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060-06
BOARD OF SUPERVISORS 3oard of Supervisors of Frederick County, in regular meeting on the 12"' day of April, 2006, adopted the following: FREDERICK COUNTY BOARD OF SUPERVISORS RESOLUTION ENDORSING LAKE HOLIDAY ESTATES UTILITY COMPANY ASSET SALE WHEREAS, Lake Holiday Estates Utility Company provides water and sewer utility service to 693 homes in the, Lake Holiday subdivision in Frederick County; and WHEREAS, Lake Holiday Estates Utility Company and Lake Holiday Country Club and Aqua Lake Holiday Utilities, Inc. have filed a joint petition (Case No. PUE-2006-0001 3) with the State Corporation Commission for authority to transfer utility assets and certificates of public convenience and necessity pursuant to the Utility Transfers Act and Utility Facilities Act; and WHEREAS, this Board finds this transfer to be of benefit to the general health, safety, and welfare of the residents of Lake Holiday subdivision in particular and the citizens of Frederick County in general. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors hereby endorses the transfer of utility assets and certificates of public convenience from Lake Holiday Estates Utility Company and Lake Holiday Country Club to Aqua Lake Holiday Utilities, Inc. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Clerk of the State Corporation Corrunission. ADOPTED this 12t'' day of April, 2006. VOTE: Richard C. Shickle Aye Gene E. Fisher Aye Bill M. Ewing Ave Philip A. Lemieux Absent Charles S. DeHaven, Jr. Aye, Barbara E. Van Osten Aye Gary W. Dove ATe Jo .Riley, Jr., Cl k Frederick County Board of Supervisors Reso]utionNo.: #060-06 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley @ co.frederick.va.us +. ~~~~~~ x v^?.?,n"' tr... s,.,.,..v..y .x^.-".~3... n M.r....~: 3 ..aF, rr~nr ~ ....... TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrator SUBJECT: Endorsement of Lake Holiday Estates Utility Company Asset Sale DATE: Apri16, 2006 _ Attached please find a resolution endorsing the transfer of utility assets and certificates of public convenience from Lake Holiday Estates Utility Company and Lake Holiday Country Club to Aqua Lake Holiday Utilities, Inc. This resolution is in response to an Order for Notice and Comment and Assigning Hearing Examuier received by the Chairman regarding the joint petition filed with the State Corporation Commission. There is no statutory requirement for the Board to comment on this petition; however, the adoption of this resolution of endorsement would be seen as a positive for this proposed transfer. Should you have any questions, please do not hesitate to contact me. JRR/jet Attachment C:~Docuvrnts and SettittgsVET~vfy Docrunanta~Board of Supavisots~BOS Memos~tvl®to Bd re bake Holiday LJlilities Transfa.wpd 107 North Kent Street Winchester, Virginia 22601-5000 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley @ co.frederick.va.us April 13, 2006 Clerk State Corporation Commission c/o Document Control Center P.O. Box 2118 Richmond, VA 23218-2118 Re: Lake Holiday Estates Utility Company Asset Sale Case No.: PUE-2006-00013 Dear Sir or Madam: Enclosed please find a copy of the Frederick County Board of Supervisors' resolution endorsing the above referenced case, as approved by the Board at its April 12, 2006 meeting. The Board appreciates the opportunity to comment and endorse this transaction. Should you have any questions or require additional information, please do not hesitate to contact. John R. Riley, Jr., County Administrator, at 540-665-6382. Sincerely, ~---~C: ~ `"~ Jay E. Tibbs Deputy County Administrator Enclosure 107 North Kent Street Winchester, Virginia 22601-5000 SENT BY: HP LASERJET 3150; ~f SHENM -I I ~~ UN[VEl 915406784484; MAR-29-OB 4:39PM; PAGE 1 ~~~ ~~~~~ ~D~I S4i~ u~; f~~ y ~SITY FACSIMILE TRANSMITTAL SHEET To: J Fronn - ~ lI J.• Richa~l Shickle ' Adtxvnistrationand Finance FAX NUM R: Dste: .~ l --1. c~ ~~ ~ l ~ ~ ~ / Ip- ~p PNONE N BER: TOTAI. NO. OF PAGErli INCLUDING COVBR: Re: ^ U1tGEN~q ^ FOR RF V1EW ©PLEASE COribfENT ^ PLEASE REPLY ^ CA1r7F(DENlIAL Office of Administration & Finance 1460 University Drive, Winchester, VA 2260 I -5195 ~ 540-665-4533 ~ FAX' 540-678-44fi~; Isaville~su.edu ~ vnvwsu.edu SENT BY: HP LASERJET 3150; JOEL M. BIkKEn• RAVMONP J. DIAZ•+• JONATHAN J. HROQM@, JI JOHN F. BOLAN D• ROBER7 E. SCU LLY, JR.• ' .uIAN R. CA ROENAB BRUGR 8. TIYUe•+ PETER B. PHILBI N+ W ILL[AN P. DA LT, JR. ANDREW H.OOLKOW 6U 6AN RICHA ROB BALEN kICMARO M. WARE, JR.+ ERWARR J. O'CONNELL i NANK 0. GRAHAM TODD A. 81 NK) NR• LELLA •MIBB E. PAPE•i 915408784484; MAR-29-08 4:39PM; PAGE 2 Rl:ES, BROOMP 6 Diaz, P. C- GDUN$ELLORS AT LAW 8133 4.EE59URG PIKE, NINTH FLOOR 7YBONS CORNER VIENNA, VIRGINIA 2 2162-2 70 6 TELEPHONE (7031 780-1911 FAX: 17031 648-2530 W W W.RBPLAW.GOM March 22, 2006 Richard C. Shackle Frederick Co ty Board of Supervisors 232 Creen Sp ng Road Winchester, ,rginia 22tii13 Lake Holiday Estates Utility Company Asset Sale URBULA A. KOENIa+ NIMHERLFY O'HALLORAN-COnDRAT+ RO RT K. NUOENT L@8L1@ B. 6NOwN• EMILY NARWOOD SMITH COURTNEY B. HAhhln CHRIBTOPNER B. DEMERB KATHERINE C. NCGARTHY TIFFA NV L. BU R7RN KE LLY A. CAB91Dv OF COU NBEL DANIEL R. DROP PER• JAMES M. REEB (1 d~1.1986) • AAA w1aM,TTiB iN'ira b,yew,.n u• Gn.V MCIA + ALYD ADMITTCO IN MAYTLAND • ALew ADMITTCD IN WE6T YI RDINIA • ALO ADMITTCD TD PATCNT BAY Dear Mr. Shic le: Wear counsel L•or Lakc Holiday Estates Utility Company and Lake Holiday Country Club, and we present them in the proposed sale of the Lake Holiday >rstates Utility Company assets to Aqu• ,ake Holiday Utilities. Pursuant to an order from the State Corporation Commission, closed please find a copy of the following Orders issued by the Sta#e Corporation ttunission regarding the Joiut Petition of Lake Holiday Estates Utility Company, lnc., Lake Ho day Coturtry Club, hie., and Aqua Lake Holiday Utilities, Inc, for the authority t.o transfer assets nd certiFcates of public convenience and necessity pursuant to the Utility Transfers Act' d Utility Facilities Act: (1) Order For Notice and Comment and Assigning Bearing Ex ner; and (2) Order Nuns Pro Tunc. If you ;~ave any questions, please feel free to contact mc. Sincerely, REES, BROOMS &DIAZ, P.C. By: GPI • 1 Tiff L. rlon Enclosures SENT BY: HP LASERJET 3150; REFS, BROO E Marctr 22, 205 Pagc 2 ~~: nay ~~ & DfA7., P.C. d G. Owens Allison 915408784484; MAR-29-OB 4:39PM; PAGE 3 IS:\19479UNM1UHHW3x~.rWtU76U322 Ci~vlr kLLer 4i FrvJerick Iioard of C'owlty 3up.doc SENT BY: HP LASERJET 3150; 915406784484; MAR-29-0& 4:41 PM; PAGE 9 COMMONWEALTH OF VIRGI\7.a STATE CORPORAT[ON COMM1SSlON AT RICHMOND, ]VIARCI.1 14, 2006 JOIN'C PETTT~N 4F LAKE HOL Y ESTATES UTILI'T'Y COMPANY, INC. LAKE HOLI Y COUNTRY CLUB, INC. and AQUA LAKI? OLIDAY UTILITIES, INC. CASE NO. PUE-2006-00013 For authority t kanafer utility assets and certificates of tic convet]iencc and necessity pros t to the Utility Transfers Act - and Utility F litica Act ORDER FOR NOTICE AND COMMENT aJ AND ASSIGNING HEARING EXAMINER On Fc 10, 2006, Lake Holiday Estates [Jtility Company, Inc. ("Lake Holiday Utility"), Lake oliday Country Club, Inc. ("Lake Holiday Country Club"), and Aqua I.alca Holiday tJtiliti s,1nc. ("Aqua Lake Holiday"} (collectively, "Joint Petitioners"}, Fled with the State Corporal n ComrnisSion ("Commission") theabove-captioned Joint Petition. Lake , liday Utility provides water and sewer utility service to 693 homes in the Lake Holiday subdi sion in Frederick Couaty, Virginia.' The subdivision has another 4(13 lots with water and sew service available and 1,611 lass that da not. Lake Holiday Country Club is the subdivision's petty owners association and owns all of the stack of Lake Holiday Utility.' Aqua Lake Hoday is a subsidiary of Aqua America, Inc., and was newly created to own and operate the uti y assets that are the subject of purchase agreements between the Joint ~ Lake Holiday U lity holds Cerrificate tJas. W-141 and 5-63 iasutd Nwcmbcr 30, 1973. = Unly Lakc Holi y Utilit~e assets and certificates arc requested to be transferred and not the stock held bj Lakr Holiday Country tub. SENT BY: HP LASERJET 3150; 915406784484; MAR-29-06 4:41PM;. PAGE 10 Petitioncrs.3 ' agreements of Cet'tl$t:flte3), t policy. The Jc Holiday Utilit Aqua I.,akt: H. Frederick Cot fur Certificate transferred to area de3lgnatE granted pursu Joint I Connection to that Lake Hol increase in an having bCCn C !n sad Aqua Lake H 17he purchase E Inc., rttbaidiary, Holiday. ' got Joint Paiti ' Sec Order Nal', this Order, we h Joint Petitioners have conditioned performance under their purchase obtaining this Commission's approval of the transfer of assets (including approval ofnew rates turd rate base, and approval of a nt;w main extension tt Petitioners fast request approval under the Utility Transfers Act for Lake to sell all utility assets of l.,ake Holiday Utility to Aqua Lake hloliday and for ,day to acquire the tatility assets serving the Lake Holiday subdivision in ly, Virginia. The Joint Petitioners seek approval under the Utility facilities Act of Public Convenience and Necessity ("CPCNs") Nos. W-191 and 5-63 to be qua Lake Holiday as well as authorization, for Aqua Lakc Holiday to serve the by those t~rti6cates. Joint Pctitioncxs requt~t that the transfer of CFCNs he ;t to ~ 56-265.3 [] of the Code of Virginia ("Code")- next requevt approval of the proposed rates, fees and charges (including and charges) whiC~t are set out in the Joint Petition. The Joint Petitioners note Utility has also sought an increase in the water and sewer rates, as well as an connection f~ecs itr a parallel action,{ which we take judicial notice of as in Case No. PULL-200b-W017 s to the rate relief requested, the Comrnissian is also requested to determine day's rate base and to set iL equal to the purchase price for the utility assets. The seats are submitted with the Joint Petition and arc actually execatcd by another Aqua America. SI., Inc., which has agreed to assign its rights under the purchase agrtetnentx to Aqua Lake pp. 3-4, Exhibit 2. ping flare tricrease issued February Zi, 20011, t„ast No. PUE•2tb6-UO017. Contemporantou.: ++ iih issued an Order On Reconsideration. 2 SENT BY: HP LASERJET 3150; 915406704464; MAR-29-OB 4:41 PM; Commission i~ further requested to grant approval of the accatutting treatment (including the connection fe{g and method of refunding theteofl being proposed by Aqua Lake Holiday. the Commission is requested to grant approval of the main extension policy for Aqua Lake H 'day as set out in the Joint Petition. Upon nsideration of the Joint Petition, the Commission finds that all relief requested should be con dered and that this matter should be docketed and the joint Petitioners should give notice. V~e also make certain preliminary detetminations regarding the requested rate relief and CPCNs. As we eve previously noted, the parallel action for rate relief bmught by i,ake Holiday Utility has b nullified. The Comtttission fmds that otily the rates w-sponsored by Lakt: Holiday Utilit in this Joint Petition should be considered at this time. The Commission is not required to ew different simultaneous rate filings by Lake Holiday Utility as sponsored by Lake Holiday tility bath in Case No. PUE-2006-00017 and in this Case. While Joint Petitioners di of request intctim approval in this Case for the proposed rates and charges, we take judicial n lice that Lake Holiday Estates Utility did request emergency relief in Case No. 1'UE-2006-00 17. Therefore, we will grant Joint Petitioners Dave to amend their Joint Petition to request int m approval of their rates and charges in this C',ase.b Becau we are being asked to authorize new rates with the transfer of utility assets. the Commission ds that the requested transfer of CPCNs under § 56-265.3 D of the Code is not the apprtaptyat authority to be votteideted for Aqua lake Holiday. We find that the requested ° It is unclear fro the Joint Pttition whether approval of the rates. Hiles and regulations is requested undo Chapter 1Q of Tit 56 of tht Code or under the Small Water or Seiner Public lhilih• Act, chapter 10.2: t o!"Title ; f, of the Code_ M ndmt:nt fled should clarify ttk legal authority the rate relief is sought ceder. PAGE 11/17 3 SENT 8Y: HP LASERJET 3150; 915406784494; MAR-29-06 4:41 PM; authoriaatign ould be considered under § 56-265.3 A of the Code for issuance of ncv CPCNs for Aqua Lak oliday. The fission fords that ell relief requested should be investigated by Staffand the rt~tilts of the i esttgation should be filed in a report as directed below. We wilt assign this case to a Bearing E uniner who will set this case for an expeditious hearing and conduct all further proceedings. a Commission will accept comments on the joint Petition filed as pt+escribed below in Ord ng Paragraph (3). Accord Y. IT iS ORDERED THAT: (1) As rovided by §§ 56-89, 56-90, 54-265.3 A, and related provisions of Title 56 of the Code, the Join etition for authority to sell and acquire s11 utility assets of Lake ~Ioliday Utility, for certificates f public convenience and necessity for Aqua Lake Holiday, for approval of rates, fees, charges, to base, and main extension policy is hereby docketed as Case I3o. P[JE-2006- 00013, and the all associated papers be filed herein. (2) Joi Petitioners are hereby granted leave to move to amend the Joint Petition, consistent wi a findings abovq no later than tsn (10) days from the date of this Order. (3} C mints on the Joint Application and on any timely amendment thereto maybe 61ed by April , 2t106, by either of the following methods: } Commont.4 maybe submitted in writing to Clerk, State Corporation Cgmnnission, Document Control Cer-ter, P.O. Aox 2118, Richmond, Virginia 23218-2118_ All correspond nee shay refer to Case No. PUE-20E16-00013. Comments may be submitted electronically by follo«ing the instructions available at th ommission's website: www.scc.virginia•~ov/casei fi~o_l-ttm. PAGE 12/17 4 SENT BY: HP LASERJET 3150; (4) Or the chair of th mail or delive (5) O~ of its Joint Pe inspection duR Road, Cross 3 (6) Jo newspaper of April ] 0, 200 915406784484; MAR-29-06 4:42PM; PAGE 13/17 or before March 28, 2006, the Joint Petitioners shall serve a copy of this Order on Hoard of Supervisors of Frederick County. Service shall be made by first-class r to the customary place of business or residence of the official served. and afteQ March 21, 2006, Joint Petitioner Lake Holiday Utility shall make a copy ion together with the Transaction Summary submitted to Staff, available for tg regular business hours at the off"iae of Lake Holiday Utilities, 23 i Redland Virginia. Petitioners shall publish once the following notice as display advertising in a circulation in Frederick County, Publication shad be completed by JAKE HOLIDAY ESTATES UTlL1TY COMPANY, 1NC., LAKE HOLIDAY COUNTRY CLUB, INC., AND AQUA LAKE IIOLTDAY [JTILITIES, INC. NOTICE OF 101NT PETITION '1'O 'TIME STATE CORPORATION COMMISSION CASE NO. PUFr?.006-00013 Lake Holiday Estates Utility Company, Inc. ("Lake ay Utility"), Lake Holiday Country Club, Inc. ("Country '}, and Aqua Lake Holiday Utilities, Inc. ("Aqua Lake ay") (collectively, "Joint Petitioners")have petitioned the aia State Corporation Commission ("Commission") far rity to transfer all of Lake Holiday [Jtility's assets to Aqua Holiday pnu'snant to certain purchase agreements, and for I..ake Holiday to be certificated to provide wets and sewer r service to the Lake Holiday subdivision in Frederick ty, Virginia- Joint Fetitioners further petition the nission for approval of a rate base for Aqua Lake Holiday to the purchase price of Lake Holiday [Itility's assets. The Petitioners propose the following rates, charges, and fees: Water Service CanoecNon Fees: (a) Single Family Dwelling: S5,000.00 SENT BY: HP LASEAJET 3150; 915406784484; MAR-29-06 4:42PM; PAGE 14117 (b) Connections other than single residential: Actual wst, but in no event less than 55,000.00 Sewerage Servlee Counectlon Fees: (a) Single Family 1?wellixtg: $7,000,00 (b) Connexions other than single residential: Actual cost, but in no BYellt less than $$,~.~() hates for Metered Water 3ervlcer: (a} Monthly Minimum Scraico Charge: Includes 3000 gallons: $32.00 (b) For All Water used over 3000 gallons: $4.50 per 2 000 gallons Rates for Unmetered Water' Services: Monthly Unmetered: $32.00 hates for Sewerage Service: itesidenllal Customers (a) Monthly Minimum Charge: 543.00 per equivalent unit Non-Iteeldentiai Custpmers (a) Monthly Minimum Charge: $43.DU per equivalent unit; or, in Aqua Lake Holiday's sole discretion (b) Monthly Minimum Charge: 543.00 plus Volumetric Rate (Applicable only to non-residential customers}; 6 SENT SY: HP LASERJET 3150; 915408784484; onthl (:first 5,000 gal. MAR-29-06 4:42PM; S~V 15,000 gal. $ l .l 3J 1000 gal. All over 5,000 gal. ] 5,000 gal. .68/1000 gal. Grinder Pump Maintenance Service Fees: 55.00 per month Minimum Charges for Water and Sewerage 3ervlee: bill will be r~tdcred for leas than the minimum cfiarges. The timum charges shall becotne e$bctive when the water and ~eaage service is connected to the lot. if a metered or uttmetered nectinn is trade inactive, then the minitnum charges will be as fined in Sections 3(a), 4 and 5(a) above. Availability Fees for vacant Lots: $ 10.00 per month Water $10.00 per month Sewer 'Transfer of Service Charges: $30.00 Turn on Charges: 550.00 during regular business hours S 1 OD.00 after 4 pm or on wcdcends, holidays l .Returned Check Charge: $20.00 2. Late Payment Ckargc: l 'l~ % per month on unpaid balances The Joint Petition may he inspected in the Commission's ~cumeatt Control Center, Office of the Clerk of the Commission, at Floor, Tyler Building, 1300 East Main Street, Richmond, rgtnia, during Commission business hours. 'l'hc unofficial text the Commission's order in Case No. FUE-200640013, the Joint tition, and other documents may be viewed at the Commission's ~cket Search, ~'1vw arc vir~~vJcaseinfo.htm...a copy of ;Joint Petition, together with the Transaction Summary omitted to Staff, is also available for public inspection during ;ular business trouts at the office of Lake Holiday [;tility. sated at 23! Redland Road, Cross Junction, Virginia. PAGE 15117 SENT BY: HP LASERJET 3150; 915406784494; MAR-29-06 4:42PM; PAGE 18/17 Comments on the Taint Petition maybe filed by Apri) 24, by either of the following methods: Comments may be submitted in writing to Clerk, State rotation Commission, do Document Control Center, P.O. 2118, Richmond, Virginia 2321$-2118. All correspondence .refer to Case No. PCJE-2006-00013. OR (~ ~ copy of the (~) proof of the (7). (9} Comments maybe submitted electronically by following instructions available at the Conatnission's Webaite: before March 28, 200ti, Joint Petitioners shall mail by U.S. Mail, first-class, a ;prescribed in Ordering Paragraph (6) to all customers served and billed. before Apri124, 2006, Joint Petitioners shall hle with the Commission Clerk 2g, mailing;, and publication required by Ordering Paragraphs (4), (5), (6), and before April 14, 2006, the Joint Petitioners shall file with the Clerk of the Commission a~ original and fifteen (15) copies of atty direcK testimvay and exhibits, in addition to or in lieu of ~hformation submitted with the Joint Petition, that Joint Petitioners intend to present in sup rt of the Joint Petition. (10) or before April 24, 2006, any person desiring to participate in this case as a Respondent, efined in ]talc 5 VAC 5-20.80 B, shall file an original and fifteen (15) copies of a Notix of P -cipation with the Clerk of the Commission and shall serve a copy of the same upon Donald Owens, Esquire,'1'routman Sanders L.1,P, 1001 Floral] Point, P,O. Box t 122. Richmond, Vi inia 2;3218-I 122; and Jonathan J. l3roame, Jr., Esquire. Roes, Broome & Diaz. P.C., 8133 I.ee uxg; Pike. 9th Floor, Vienna, Virginia 22182. 8 SENT 8Y: HP LASERJET 3150; 915406784484; MAR-29-06 4:43PM; . ~ ~~ The N ce of Participation shall contain: (i) a precise statement of the interest of the Respondent; (i a statement of the specific action sought to the extent then known, and (iii) the factual and leggy basis for the action. (11) Jo t Petitioners shall respond to written interrogatories, data requests, or requests for the pr~uc n of documents within five (5) busiaesa days after the receipt of the same. Respondents s 1 provide the Joint Petitioners, other Respondents, and Staff, any workpapers or documents us in the preparation of their filed testimony promptly upon request. Except as so modified, dis ery shall be in accordance with Part Vl of the Corrnnission's Rules of Practice and Procedure. (12) P suant to 5 VAC 5-1[)..120 A of the Commission's Rules of Practice and Procedure, a H g Examiner is appointed to condu~4 all further proceedings, including ruling on any amend t to the Joint Petition and requests far interim rats relief and establishing a procedural sch ule for the prefiling of evidence and convening a public hearing. ANA STF.D COPY hereof shall be sent by the Clerk of the Commission to: bonald G. ow s, Esquire, Troutman Sattders LLP, 1001 Haxall Point, P.O. Box 1122, Richmond, Vir nia 23218-1122; Kathy Lee Pape, Esquire, Vice President, 'l7easurer & Rate Counsel, Aqua merits, lne-, 762 E.encacttx Avenue, Byrn Mawr, Pennsylvania 19010; Ionaihan 3. B me, Jr., Esquire, Rees, Broome & biaz, P.C-, 8133 Leesburg Pike, 9th Floor, Vienna, Virgin 22182; C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Cou 1, Oft3ce of Attorney General, 900 East Main 5trect, 2nd Floor, Richmond, Virginia 23219 the Commission's p#'tice of General Counsel and Divisions of Energy Regulation, Pu is Utility Accounting, Economics and Finance, and Public Servicc'faxation. PAGE 17/17 U SENT BY: HP LASERJET 3150; 915406784464; MAR-29-OB 4:40PM; PAGE 4 ~. - ,~ GOMMOIWVEALTH OF VIRGINIA ' STATE CORPORATION COMMISSION AT RICHMOND, MARCH I6, 2006 JOINT PETIT N OF CASE NO. PUE-2006-00013 LAKE HOLI Y ESTATES UTILITY COMPANY, INC. LAKE HOLI Y COUNTRY CLUB, INC. and AQUA LAK OLIDAY UTILTI'IES, INC. For authority t transfer utt7ity assets and certificates of ublic conveniet~ snd - necessity pars t to the Utility Transfers Act - and Utility F lines Act _ , . .. _ ~~~ ORDBR NUNC PRO TUNC On F ary 14, 2006, Lake Holiday Estates Utility Company, Inc. ("Lake Holiday Utility"), Lak oliday Country Club, Inc. ("Lake Holiday Country Club"}, and Aqua Lake Holiday Utilit' s, Inc. ("Aqua Lake Holiday") (collectively, "3oint Petitioners"}, fi}ed with the State Coiporat n Commission ("Cotmission") the abovo-captioned 3oint Petition. On M h ] 4, 2006, the Commission issued an Order for Notice and Comment and Assigning He g Examiner ("Order of March 14, 200(1"). The Commission now finds that the notice sari in the March 14, 2006, Order is in error for the reason that the fee y~ven for item 2(b) on p e 6 is incorrectly stated as: cruet cost, but in no event less than $5,000-00; and should he rrectly stated as: ctuai cost, but in no event less than $ 7,000. The no ce prescribed in the Order of March 14, 2006, is now restated below and corrected, C ~n T'UNC. SENT BY: HP LASERJET 3150; 915408784484; MAR-29-06 4:40PM; PAGE 5 LAKE HOLIDAY ESTATES UTILITY COMPANY, l1VC., LAKE HOLIDAY COUNTRY CI,IJB, INC., AND AQUA LAKE HOLIDAY UTILITIES, INC. NOTICE OF JOINT PETITION TO TIIE STATE CORPORATION t;Q1V)MISSION CASL~ NO. PUE-200b-00413 Lake Holiday Estates Utility Company, Inc. ("Lake lay Utility"), Lake Holiday Country Club, Inc. ("Country '), and Aqua Lake Holiday Utilities, lne. ("Aqua Lake lay") (collectively, "Joint Petitioners") have petitioned the nia State Corporation Commission ("Commission") far ~tity to transfer all ctf Lake Holiday Utility's assets to Aqua. Holiday putttuant to certain purchase agreements, and for Lake Holiday to be certificated to provide water and sewer / service to the Lake Holiday subdivision is Frederick ty, Virginia, Joint Petitioners further petition the mission far approval of a rate base for Aqua Lake holiday tc the purchase price of Lake Holiday Utility's assets. "I'he Petitioners propose the following sates, charges, and fees' Water Service Connection Fees: (a) Single Family Dwelling: $5,000.00 (b) Connections other than single residential: Actual oast, but in nn event less tl~asa $5,000.00 Sewerage Service Connectlon Fces_ (a) Single Family 17welling: $7,000.00 (b) C;onneckiona other than single residential: Actual coat, but in no event less than X7,000.00 Rates for Metered Water Services: (a) Montlily Minimum Service Charge: €ncludCS 3000 gallons: S32.00 (b) For Alt Water Used over 3000 gallons: 54.50 per 1000 gallons 2 SENT BY: HP LASERJET 3150; 915408784484; MAR-29-08 4:40PM; Rates for Unmetered VNater Services: Monthly Unmetered: $32.00 . Rates for Sewerage Service: Residential (;ustornexs (a) Monthly Minimum Charge. $43.00 per equivalent unit Nan-Residential Cusfnmers ~ {a) Monthly Minimum Charge: $43.00 per ' equivalent unit; or, in Ayua Lake Holiday's sole d1BCretlOn (b) Manthly Minimum Charge: $43.00 plus Volumchic Rate (Applicable only to non-residential customers): M1zaIh1X Q+ly First 5,000 gal. 15,000 gat. $1.1311000 gal. All over 5,000 gal. 15,000 gal. .68/1000 gal. Grinder Pnmp Maintenance Service Fees: $5.00 per month i 1411nitnam Charges fpr VYater and Sewerage Service: o bill will be rendered for less thao the minimum charges. The ' 'mum charges shall become effective when the water and erage service is connected to the lot. If a metered or unmetered nnection is made inactive, then the minimum charges will be as efined in 5eotions 3(a), 4 and 5(a) shave. Availablllty Fees for Vacant Lots: $10.00 per month Water $10.00 per month Sower . Transfer of Service Charges: $30.OD 3 PAGE 8 SENT BY: HP LASERJET 3150; Turn on Charges: S50.00 during regular business hours S 306.00 after 4 pm or on ~+eekends, holidays Returned Check Charge: $20.00 )Late Payment Charge: 1 '/: % per month on unpaid balances The Joint Petition maybe inspected in the Commission's mtnent Control Center, Office of the Clerk of the Commission, ,- Fioor, Tyler Buildtng,13001?ast 141ain Street, Rielttsiond, gittia, during Commission business hours. The unofficial text he Commission's order in Case No. PtJl~r2066-06013, the Joint Rion, and other documents maybe viewed ai the Commission's deaf Search, ~ yilPltljal,,gOv/casei~,fo htm. A Dopy of Joint Petition, together with the Transaction Summary mitred to Staff, is also available for public inspection during ular business hours at the ofl^ice of lake Holiday Utility, rted at 231 Redland Road, Cross Junction, Virginia. 915408794494; MAR-29-06 4:40PM; PACE 7 Comments on the Joint Petition may be filed by Apri124, by either of the following methods: Comments may be submitted in writing to Clark, State oration Cotnmisaion, clo Document Control Ces-ter, P.O. 2118, Richmond, Virginia 23218-2118. All cornespondence refer to Case Na. P1JE-2006-00013. OR (1) March 14, Finding Comments maybe submitted electronically by following instructions available at the Commission's Website: IT 1S ORDERED THAT: prescribed in Ordering Paragraph (b) of the Commission's Order of is hereby corrected, NUNC PRO TUNC and shall appear as set out in the 4 SEiJT BY: HP LASERJET 3150; 915408784484; MAR-29.08 4:41 PM; PAGE 8 i (2j is case is hereby continued ;For further proceedings consistent with the Order of March l~, 2 ANA TED COPY heaeof shall be sent by the Clerk of the Commission ta: Donald Ci. Ow s, Esquire, Troutman Sandets LLP, 100I Haxall Point, P.O. Box 1122, Richmond, Vir ' 'a 232I $-1122; Kathy Lee Pape, Esquire, Vice President, Treasurer & Rate Counsel, Aqua tnerica, Inc., 7b2 I,aneaster Avenue, Hryn Mawr, Pennsylvania 19010; Jonathan J. Br mt, Jr., Esquire, Rees, I3roome & Diaz, P-C., 8133 Leesburg Pike, 9th Floor, Vienna, Virgin 22182; Wayne G. Travell, Esquire, and D. M. 3arata, Esquire, Leach Travel!, P.C., 1921 Gai s Road, Suite 425, Vienna, Virginia 22182; C. Meade Browder, 3r., Senior Assistant Atto ey General, Division of Consumer Counsel, Office of Attorney General, 900 East Main fret, 2nd Floor, Richmond, Virgjnia 232!9; the Commission's Office of General Couns and Divisions of Energy Regulation, Public Utility Accounting, Economics and Finance, and P tic Service Taxation. 5