ofthe FaciTities by Developer or by anyone acting ou
Developer's behalf, or under Developer's supennsion and control, mctuding but uot
limited to ciauns mane by employees ofDeveloper, aud Developer shsU, at its own cost
aud expense, psy all costs aud other expenses ansmg there Sum, or incurred in
connection therewith, including reasonable attorneys'ees.
5. Developer shsB obtain, with cooperation ffum Utihty, all requisite permits and zoning
and other sppmvals and all else required to construct the Faciliues, without cost or
expense to Utility.
6. Upon written acrmptsnce of the Facilities bythe Utility and interconnection with the
Utility's exisung wastewater systems, all of the FaciTities installed by Developer pursuant
to this Agreement shall become the propetty ofUtility as mstalled, without cost or
expense to UtiTity, with thc exception of the lateral service lines fmm the cleanout to each
single fiunily residence, for which the pmperty owner shaH retam ownership and
maintenance responsibility. Developer shall execute ail conveyances, licenses and other
documents reasonably requested by Utility as necessary or destmble in its opinion to
ensure its ownership of, ready acocss to, and operauon and maintenance of the Facilities.
Developer shag furnish Utility with lien wmvers m a fmm reasonably satisfactory to
Utility's legal counsel &mn Developer and Rom all suppliers, subcontractors and all
other who furnish labor, equipment, materials, rentals, or who perfOrm any services in
connecuon with FaciTines construction hermu. Developer agrees to provide to UtiTity
documentary evidence, in form satisfactory to UtiTity, sufffcient to establish the original
cost of the Facilities. Utility shall have, at all times, all right, title and interest in and to
me Facilities.
7. Developer shall not have um right to connect individual lot service coimecuons to the
Faciliues until such tune as the FaciTities have been formally accepted by the Utility,
written approvals have been received fmm all govenunental bodies and regutamty
agencies which may have jurisdicuou there over, aud all applicable connection fees have
been paid.
All connccnons must be inspected by me Utility prior to backfilling and covenng ofany
pipes. Written notice to fue Utility requesung an mspecuon ofa connection shall be
made at least forty-eight (48) hours in advance of the inspecdon, excluding weetuuuu aud
official Utility holidays.
R Should the Developer fail to comply with the fcregomg inspecuon prmnsions, Utility
may refuse service to a connecuon until such time as me appropriate mspections have
been completed.
10. Developer shall, prior to the transfer to Utility of the Facilities, grant permanent,
assignable easements sausfactory to Utility, without cost or expense to Utility,
authorizing Utility to own, operate and maintain the Facilities thmughout the Pmperty
and pmviding reasonably adequate rights ofaccess and woddng space for such purposes.
11. Developer shall, prior to the transfer to Utility of the Facilities, pmvide to Utility as-built
drawmgs, snd all other information (by both bard copy and electmruc copy), reasonably
required tc operate, maintain, aud repair the Facilities.
12. Upon Developer's sabsfaction of its obligations under this Agreement, Utility agrees to
reserve adequate utility capacity for up to forty throe (pj wastewater connections located
within the Pmperty. 8/ PPbb-re/sir/res
Other
1. Developer will prohibit, thtuugh restneted land covenant, any owner of real estate witbm
the Pmperty to oonstruct m nuuntmn any sepuc system witlun the Property.
Neither Developer nor any entity or individual af!iliated with Developer has executed or
wifi execute any agreement with any lot purctuuer in the Property or any other parties or
made any representauons to any such purcnmers or other parties hereunder such
purchaser or omar parues have acquhud any mterest in Fsciliues to be installed under
this Agreement.
ARTICLE IV
Utili Services Connection Fees Rate Char
Developer shall submit to Utility, upon execution of this Agreement, a nonrefundab!e
Plus Review Fee ofone mousand dollars ($ 1,000.00). Subsequeot agreements fur future
phases shall be subject to additional plan review fees. Upon execuuon of this
Agreement, developer shall submit to Utility a nomufunuable five hundred dollar
($500.00) Inspecuon Fee. Should the Facilities requnu additional inspection(s) iiue to
unpmper instafiation, defective or unapproved mateuals. the Developer shall pay a
nonrefundable five hundred dollar ($500.00) fee for each additional inspection reqmred.
Future phases, covered by subsequent agreements, shall also require addinonal inspection
fees.
2. Developer shall pay and deliver to Utility the sum ofmoney which is the non-recurring
servioe connection snd plant impact fees ('Tap Fees") pmvided for under Utility's rate
schedule, as approved by the Public Service Commission of South Camlins and amended
Sum umc to time, nuutiplied by the Single Family Eqmvalent ("SFB") rating set forth
therein. For the project that is the subject of this Agreement, that sum shall be a
nonrefundable fee oftwenty-et8m thousand seven hundred dollars aust no cents
($28,700.00) winch is based on forty one (41) SFEs snd the Utility's current rate
schedule, Tap Res, Plan Revrew Fec aad the uutial Inspection fee totaling tturty
thousand two hundred dollars and no cents ($30,200.00) are due upon execution ofthis
Agreement. Should it be determined by the UtiTity that the pmject contemplated by this
Agreement consrsts ofmore then forty one (4i) SFEs, then in that event the Developer
shall be requuud to pay an additional sum to Utility for each addinonal SFE usmg the
cstculstron pmvided for hercuubove conditioned upon Erst recrsvmg the sppmval fmm
Utility for such mcrease in SFEs. In addition, Developer agrees that it will not represent
to any thun party that utiTity service ts available Sum UtTiity for use within the proposed
development except (1) upon Developer's payment of the Tap Fees as provided
hereinabove, snd (2) establishment of service and an account between said hurd party
and Utility, including payment of all fees anti charges authonzed under the Utility's
approved rate schedule exceptiog tap fees.
3. Prim to the commencement ofutility service to any lot within the Property, lot owners
withm the Property are responsible for the payment to Utility of all applicable sewer fees
as amended from time to time snu at the rate then tn effect. Such fees, usage and all
other incidental rates and charges shall be rendered by Utility m accordance with
UtiTity's rates, rules snd regulations and conditions of servrce on Gte with the South
Carolina Public Servrce Commisston (the "Comnussion"), as emended &om time to time
snd then in efl'ect. Capamty shall not be reserved for any lot, out parcel, commercial
space or building for whrch the tap fee has not been paiL
Upon installanon and acceptance ofthe Facilities snd paymeot of all applicable
connection fees, Utility agrees to supply aH customers within the Property with adequate
snd customary wastewater service and to operate. maintain snd repen all Facilities as
uulicated herein, after acceptance by Utility and issmmce ofopcratiouai approvals by aU
regulatory authorities.
A~RTICIE
Coutgds~sio Ajipm~at
Within thirty (30) days following thc exccuuon of this Agrccmcnt, Utility will file an
applicanon wi(h tbe Comnnssion in conformance with Commission rules and .
regulations. Developer agrees to cooperate with Utgity in any pmceeding msulting
fiom such application anti to reunburse UtiTity its reasonable attorney fees, costs and
litigauon expenses incurred for such filing, and m addition, m the event such
applicsnon is litigated by the Office ofReguiatory Stsfi cr opposed by third pmues.
The pmvision of sewer service to the customer within thc Property is subject to the
Commission's authority.
ARTICLE VI
1. Except as pmvided in this Agreement, neither party to this Agreement shall be liable to
the other for failure, default or delay in perfouning any of its obligations hmeunder, if
such failure, defindt or delay ia caused by strikes or other labor problems, by forces of
nature, unavoidable accident, fir, acts ofthe public enemy, interference by civil
authorities, acts or failure to act, decisions or orders or regulations of any govemmenuu
or military body or agency, office or couumssion, delays in receipt ofmateruus, or any
other cause, whether of sunilsr or dissunilar nature, not within the contml of the party
atfncted snd wnich, by the exeouse ofdue diligence, such party is unable to prevent or
overcome, except as otherwise pmvided for herein. Should any of the foregoing evenS
occtu, the parues hereto agree to pmceed with diligence to do wtmt is rcasoaable and
necessary so that each party may perform its obligations uader tbw Agreement.
2. The faihue ofeither pwty hereto to enforce any of the provisions of this Agreement or
the waiver thereof in sny instance by either party shall not be construed as a general
wmver or relinrimslnnent on its part of any such provisions, but the same shall,
nevertheless. be and remain m full force and effect
The represeutanons, warrannes and agreements contained harem shall smvive, and
continue m effect. Utility agrees to indemnify Developer, us successors and assigns, and
hold Developer harmless agamst any loss, damage, l~ihty, expense or cost accruing or
resuiung fmm any misrepresentations or breach of any representation, wammty or
agreement on the part ofUtility under ttus Agreemcnt; Developer agrees to indemnify
Utility, its successors and assigns, and hold it and them harmtess atpunst any loss,
damage, liability, expense or cost of UtiTity, seeming or resuihng Rom any
misrepresentation or breach of any rcpresentanon, warranty or agreement an the psst of
Developer under this Agreement or &om any nusrepresentation m or materiaL omission
from sny cerdficatc or other document furnished or to be furnished to UtiTity by
Developer.
4. This Agreement sets forth the comptete understanding between Developer and Utility,
and any amendments hereto to be eifechve must be made m writing.
5. Notices, correspondence snd invoicing required hereunder shall be given to Developer
and to Utility at the following addresses, or at any other addresses designated in writing
ny either party subsequent to the date hereof:
If to Utility:Camlina Water Senrice, Inc.151 Old Wire RoadWest Columbia, SC 29172Attn: Mr. Richanl J. Durham, President
With copy to:Csmlina Water Sconce, Inc.2335 Sanders RoadNorthbmotr, Illinois 60062Attn; Mr. John Stover, General Counsel
If to Developer.Rose Oaks Development, LLC124 Cedar RdLexmgton, SC 29073Attn: Mr. Jolm Moore
Delivery when made by registered or certified mail shall be deemed complete upon
mailing. Delivery by overnight courier shall be deemed complete when delivered.
6. This Agreement may not be assigaed by Developer without the written approval of
Utility, which appmvat shall not be unreasonably withheld. This Agreement shall be
binding upon and inure to the benettt of the pernes hereto snd their respective successors
and assigns.
7, This Agreement shall be governed by the laws ofthe State of South Csmlina.
8. Ifdds Agreement is not executed pnor to November 28, 2014, then the terins and
conditions contamed herein will be waived, with no further obligations or responsibilities
to either party.
[Signatunn Begm on the Following Page]
IN WITNESS WHEREOF, theparties hereto have set their tends tbe day and year above Erst
vrrltteln
Rose Oaks Development, LLC
CERTIFICATE OF SERVICE
The undersigned employee of Elliott & Elliott, P.A. does hereby certify that shehas served below listed parties with a copy of the pleading(s) indicated below by mailinga copy of same to them in the United States mail, by regular mail, with sufficient postageaffixed thereto and return address clearly marked on the date indicated below:
Application of Carolina Water Service, Inc. for Approval of anAgreement for Sewer Service for the Rose Oaks Subdivision,Phase IV, Richland County, South Carolina
DOCKET NO.: 2014- -S
PARTIES SERVED: C. Dukes Scott, EsquireOffice of Regulatory Staff1401 Main Street, Suite 900Columbia, SC 29211
PLEADING: APPLICATION OF CAROLINA WATER SERVICE,INC. FOR APPROVAL OF AN AGREEMENT FORSEWER SERVICE FOR THE ROSE OAKSSUBDIVISION, PHASE IV, RICHLAND COUNTY,SOUTH CAROLINA
November 19, 2014
Legal Assistant