Document Lewiston_doc_5e73f7aa97

New England Utility Management Enterprises, LLC ,ctn Affiiiate rlneume 254 Alexander Reed Road " Richmond, ME 04357 Phone: [PHONE REDACTED] • Fax: [PHONE REDACTED] E-mail: [EMAIL REDACTED] • Website: www.neume-llc.com December 28, 2011 Karen Geraghty, Administrative Director Maine Public Utilities Commission 18 State House Station ")QCKti NCL Augusta, Maine 04333 Jt ~c.U ED T(J r:J) [CTCG oi:= ~ ' , . a · : [,iLFUTED f.UTHOF.t!r PURSUl,NT T'o SUB-~ 4 JAN O 1 2012 Dear Ms. Geraghty: co Enclosed for filing, please find the original and two copies each, of two documents sent in response to the Commission review of The City of Lewiston, Water Division's (Lewiston's) proposed Terms and Conditions, The first document is a new Page 6, sent to remove the first sentence of the Backflow Prevention Device Testing Section as requested by the Commission. Similarly, the second document is a new Page 11, sent to revise multiple issues within the Main Extension Section (#28J). Lewiston appreciates your time in considering these documents, and the opportunity to correct and finalize them using your current procedures. If you have any questions, please contact me at 725-7474 or by email: [EMAIL REDACTED]. Thank you. Sincerely, ~ /Jdd0-y Sandra Bolotsky NEUME, LLC Consultant Enclosures Cc: City of Lewiston, \/\/ater Division ---PAGE BREAK--- rlneume New England Utility Management Enterprises, LLC An Affiliate of Maine Rural Water Association 254 Alexander Reed Road • Richmond, ME 04357 Phone: [PHONE REDACTED] • Fax: [PHONE REDACTED] E-mail: [EMAIL REDACTED] • Website: www.neL1J!'.)e-llc.com December 4, 2011 Karen Geraghty, Administrative Director "lt)CiET 11tt 11 Maine Public Utilities Commission ;w 1p;: r;•nICi0\1 OF 18 State House Station r.uowED iO c: ·;\'i:J·:ii.Ec-Xii:.D ,1\urno1zrrr Augusta, Maine 04333 ·,ecWt\SP.l 1 ,n 1, ;c ~ 10"/, SUB-s 4 1\-BU~tH 10 ~H M.R.v, . s Plf JAN O 1 2012 Dear Ms. Geraghty: I C.Jl Enclosed for filing, please find a waiver request, related to the Application for Service Section in the Town of Lewiston, Water Division's (Lewiston) Terms and Conditions. Also enclosed are the signed originals of the Calculation Sheet and the 1 % Calculation, plus the signed originals and 6 copies each of the Cover Page and the Table of Cont~~ts, which were omitted, in error, duJtlr the original signing. These Terms and Cond1t1ons · · · · WWW- ilii\lMi Lewiston appreciates your time in considering these documents, and the opportunity to correct and finalize them using your current procedures. If you have any questions, please contact me at 725-7474 or by email: sbo!otsky@mainerwa..:.2.!Q. Thank you. Sincerely, Sandra Bolotsky NEUME, LLC Consultant Enclosures Cc: Town of Lewiston, Water Division ---PAGE BREAK--- Lewiston h1kd II-America City Department of Public Works David A. Jones, P.E. 111w 2007 November 28, 2011 Karen Geraghty, Administrative Director Maine Public Utilities Commission State House Station 18 Augusta, Maine 04333 Dear Ms. Geraghty: Director It's Happening Here! LEWISTON• AUBURN The City of Lewiston Water Division (the Utility) respectfully requests that it be exempted, under one situation only, from that portion of Chapter 660, Application for Service, stating that "application for service may be made by either the owner or the occupant of the establishment to be served"; and from that portion of Chapter 620 Applications for Service, containing nearly . identical language. The circumstance to which we refer occurs when the establishment to be served is seasonal rental property, defined by the Utility as property that is expected to have successive, residential tenants over the course of a single season. In this situation, the turnover in Customers would be both an administrative inconvenience and an expense to the Utility. Thus, we believe that the Utility should be permitted to require the owner to be the Customer, as has been allowed in prior years. In all other circumstances, the above-stated requirement from Chapter 660, §6(A) and Chapter 620 would be followed as written. We would appreciate your granting this waiver, as submitted, in order to avoid inconvenience and unnecessary expense to the Utility during busy time periods. Thank you for your consideration of this matter. J/eAr'fl"-eOCKET N(l ; iL CCil DOCKET NUMBER: _ David~: ~ . r.1 N c:o oc! CtJ w:rc Director, Department of Public Works rn CJ ---PAGE BREAK--- TERMS AND CONDITIONS City of Lewiston Water Division Page 6 First Revision 18. ACCESS TO PREMISES. Pursuant to Chapter 620 of the Commission's Rules and Regulations, as a condition of service, Customers shall provide access to Utility employees having proper identification, to all ·premises supplied with water, at all reasonable hours, to permit the inspection of plumbing and fixtures; to set, remove or read meters; to ascertain the amount of water used and manner of use; and to enforce these Terms and Conditions. 19. MAINTENANCE OF PLUMBING. Pursuant to Chapter 620 of the Commission's Rules and Regulations, a Customer must maintain the plumbing and fixtures within his/her own premises in good repair and protect them from freezing or from heat damage. If damage does occur, the Customer is liable for any expenses incurred. If the Utility is requested by a Customer to thaw a frozen service and it cannot be determined whether it was frozen on the Utility's portion of the Service Pipe or on the Customer's portion, one half of the cost of thawing the pipe shall be borne by the Utility. 20. LIABILITY. The Utility will only be liable for any damages arising from claims to the extent liability is expressly provided in the Maine Tort Claims Act, as set forth in Title 14 MRSA, Chapter 741. The Utility will not be responsible for damages caused by discolored water, and makes no representations or warranties, expressed or implied, about the suitability of any water provided by the Utility for any particular purpose. 21. CROSS CONNECTIONS. Pursuant to Chapter 620 of the Commission's Rules and Regulations, no cross connection between the public water supply system and any other supply will be allowed unless properly protected, based upon the Maine Cross Connection Control Rules and the Maine Internal Plumbing Code. No new cross connection may be installed without the express, written approval of the Utility. In addition, no connection will be permitted capable of causing back flow, including back siphonage or back pressure, between the public water supply system and any plumbing fixture, device or appliance, or between any waste outlet or pipe having direct connection to waste drains. If the owner of such a connection fails or refuses to break or properly protect the connection within a time limit specified by the Utility, the Utility may disconnect the service according to Chapter 660 of the Commission's Rules and Regulations. The Utility's Cross Connection Control Program is on file at the Utility office. 22. BACKFLOW PREVENTION DEVICE TESTING. Customers with testable backflow devices will be responsible for completing backflow prevention device testing at their own expense according to the Utility provided schedule. The Customer must select a certified professional to comply with this requirement, and will pay the charges for the testing and for any necessary repairs directly to the contractor. Upon completion, the Customer must send the Utility a copy of each signed certified test by December 31st of each year. Customers who do not comply with testing requirements and/or do not make recommended repairs to their devices will be disconnected as a dangerous condition, pursuant to the Utility's Cross Connection Control Program. PROPOSED EFFECTIVE: Director, Department of Public Works ---PAGE BREAK--- TERMS AND CONDITIONS City of Lewiston Water Division Page7 First Revision 23. STOP VALVE. Pursuant to Chapter 620 of the Commission's Rules and Regulations, every service must be provided with a minimum of one operable stop valve located inside the building near the service entrance, easily accessible, and protected from freezing. All plumbing must be installed to comply with applicable plumbing codes, to prevent back-siphonage and to permit draining whenever necessary. 24. FLUCTUATION OF PRESSURES BY CUSTOMER'S APPARATUS. Pursuant to Chapter 620 of the Commission's Rules and Regulations, Customers may not install or use any device that will affect the Utility's pressure or water quality without prior Utility permission. 25. SAFEGUARDING DIRECT PRESSURE WATER DEVICES AND SYSTEMS SUPPLIED BY AUTOMATIC FEED: · VALVES. Pursuant to Chapter 620 of the Commission's Rules and Regulations, Customers m.usUnstall vacuum, temperature and pressure relief valves or cutouts to prevent damage to a direct pressure water device or secondary system supplied by an automatic feed valve. 26~ JOINT USE OF SERVICE PIPE TRENCH. Pursuant to Chapter 620 of the Commission's Rules and Regulations, normally, water Service Pipes will not be placed in the same trench with other Utility facilities, Where possible, a horizontal separation of ten feet will be provided. Where extenuating, unusual ur special circumstances are encountered, a lesser separation of joint use of trench may be allowed if all parties agree, provided that the installation complies with all applicable laws, rules and regulations. 27. UTILITY JOBBING. A Customer must complete a written application before a Utility will provide. unregulated Utility service. As permitted in Chapter 620 of the Commission's Rules and Regulations, a Customef'itnust pay a deposit equal to the Utility's written estimate. Unless the work is done on a flat rate basis, thel.Jtility will return any excess deposit upon completion. If the final cost exceeds the deposit, the Customer must pay the additional amount upon completion. 28. METERING, NEW SERVICE PIPE, AND MAIN EXTENSION POLICIES. A. Separate Metering of Buildings. No Customer shall supply water to another, nor use it for purposes not mentioned in his/her application without prior written Utility approval. At its discretion, the Utility reserves the right to require separate piping and a separate meter and shut-off for each building or trailer as a condition of service. B. Metering of Multi-Unit Premises. Except as provided in Chapter 660 of the Commission's Rules and Regulations, where there is more than one occupant of a building supplied with water, the Utility may require the owner to arrange the plumbing to permit separate connections with shutoffs and meters in locations acceptable to the Utility for each place of business or abode. In the case of a condominium, each unit owner may be required to have a separate meter and shutoff in locations acceptable to the Utility. ~ - --1P ~ F~ ~ N C) ] /fl ;re u Director, Department of Public Works PROPOSED EFFECTIVE: EFFEcT,vE: c_,1_2 _ . 1 ~ 4 3 6 DOCKc~WUMBE'ff:~----------~ rn < m 0 ---PAGE BREAK--- City of Lewiston Water Division 28. METERING (continued). TERMS AND CONDITIONS Page 8 First Revision C. Submetering. Additional or auxiliary meters for showing subdivision of water use must be furnished, installed, read and maintained at the Customer's own expense. D. Meter Setting. All meters shall be set as close as possible to the point of entrance of the Service Pipe to the building, and must be provided a clean, warm, dry a.nd accessible location. The cost of the meter and installation shall be borne by the Customer. The location of the meter once set, may be changed at the request of the Customer, but the change of the meter may be made only by an · agent of the Utility. For new installations of meters one and onechalf inches in diameter or larger in nominal size, the piping arrangement shall be in accordance with the requirements of the Utility. E. Meter Pits. As permitted in Chapter 620 of the Commission's Rules and Regulations, the Utility reserves the right to require a meter pit at the Customer's expense under the following circumstances: • The Customer does not provide a clean, warm, dry and accessible location for the meter and its appurtenances; or 11 The length of the service is over 200 feet; or ' • The service location makes discovery of a leak unlikely; or • The Customer's portion of the Service Pipe has been constructed of materials that make it leaks or catastrophic failure likely; or • The service passes over land belonging to another party. In this case, the Utility will require a deeded right of way. As an alternative to a meter pit; the Utility may instead require a Customer to box in and insulate the meter in an appropriate area with an access door. Prior to installation, the design must be submitted to the Utility for approval. Written approval or rejection of the design shall be provided by the utility within ten business days. Should the Utility not meet this timeframe, the design shall be considered approved by default. A Customer may select the contractor of its choice for the installation. If the Utility is selected, the work will be done as jobbing, as detailed in Section 27 of these Terms and Conditions. All work and materials must comply with the Utility's approved standards and specifications, available in the Utility office. The Utility reserves the right to inspect all materials and work during normal business hours at a charge of $47.00, and to require work to be redone ifthe standards and specifications are not met. If a follow-up inspection is required due to inadequate preparation by the Customer or the contractor or lack of adherence to the specifications, the Customer will be responsible for J:,be c~ of • the extra visit(s). 5 - PROPOSED EFFECTIVE: EFFEcT1vE: J_A_N_u_1 ">OCKET NO. 11 r-06 - i) DOCKET NUMBER: _ • ts Tti I rr-1 0-n N O u CO rn < 3:;r- u \~co~ g: Director, Department of Public Works ---PAGE BREAK--- City of Lewiston Water Division 28. METERING (continued).· TERMS AND CONDITIONS Page 9 Original F. Charges for Repair or Replacement of Damaged Water Meters and Other Utility Equipment. As permitted by Chapter 620 of the Commission's Rules and Regulations, the charges to a Customer for the repair or replacement of meter(s) or other Utility equipment damaged due to improper care or negligence by the Customer are as follows: During the normal business hours of 7:00 a.m. to 3:00 p.m., Monday through Friday, the labor charge will be $47.00 per man-hour with a minimum charge of one hour. During holidays and outside normal business hours, there will be a two hour minimum, • . charged at $115.00 per man, with each additional hour to be billed at the rate of $58.00 per man- hour. In all cases, the Customer will be charged for the cost of the shop materials and necessary replacement parts, including the meter or meter plate. As specified in Section 12 of these Ti:rms and Conditions, if obstacles must be removed from the area in order to complete the repair, the equipment rental fees and total labor hours from Section 12 will be added to the totals from this section and calculated together. G. Meter Testing. The Utility will test its water meters according to the schedule and standards in Chapter 620 of the Commission's Rules and Regulations. Upon Customer request, the Utility will test the Customer's water meter at no charge in the presence of the Customer or representative, unless the Customer requests more than one test in an.18-month period. If the Customer requests a test more frequently, the Utility may require the Customer to pay a deposit to cover the cost of the test, as follows: $67.00 per hour for labor, transportation, and the use of the meter bench. If a meter. tested at the Customer's request does not conform to standards, the Customer's deposit will be refunded and the Utility will adjust the Customer's bill according to the provisions of Chapter 620. If the meter conforms to standards, the Utility may keep the Customer's deposit and continue to use the meter at the Customer's premises. H. Winter Construction. No new service or extension of Mains will be installed for the convenience of a Customer during winter conditions that increases the cost of the work for the Utility unless the Customer assumes all extra expense over ordinary construction costs. I. New Service Lines and Meters. As permitted in 35-A MRSA §6106, each applicant for a new water service will be responsible for the costs of the entire Service Line, including opening the pavement or boring across the road, if applicable, equipment rental, labor and materials and necessary appurtenances for installation, including the meter. Ownership and maintenance of tfaf5 - - Service Line and meter after installation will be governed by Chapter 620 of the Commis:si~s Rwes 2: and Regulations. ! - PROPOSED EFFECTIVE: G l 20!2 Director, Department of Public Works N co 0 ---PAGE BREAK--- City of Lewiston Water Division 28. METERING. TERMS AND CONDITIONS Page 10 Original I. New Service Lines and Meters (continued). The Customer will be responsible for obtaining the Utility's written approval for the work and for contracting with a Utility-approved professional for the excavation and installation from the curb-stop into the building. The Customer may also have the option of using his/her contractor to excavate the portion of the installation from the Main to the curb-stop if the Utility approves the request. All contractor charges will be paid by the Customer directly to the contractor. The Service Line location will be set or reviewed by the Utility prior to excavation and must be installed to applicable plumbing codes and to Utility work standards and material specifications, available at the Utility office. The Utility reserves the right to inspect the materials and installation and must be- notified before they are buried or enclosed. If a site visit has been scheduled, and the Utility must later return to the premises due to inadequate preparation by the Customer or the Contractor or lack of adherence to the specifications, the Customer will be responsible for the cost of the extra visit(s). The Utility will be responsible for the excavation and pipe laying from the Main to the curb~stop; · including contracting the piping across the road if required, unless the Customer has received approval for contractor excavation, as specified in the paragraph above. The Utility will also install the curb-stop, install the meter and other appurtenances, and tap the Main. Work will be available during the regular business hours of 7:00 a.m. to 3:00 p.m., Monday through Friday. At its discretion, the Utility may subcontract out any part of this work. The costs to the Customer for the Utility portion of the installation are: • A charge of $38.00 per man-hour for excavation and pipe-laying from the Main to the curb-stop; for installing the meter, curb-stop, and necessary appurtenances; and for tapping the Main. • A charge of $47.00 per man- hour for the inspection and approval of contracted work. • Costs of the necessary materials, parts, and equipment and truck rental, as applicable, including the cost of the meter at required size. • Contractor services charged as required by the situation, including piping across the road, whether boring or opening and closing the road as required by Maine DOT or Town policy; plus additional costs, including but not limited to digging, permits, flagging, and closing the road as required by Maine DOT or Town policy. A written estimate will be given to the Customer for the costs of the Utility-provided labor, materials, equipment rental and subcontractors, and a deposit equal to the estimate will be collected prior to the initiation of the work. A reconciliation of the job costs will be done upon completion, and if applicable, the Utility will return any excess deposit at that time. If the actua~ costs exceed the deposit, the Customer must pay the additional amount as per the writte~ agreement between the Utility and the Customer, as a condition of service. 23 F:2: . 0 - J: CT.) PROPOSED EFFECTIVE: 1/1/2012 . r- n EFFEcr1vE: Sa_JA_-._N_c_i _1_2_0_1:_1 10CKCT M.L c) ·u DOCKET NUMBER: _ nes, P. E. Director, Department of Public Works N co u tr'""O~ I 6 I 0 v.J ---PAGE BREAK--- TERMS AND CONDITIONS City of Lewiston Water Division 28. METERING (continued). Page 11 Original J. Extensions of Mains. All water Main extensions shall be installed at the applicant's expense, as permitted in 35-A MRSA §6106. Procedures related to the installation of the Main extension, and ownership and maintenance after the installation, shall be governed by Chapter 650 ofthe Commission's Rules and Regulations. The applicant must complete a written application for the work and r.1 financial agreement to be responsible for all costs of the installation. The Utility will either provide the plan or preapprove the applicant's plan, as specified in C:h::ipter 650. The applicant must contract with a Utility-approved professional for the entire Main extl:!nsion, and all costs shall be paid directly to the contractor. The work must be completed to applicablP. plumbing codes and to Utility work standards and material specifications, which will be availabie at the Utility office. The contractor may be required to purchase materials from the Utility if, 10 alternative, reliable source is available that ensures compatibility with the Utility's pipe and equipment. In order to manage and inspect the process, e1 Utility representative will be present intermittently during the installation, including but not limited t0 tiuring the tapping of the Main, the pressure testing, and the sanitation. The cost to the applicant's contractor for this inspection and management will be $47.00 per hour. The Utilitv re.serves the right to subcontract these services to its own contractor. If at any time during the inctallau0n the Utility representative discovers work irregularities or a lack of adherence to the pr""c1pproved. olan or the standards and specifications, the Utility may stop the installation at the applicant's expense. A written estimate will be given to the Customer for the Utility-provided services and materials, and a deposit equal to the estimate will beicollected prior to the initiation of any work. A reconciliation of the job costs will be done upon completion, and if applicable, tl-> 0 Utility will return any excess deposit at that time. If the actual costs exceed the deposit, the Customer must pay the additional amount as per the written agreement between the Utility and the Customer. 29. SERVICE INTERRUPTION. As specif;,..d in Chapter 660 of the Commission's Rules and Regulations, the Utility will provide reasonable notice nt '"'ny planned shut-off to affected Customers. If the interruption is expected to last more than 5 hours or1 o affect more than 10 Customers or a single commercial Customer on a dedicated line, notice will be given least twenty-four hours in advance of the interruption of service. The Utility will notify the Customers when practicable of the cause and duration of any unplanned shut-off. Pursuant to Chapter 620, if a Customer requests, the Utility will make a pro rata reduction in the Customer's minimum bill if service is interrupted for longer than forty-eight hours and the interruption is not due to negligence or improper care of equipment by the Customer. PROPOSED EFFECTIVE: EFFEcT1vE: J_A_N_o_1 _2_01_2_ in.cv~ 1 1 . A 'JI 6 r,.c. , v ~x Director, Department of Public Works DOCKET ---PAGE BREAK--- TERMS AND CONDITIONS City of Lewiston Water Division Page 12 Original 30. CONSERVATION. Customers should attempt to minimize waste of water. Pursuant to Chapter 620 of the Commission's Rules and Regulations, when necessary to conserve the water supply or in the event of an emergency, the Utility may restrict or prohibit waste or improper usage, including but not limited to, the use of hoses and lawn sprinklers. Under these circumstances, the Utility will decide what constitutes waste and improper usage in order to preserve the safety of the water system. 31. FIRE HYDRANTS. Fire hydrants may not be used for any purpose other than to extinguish fires unless prior permission is given by the Utility. In the event of fire extinguishment, the fire department will notify the Utility use within a reasonable time of declaring the fire under control. Fire hydrants must not be opened by any per.son other than an agent of the Utility or a duly authorized representative of the municipality or the owner. The Utility provides all flow testing and maintenance for City of Lewiston hydrants, including annual flushing at no charge to the City. Owners of private hydrants will contract with a certified professional to conduct testing and perform maintenance at their own expense. 32. PRIVATE FIRE PROTECTION. Customers requiring private fire protection must contact the Utility to· determine the availability of fire service at their Location. If available, the fire service line will be installed at the Customer's expense within the bounds of the public way or right of way; after installation, the line will be owned and maintained in the public way or right of way by the Utility, as specified in Chapter 640 of the Commission's Rules and Regulations. The Utility does not guarantee any quantity of water or pressure available through a fire protection serv.ice. · Pursuant to Chapter 640 of the Commission's Rules and Regulations, the Utility may require, as a term of service, a showing by the Customer on a periodic basis that certain maintenance, testing, or inspection procedures have been conducted in orderthat the installation be consistent with the health or safety standards of the Utility. The Utility reserves the right to require timely notice of all testing, so a Utility representative can be present to observe the process. e 3: c:p z r=z , fT1 N Ov CX) CJc: 3:0J 1J 3:r . -0 w w PROPOSED EFFECTIVE: EFFECTIVE: _ iOCKtT NO. 1 1 Director, Department of Public Works DOCKET AJ t~1 rn < m 0