LIBERTY UTILITIES-THE LANDINGS FRANCHISE APPLICATION.PDF
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BEFORE THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, STATE OF ARIZONA In the matter of the Application ) ) of ) APPLICATION FOR A Liberty Utilities (Litchfield Park cua. Water & Sewer) Corp. ) TO THE HONORABLE BOARD OF SUPERVISORS: The undersigned, a citizen or citizens, and a resident of, or a company doing business in Maricopa County, State of Arizona, hereby petitions your body for a Public Service Franchise to construct, maintain and operate: C] A domestic water distribution system, consisting of pipe lines, meters, connections and all necessary equipment, C] An irrigation water distribution system, consisting of pipe lines, ditches, gates and all necessary equipment, XI A sewage system, consisting of lines, connections, manholes and all necessary equipment, LJ Other — Cable TV, Gas, Telephone, etc. (Describe fully below) To serve the residents of (legal description or vicinity of): TERRAWEST PARCEL A portion of land being situated within the Northwest Quarter of Section 21, Township 2 North, Range 2 West of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at the North Quarter corner of said Section 21, said point being a found Maricopa County Department of Transportation (MCDOT) brass cap flush, from which the Northwest corner of said Section 21 being a found MCDOT brass cap flush bears North 89°55'34" West, 2649.10 feet; Thence South 00°12'17" West along the East line of said Northwest Quarter of Section 21, 555.00 feet to the POINT OF BEGINNING; Thence continuing South 00°12'17" West along said East line of the Northwest Quarter of Section 21, 1587.02 feet to a point on the North line of the South Half of the North Half of the South Half of the South Half of said Northwest Quarter; Thence North 89°54'11" West along said North line, 2372.35 feet to a point on the East line of the Final Order of Condemnation as recorded in Document 2012- 0228233, ofMaricopa County records; Thence North 00°15'54"East along said East line of the Final Order of Condemnation, 2086.06 feet to a point on the South line of the North 55.00 feet of said Northwest Quarter of Section 21, said line being the South Right of Way line of West Camelback Road; Thence South 89°55'34" East along said South line of the North 55.00 feet, 1490.16 feet to a point on the West line of the East 880.00 feet of said Northwest Quarter; Thence South 00°12'17"West along said West line, 500.00 feet to a point on the South line of the North 555.00 feet of said Northwest Quarter; Thence South 89°55'34" East along said South line, 880.00 feet to the POINT OF BEGINNING. The above described parcel contains a computed area of 4507701 sq. ft. (103.483 acres) more or less and being subject to any easements, restrictions, rights-of-way of record or otherwise. The description shown hereon is not to be used to violate any subdivision regulation of the state, county and/or municipality or any land division restrictions. MOSELEY PARCEL A portion of land being situated within the Northwest Quarter of Section 21, Township 2 North, Range 2 West of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at the North Quarter corner of said Section 21, said point being a found Maricopa County Department of Transportation (MCDOT) brass cap flush, from which the Northwest corner of said Section 21 being a found MCDOT brass cap flush bears North 89°55'34" West, 2649.10 feet; Thence South 00°12'17" West along the East line of said Northwest Quarter of Section 21, 55.00 feet to a point on the South Line of the North 55.00 feet of said Northwest Quarter of Section 21, said line being the South Right of Way line of West Camelback Road, said point being the POINT OF BEGINNING; Thence continuing South 00°12'17"West along said East line of the Northwest Quarter of Section 21, 500.00 feet to a point on the South line of the North 555.00 feet of said Northwest Quarter of Section 21; Thence North 89°55'34"West along the South line of the North 555.00 feet of said Northwest Quarter, 880.00 feet to a point on the West line of the East 880.00 feet of said Northwest Quarter; Thence North 00°12'17"East along said West line of the East 880.00 feet, 500.00 feet to the South line of the North 55.00 feet of the Northwest Quarter being the South Right of Way line of West Camelback Road; Thence South 89°55'34" East along said South Right of Way line of West Camelback Road, 880.00 feet to the POINT OF BEGINNING. The above described parcel contains a computed area of 440001 sq. ft. (10.10 acres) more or less and being subject to any easements, restrictions, rights-of- way of record or otherwise. The description shown hereon is not to be used to violate any subdivision regulation of the state, county and/or municipality or any land division restrictions. Attachments include: 1) The Landings Legal Description. 2) The Landings CC&N Approval. 1. Your petitioner has made application to the Arizona Corporation Commission for a Certificate of Public Convenience and Necessity to exercise the functions of a public utility to service to furnish the service described above to persons living within the area described above, subject to the laws of the State of Arizona. If granted franchise, the petitioner proposes to engage in and carry on in the business as described above and all other things necessary for performing this service to the public in the area. OR Your petitioner holds a license issued, and is regulated, by the Federal Communications Commission to furnish the service described above to persons living within the area described above. The petitioner proposes to engage in and carry on in the business as described above and all other things necessary for performing this service to the public in the area. IL. That your petitioner is financially able to undertake installation and performance of this service within the area for which this franchise is requested. Ill. That by reason of the facts already stated herein, and because this service is not now available to persons now living, or who may live, within the said area hereinbefore described, and because of the further fact that services promptly supplied to waiting customers and prospective applicants will do much to develop and improve the area described, your petitioner respectfully petitions your Honorable Board of Supervisors to grant this application for a right and franchise from the County of Maricopa, State of Arizona. Petitioner will construct, maintain and operate the aforementioned utility for a period to be determined at the hearing on this application, or for a period of one (1) year after the franchised area or a portion thereof is annexed by a municipality, whichever is shorter, along upon, under and across public highways, roads, alleys, and thoroughfares (excepting State highways) within that portion of Maricopa County hereinbefore described. Also not within the confines of any incorporated city or town and under such restrictions and limitations and under such terms as this Board may provide, not inconsistent with law and order and the rules of the Arizona Corporation Commission and that this Board take such proceedings herein as provided by the laws of the State of Arizona. DATED at Phoenix, Arizona, this 13m day of Janvai2021. The L) Signature of officer or authori sentative Name: David Heighway Address: Liberty Utilities 14920 West Camelback Road, Litchfield Park, AZ 85340, Attachment I am EXHIBIT 3 fF WwW LEGAL DESCRIPTION OF EXTENSION AREA He JEN ARIZONA 28, LLC (TERRAWEST) PARCEL LEGAL DESCRIPTION ww MISSIONARY WINGS, INC. (MOSLEY) PARCEL LEGAL DESCRIPTION DO nN wo Co SO — HO met WD Hh HH DH mmm SIN fF Oo OC CT ORD —- RD bw BRO WwW BO +|& NB mn 26 SHAPIRO LAW FIRM A PROFESSIONAL CORPORATION EXHIBIT A TERRAWEST PARCEL LEGAL DESCRIPTION A portion of land being situated within the Northwest Quarter of Section 21, Township 2 North, Range 2 West of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENGING at the North Quarter corner of said Section 21, said point being a found Maricopa County Department of Transportation (MCDOT) brass cap flush, from which the Northwest corner of said Section 21 being a found MCDOT brass cap flush bears North 89°55'34" West, 2649.10 feet; Thence South 00°12'17" West along the East line of said Northwest Quarter of Section 21, 555.00 feet to the POINT OF BEGINNING; Thence continuing South 00°12'17" West along said East line of the Northwest Quarter of Section 21, 1587.02 feet to a point on the North line of the South Half of the North Half of the South Half of the South Half of said Northwest Quarter; Thence North 89°54'11" West along said North line, 2372.35 feet to a point on the East line of the Final Order of Condemnation as recorded in Document 2012- 0228233, of Maricopa County records; Thence North 00°15'54" East along said East line of the Final Order of Condemnation, 2086.06 feet to a point on the South line of the North 55.00 feet of said Northwest Quarter of Section 21, said line being the South Right of Way line of West Camelback Road; Thence South 89°55'34" East along said South line of the North 55.00 feet, 1490.16 feet to a point on the West line of the East 880.00 feet of said Northwest Quarter; Thence South 00°12'17" West along said West line, 500.00 feet to a point on the South line of the North 555.00 feet of said Northwest Quarter; Thence South 89°55'34" East along said South line, 880.00 feet to the POINT OF BEGINNING. PAGE 1 OF 4 U:\1700\1775\SURVEY\DOCS\LEGAL\1775-PH-1-2-TERRAWEST-LEGAL docx The above described parcel contains a computed area of 4507701 sq. ft. (103.483 acres) more or less and being subject to any easements, restrictions, rights-of-way of record or otherwise. The description shown hereon is not to be used to violate any subdivision regulation of the state, county and/or municipality or any land division restrictions. Prepared by: HILGARTWILSON, LLC 2141 E. Highland Avenue, Suite 2 Phoenix, AZ 85016 Project No. 1775 Date: January 2018 PAGE 2 OF 4 U:\1700\1775\SURVEY\DOCS\LEGAL\1775-PH-1-2-TERRAWEST-LEGAL.docx NW CORNER r N1/4 COR. SEC. 21, SEC. 21, T2N, R2W, TOM ROW. FOUND FOUND BRASS CAP W CAMELBACK RD BRASS CAP FLUSH FLUSH MGUOT N89'55'34"W 2649.10" MCDOT P.0.C. | 2] | $89°55'34"E 1490.16’ > 880.00 |= & Oo] — e he s/2 8 . oO o 4 ” oO oO wo S89°55'34"E 3/8 a NS] ” J - oO 880.00’ lo. | on Oo] fe) —_ N fe Pe) he ms Lu a ) 5 1 23 1 16 2 519 1200 14 20 15.022831 & 5 1 23 1 16 3 1859 1204 38 26 58.906181 uw) 4 1 23 1 17 0 377 1224 1520 44 -1 5 1 23 1 17 1 377 1226 34 42 73.968605 a 5 1 23 1 17 2 525 1224 36 28 0.000000 t 5 1 23 1 17 3 1859 1244 38 12 51.991974 - 4 1 23 1 18 0 373 1254 1085 64 -1 5 1 23 1 18 1 373 1258 40 60 56.998211 ‘aj 5 1 23 1 18 2 519 1254 44 57 11.059885 be 5 1 23 1 18 3 954 1256 236 38 91.204033 TERRAWEST 5 1 23 1 18 4 1216 1254 242 40 96.735771 PROPERTIES 4 1 23 1 19 0 373 1296 1728 82 -1 5 1 23 1 19 1 373 1318 84 48 31.317410 7 5 1 23 1 19 2 1030 1310 194 44 96.304878 4,507,701 5 1 23 1 19 3 1258 1308 122 40 26.451763 SQFT 5 1 23 1 19 4 1853 1296 42 62 95.264084 = 5 1 23 1 19 5 2061 1320 40 58 89.365181 N 4 1 23 1 20 0 369 1351 1528 87 -1 5 1 23 1 20 1 369 1351 40 85 60.523399 in 5 1 23 1 20 2 451 1396 4 38 1.991549 ) 5 1 23 1 20 3 523 1366 34 72 50.839386 © 5 1 23 1 20 4 1048 1364 160 36 96.555260 103.483 5 1 23 1 20 5 1236 1362 128 38 96.358032 ACRES 5 1 23 1 20 6 1853 1366 44 70 38.890705 5 4 1 23 1 21 0 377 1444 1520 56 -1 5 1 23 1 21 1 377 1446 32 44 43.085793 S| 5 1 23 1 21 2 451 1462 54 38 51.157410 lin 5 1 23 1 21 3 523 1444 103 52 22.573093 ~]% 5 1 23 1 21 4 1785 1464 40 30 69.423737 in| 4 1 23 1 22 0 313 1493 1558 33 -1 5 1 23 1 22 1 313 1500 36 26 40.891132 | 5 1 23 1 22 2 377 1496 30 20 38.691406 = 5 1 23 1 22 3 473 1498 32 22 7.603512 = 5 1 23 1 22 4 590 1493 34 32 26.954845 =} 5 1 23 1 22 5 1791 1498 34 20 52.408844 CO] 5 1 23 1 22 6 1859 1506 12 12 42.684540 oe 4 1 23 1 23 0 313 1550 1582 44 -1 5 1 23 1 23 1 313 1550 40 44 0.000000 —_ 5 1 23 1 23 2 473 1550 37 44 31.437321 os 5 1 23 1 23 3 592 1550 37 44 8.433113 nN 5 1 23 1 23 4 1791 1558 34 20 32.334324 Ww} 5 1 23 1 23 5 1857 1552 38 26 32.334324 O 4 1 23 1 24 0 469 1574 1426 41 -1 5 1 23 1 24 1 469 1574 36 41 76.367645 co 5 1 23 1 24 2 592 1575 36 40 55.774567 oo 5 1 23 1 24 3 1789 1582 106 26 29.079918 orn 4 1 23 1 25 0 313 1614 457 70 -1 5 1 23 1 25 1 313 1614 108 70 0.559826 F—-! 5 1 23 1 25 2 457 1656 28 6 12.146225 1.1 5 1 23 1 25 3 612 1628 54 40 20.989265 55’ 5 1 23 1 25 4 692 1628 78 50 73.814865 R/W 4 1 23 1 26 0 309 1684 1173 73 -1 5 1 23 1 26 1 309 1684 38 73 36.068462 ao 5 1 23 1 26 2 489 1708 32 34 23.369761 U1 5 1 23 1 26 3 924 1698 314 44 47.227596 N89°54’11W 2372.35’ r S (5 ml 2 < + = A ° 4 +/ & = oh tu! “—w 1/4 CORNER & stlé& SEC. 21, T2N, R2W, | WN '118 FOUND BRASS CAP | £ | FLUSH MC S1/4 CORNER “| 2 S SEC. 21, T2N, R2W, N FOUND BRASS CAP IN HAND HOLE MC S89°53'55"W 2652.65 GW CORNER SEC, 21, T2N, R2W, FOUND BRASS CAP IN HAND HOLE MC P.0.C.—POINT OF COMMENCEMENT pene P.O.B.—POINT OF BEGINNING PROJ.NO.: 1775 TERRAWEST PARCEL DATE: JAN 2018 PHASE 1 & 2 SCALE: NTS Nwi/4 SEC. 21, T2N, RW |HILGARTWILSON 2141 E. HIGHLAND AVE., STE. 250 DRAWN BY: : JHVD = EXHIBIT B’’ PHOENIX, AZ 85016 CHECKED BY: RAJ P: 602.490.0535 / F: 602.368.2436 SCOPR 2016, HILGARTWILSON, LLC U; \1700\1775\SURVEY\D0CS\1775-PH=1-2-TERRAW.dug 1/29/2018 9:54 AN LINE TABLE LINE NO. | DIRECTION | LENGTH L1 N89°54'11"W | 224.00’ L2 S89°55'34"E | 224.00’ PAGE 4 OF 4 PROJ.NO.: 1775 TERRAWEST PARCEL Migg DATE: JAN 2018 PHASE 1 & 2 SCALE: NTS NW1/4 SEC. 21, T2N, R2W HILGARTWILSON 21.44 E, HIGHLAND AVE., STE. 250 DRAWN BY: - JHVD EXHIBIT ’B” PHOENIX, AZ 85046 CHECKED BY: RAJ P: 602.490.0535 / F: 602.368.2436 = ©COPR 2018, HILGARTWILSON, LLC U:\IT00\1775 1775-PH-1—2-TERRAW.dwg 1/26/2018 3:12 PM EXHIBIT A MOSELEY PARCEL LEGAL DESCRIPTION A portion of land being situated within the Northwest Quarter of Section 27, Township 2 North, Range 2 West of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at the North Quarter corner of said Section 21, said point being a found Maricopa County Department of Transportation (MCDOT) brass cap flush, from which the Northwest corner of said Section 21 being a found MCDOT brass cap flush bears North 89°55'34” West, 2649.10 feet; Thence South 00°12'17” West along the East line of said Northwest Quarter of Section 21, 55.00 feet to a point on the South Line of the North 55.00 feet of said Northwest Quarter of Section 21, said line being the South Right of Way line of West Camelback Road, said point being the POINT OF BEGINNING; Thence continuing South 00°12'17" West along said East line of the Northwest Quarter of Section 21, 500.00 feet to a point on the South line of the North 555.00 feet of said Northwest Quarter of Section 21; Thence North 89°55’34" West along the South line of the North 555.00 feet of said Northwest Quarter, 880.00 feet to a point on the West line of the East 880.00 feet of said Northwest Quarter; Thence North 00°12'17" East along said West line of the East 880.00 feet, 500.00 feet to the South line of the North 55.00 feet of the Northwest Quarter being the South Right of Way line of West Camelback Road; Thence South 89°55'34" East along said South Right of Way line of West Camelback Road, 880.00 feet to the POINT OF BEGINNING. PAGE 1 OF 3 U:\1700\1775\SURVEY\DOCS\LEGAL\1775-PH-3-MOSELEY-LEGAL.docx The above described parcel contains a computed area of 440001 sq. ft. (10.10 acres) more or less and being subject to any easements, restrictions, rights-of- way of record or otherwise. The description shown hereon is not to be used to violate any subdivision regulation of the state, county and/or municipality or any land division restrictions. Prepared by: HILGARTWILSON, LLC 2141 E. Highland Avenue, Suite 250 Phoenix, AZ 85016 Project No. 1775 Date: January 2018 PAGE 2 OF 3 U:\1700\1775\SURVEY\DOCS\LEGAL\1775-PH-3-MOSELEY-LEGAL.docx N1/4 COR. SEC. 21, NW CORNER T2N, R2W, FOUND SEC. 21, T2N, R2W, BRASS CAP FLUSH FOUND BRASS CAP MCDOT P.O.C. FLUSH MCDOT W CAMELBACK RD fo N89°55'34"W 2649.10' | 3 | $89°55'34"E P.0.B. = 880.00’ oe Lid in > Ne a r =s MOSELEY E 2 No 440,001 SQ FT Nea N >8 10.101 ACRES 58 4 o S ) a IK 83 fm 5 N< N89°55'34”W , bi} i 3 = 880.00’ Py ole 2 | 210 2} RK 8\s SS z Ss] 5 W 1/4 CORNER S1/4 CORNER SEC. 21, T2N, R2W, yo SEC. 21, T2N, R2W, FOUND BRASS CAP FOUND BRASS CAP FLUSH MC IN HAND HOLE MC ROBERT A. Pea, / ° 6 AS sonal é NOTA. P.O.C.—POINT OF COMMENCEMENT Pites 3751 P.0.B.-POINT OF BEGINNING PAGE 3 OF 3 PROJ.NO.; 1775 MOSELEY PARCEL Mig DATE: JAN 2018 NORTHWEST 1/4 LL SCALE: NTS SECTION 21, T2N, R2W H ILGARTWI LSON DRAWN BY: JHVD 25 29 PHOENIX, 85016 , = < H IBIT B AZ CHECKED BY: RAJ P: 602.490,0535 / F: 602.368.2436 ©COPR 2018, HILGARTWILSON, LLC U: \7008\1775' 1775-PH-3-MOSELEY.dwg 1 ‘2018 2:50 PM Attachment y 4 WU BEFORE THE ARIZONA CORPORATION COMuvits51UN WN Ww ROBERT “BOB” BURNS — Chairman BOYD DUNN JUN 13 2015 => SANDRA D. KENNEDY JUSTIN OLSON DECKEYRR By LEA MARQUEZ PETERSON ed 2 IN THE MATTER OF THE APPLICATION OF DOCKET NO. SW-01428A-18-0413 LIBERTY UTILITIES (LITCHFIELD PARK WATER & SEWER) CORP. FOR A CERTIFICATE = OF CONVENIENCE AND NECESSITY TO DECISION NO. 77257 PROVIDE WASTEWATER UTILITY SERVICE IN > MARICOPA COUNTY, ARIZONA. OPINION AND ORDER or DATE OF HEARING: April 25, 2019 1) PLACE OF HEARING: Phoenix, Arizona ADMINISTRATIVE LAW JUDGE: Sasha Paternoster 13 Mr. Jay Shapiro, SHAPIRO LAW FIRM, P.C., and Mr. APPEARANCES: Todd Wiley on behalf of Liberty Utilities; 14 Ms. Michele Van Quathem, LAW OFFICES OF 15 MICHELE VAN QUATHEM, PLLC, on behalf of JEN Arizona 28 LLC; and 16 Ms. Robyn Poole and Ms. Bridget Humphrey, Staff 17 Attorneys, Legal Division, on behalf of the Utilities Division of the Arizona Corporation Commission. 18 BY THE COMMISSION: 19 On December 28, 2018, Liberty Utilities (Litchfield Park Water & Sewer) Corp. (“Liberty 20 Utilities”) filed an application with the Arizona Corporation Commission (“Commission”) for a 21 Certificate of Convenience & Necessity (“CC&N”) to provide wastewater utility service to The 22 Landings development located in certain defined portions of Maricopa County, Arizona. 23 On January 8, 2019, a Procedural Order was issued regarding consent to email service. 24 On January 14, 2019, Liberty Utilities filed a Consent to Email Service in this docket. 25 On January 17, 2019, by Procedural Order, Liberty Utilities’ Consent to Email Service was 26 granted. 27 On January 22, 2019, JEN Arizona 28 LLC (“JEN”) filed a Consent to Email Service and a 28 §\SPaternoster\Water & SewerlO&Os\1 804 130&0,docx | DOCKET NO. SW-01428A-18-0413 Motion to Intervene, stating that it is a landowner seeking wastewater utility service from Liberty bb Utilities and that its financial and property interests are directly and substantially impacted by these Ww proceedings. > On January 25, 2019, the Commission’s Utilities Division (“Staff”) filed a Letter of Sufficiency, stating that Liberty Utilities’ application had met the sufficiency requirements as outlined in the Arizona Administrative Code (“A.A.C.”), -~) On that same date, Liberty Utilities filed a Response to JEN’s Motion to Intervene, stating co Liberty Utilities consented to JEN’s intervention. wo On February 1, 2019, by Procedural Order, a hearing was scheduled to commence on April 25, co 2019, and other procedural deadlines were established. 1] Also on that date, by Procedural Order, JEN’s Consent to Email Service was granted. 12 On March 21, 2019, Liberty Utilities filed a Notice of Filing Certification of Publication and 13 Proof of Mailing, stating that notice had been mailed on February 22, 2019, and published on February 14 20, 2019, in the West Valley View, a newspaper of general circulation in the proposed extension area. 15 On March 25, 2019, Staff filed its Staff Report recommending approval with conditions as 16 follows: 17 a) To require Liberty Utilities to charge its existing rates and charges in the 18 proposed extension area; 19 b) To require Liberty Utilities to file with Docket Control, as a compliance item 20 in this docket, a copy of the Approval Of Construction (“AOC”) for The 21 Landings Phase 1, by March 31, 2022: c) To require Liberty Utilities to file with Docket Control, asa compliance item 23 in this docket, documentation demonstrating that the first parcels have been 24 served in The Landings Phase 1, by March 31, 2023: 25 d) To require Liberty Utilities to file with Docket Control, asa compliance item in this docket, within two years of the effective date of an order in this 27 proceeding, a copy of the county franchise agreement for the extension area 28 for wastewater utility service. 2 DECISIONNO. — (77257 DOCKET NO. SW-01428A-18-04 13 On April 5, 2019, JEN filed its Response to Staff Report, requesting an extension of the compliance deadlines, by one year, recommended in the Staff Report due to delays that have altered JEN’s anticipated construction timeline. On April 25, 2019, the hearing in this matter was held as scheduled before a duly authorized Administrative Law Judge of the Commission at its offices in Phoenix, Arizona. Liberty Utilities, JEN, and Staff appeared through counsel and no members of the public appeared to present public comment. The parties presented evidence and testimony during the hearing. At the conclusion of the hearing, the matter was taken under advisement pending submission of a Recommended Opinion and Order to the Commission. 10 * * * * * * # * * Ed Having considered the entire record herein and being fully advised in the premises, the 12 Commission finds, concludes, and orders that: 13 FINDINGS OF FACT 14 Background 15 L Liberty Utilities is an Arizona corporation that provides public water and wastewater 16 utility service in communities within the cities of Litchfield Park, Goodyear, and Avondale. Liberty 17 Utilities also provides services in adjacent unincorporated areas of Maricopa County in the west Phoenix valley, west of the Agua Fria River and north of Interstate Highway 10. Liberty Utilities has 19 approximately 19,000 water customers and approximately 18,000 wastewater customers, | 20 2 Liberty Utilities is owned by Liberty Utilities (Sub) Corp., a Delaware corporation, 21 through its operating subsidiary, Liberty Utilities Co. Liberty Utilities’ ultimate parent, Algonquin Power & Utilities Corp., is a Canadian corporation whose shares are traded on the Toronto Stock 23 Exchange.” 24 3. On December 28, 2018, Liberty Utilities filed an application for an extension of its 25 CC&N to provide wastewater service to The Landings development located in certain defined portions 26 27 ' Exhibit S-1 at 1. 28 ? Ex, S-l atl. 3 DECISION NO. __77257 DOCKET NO. SW-01428A-18-0413 of Maricopa County, Arizona, the legal description of which is set forth in Exhibit A, attached hereto and incorporated by reference. 4. The Landings is bound by North Jackrabbit Trail on the west, Camelback Road on the north, North 1915' Avenue on the east, and is located just north of West Minnezona Avenue on the south, The entire property is located within Section 21 of Township 2 North, Range 2 West, adjacent to Liberty Utilities’ service area at the western end? 5. The proposed extension area is approximately 114 acres and designed to be a residential project to be developed in three phases. JEN owns the parcel of land that contains Phases | and 2, which are expected to contain 223 and 165 homes, respectively. Phase 3’s parcel is owned by 10 Missionary Wings, Inc. and is estimated to contain 35 homes.* ia} 6. Liberty Utilities has received a request for service to provide wastewater service from 12 both JEN and Missionary Wings, Inc. 13 7. The proposed extension area is within Arizona Water Company’s certificated territory, 14 specifically its White Tanks district. As such, Arizona Water Company will be the water provider to The Landings. 16 8. Liberty Utilities’ witness, Benjamin Ronquillo, stated that Liberty Utilities will equip 17 each home with a sewer shut-off valve to terminate service in the event of nonpayment of bills given 18 the separate water and wastewater providers.> 19 Existing/Proposed System 20 9. Liberty Utilities owns and operates the Palm Valley Water Reclamation Facility 21 (“PVWRF”), which has a permitted capacity of 6.55 million gallons per day (“MGD”).® 22 10. According to Staff's Engineering Report, PVWRF experienced a peak flow of 23 approximately 5.5 MGD, or 84 percent of permitted treatment capacity, in November 2018. Staff's 24 Engineering Report determined that the estimated total effluent flow from the CC&N expansion would 25 bring the PVWRF to nearly 86 percent of its current permitted treatment capacity and noted that such 26 > Transcript at 8. 2/7 ‘Ex, S-I at 1. >Tr at 12. 28 © Tr. at 10; Ex. S-], Attachment A at 2. 77297 4 DECISIONNO. DOCKET NO. SW-01428A-18-0413 occurrence should prompt Liberty Utilities to consider the planning and permitting of new capacity.’ Liberty Utilities’ witness, Mr. Ronquillo, testified that Liberty Utilities is in the planning process to expand PVWRF,® as well as a potential site for a future treatment plant.? Staff concluded in its Engineering Report and in testimony that, based on current discharge conditions and permitted capacity, PV WRF has adequate treatment capacity to serve the proposed extension area.'® 11. Liberty Utilities submitted the proposed costs for wastewater facilities needed to serve the requested extension area. Liberty Utilities estimates the total cost of construction for necessary facilities to be $1,189,051.25."! 12, Liberty Utilities proposes to finance the facilities with a combination of contributions 10 via hookup fees, advances in aid of construction, and equity.'? 1] 13, Staff concluded that Liberty Utilities’ proposed costs to construct facilities to serve the 12 extension area is reasonable. However, Staff stated it did not make a “used and useful” determination for the proposed plant and no conclusions should be inferred for ratemaking or rate base purposes." 14 14. Liberty Utilities will charge its existing wastewater rates to it customers in the proposed 15 extension area.! 16 15. According to Staff's Engineering Report, Liberty Utilities has no delinquent 17 Commission compliance items.'* 18 16. Staff's Engineering Report indicated an Arizona Department of Environmental Quality 19 (“ADEQ”) Wastewater Compliance Status Report, dated July 18, 2018, stated that PVWRF was in 20 compliance for the period of April 1, 2018 to June 30, 2018.'¢ 21 23 ? Direct testimony of Matthew Garlick for Liberty Utilities in Rates Application, Docket No, SW-01428A-17-0058 at 28. * The Staff Report and testimony at hearing indicated that PVWRF has a total design capacity of 8.2 MGD. Ex. S-1, Att. 24 Aat 1; Tr, at 28, > Tr: at 11, 25 Ex. S-1, Attachment A at 4; Tr, at 27. Ex. 5 1 10 4 1 2 481 2763 62 32 56.802254 S-1, 5 1 10 4 1 3 557 2763 57 26 92.028267 Att. 5 1 10 4 1 4 641 2761 12 28 46.475163 A 5 1 10 4 1 5 668 2765 25 24 46.475163 at 5 1 10 4 1 6 709 2761 25 28 85.056961 5. 3 1 10 5 0 0 385 2805 229 32 -1 4 1 10 5 1 0 385 2805 229 32 -1 5 1 10 5 1 1 385 2805 20 18 30.746565 2 5 1 10 5 1 2 419 2809 48 28 79.248856 Ex. 5 1 10 5 1 3 481 2807 46 30 70.651489 S-] 5 1 10 5 1 4 547 2813 26 24 92.839607 at 5 1 10 5 1 5 586 2807 28 30 85.129303 2. 3 1 10 6 0 0 385 2851 349 38 -1 4 1 10 6 1 0 385 2851 349 38 -1 5 1 10 6 1 1 385 2851 82 34 63.639282 Bx, 5 1 10 6 1 2 481 2855 62 34 90.451057 S-1, 5 1 10 6 1 3 559 2855 57 28 91.959572 Att. 5 1 10 6 1 4 630 2855 24 28 56.321213 A 5 1 10 6 1 5 668 2859 26 24 56.321213 at 5 1 10 6 1 6 708 2853 26 30 89.692230 5. 3 1 10 7 0 0 385 2897 229 34 -1 4 1 10 7 1 0 385 2897 229 34 -1 5 1 10 7 1 1 385 2897 82 34 61.174042 “Ex. 5 1 10 7 1 2 483 2901 46 30 59.760571 S-L 5 1 10 7 1 3 547 2905 28 26 84.957275 at 5 1 10 7 1 4 588 2901 26 28 80.598602 3, 3 1 10 8 0 0 387 2943 349 38 -1 4 1 10 8 1 0 387 2943 349 38 -1 5 1 10 8 1 1 387 2943 20 20 14.650555 5 5 1 10 8 1 2 419 2949 50 28 79.305275 Ex. 5 1 10 8 1 3 483 2947 60 34 86.236893 S-1, 5 1 10 8 1 4 559 2947 57 30 91.521660 Att. 5 1 10 8 1 5 632 2947 24 28 88.216179 A 5 1 10 8 1 6 670 2949 26 26 88.216179 at 5 1 10 8 1 7 708 2947 28 28 93.282806 6. 3 1 10 9 0 0 387 2991 349 36 -1 4 1 10 9 1 0 387 2991 349 36 -1 5 1 10 9 1 1 387 2991 20 20 38.967876 © 5 1 10 9 1 2 421 2995 48 28 81.548218 Ex, 5 1 10 9 1 3 483 2993 62 34 91.539536 S-1, 5 1 10 9 1 4 559 2993 59 30 92.716270 Att. 5 1 10 9 1 5 632 2993 24 30 95.271851 A 5 1 10 9 1 6 670 2999 26 24 95.597374 at 5 1 10 9 1 7 708 2993 28 30 92.322655 6. 2 1 11 0 0 0 1294 3113 879 42 -1 3 1 11 1 0 0 1294 3113 879 42 -1 4 1 11 1 1 0 1294 3113 879 42 -1 5 1 11 1 1 1 1294 3121 18 34 95.194092 5 5 1 11 1 1 2 1684 3117 221 36 96.309196 DECISION 5 1 11 1 1 3 1921 3117 78 36 80.042664 NO, 5 1 11 1 1 4 2057 3113 116 34 31.015539 _77257 2 1 12 0 0 0 2015 3155 336 7 -1 3 1 12 1 0 0 2015 3155 336 7 -1 4 1 12 1 1 0 2015 3155 336 7 -1 5 1 12 1 1 1 2015 3155 336 7 95.000000 2 1 13 0 0 0 2357 93 28 3106 -1 3 1 13 1 0 0 2357 93 28 3106 -1 4 1 13 1 1 0 2357 93 28 3106 -1 5 1 13 1 1 1 2357 93 28 3106 95.000000 26 27 28