2024-10-11 - PC 1023 -LIBERTY-UTILITIS-FRANCHISE-APPLICATION-PACKET-REV-9-2024.PDF

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Cover Sheet

1. Signed Application
2. Litchfield Park Map

3. Exhibit A-Arroyo & Savannah
Attachment #1- Savannah Legal Description
Attachment #2- Arroyo Legal Description
Attachment #3- Approved Wastewater CC&N

4. Exhibit B-Villas At Litchfield Park
Attachment #1- Legal Description
Attachment #2- Approved Water & Wastewater CC&N

5. Exhibit C- The Base Industrial
Attachment #1-Legal Description
Attachment #2- Approved Wastewater CC&N

6. Beardsley Map

7. Exhibit D- Various Beardsley Service Areas
Attachment #1- Beardsley Legal Description
Attachment #2- Approved Water CC&N for Section 26,27,29,33(TOS5N, RO3W)
Attachment #3- Approved Water CC&N for Vida Del Sol Estates
Attachment #4- Approved Water CC&N for Patton Place Unit 6

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BEFORE THE BOARD OF SUPERVISORS
OF

MARICOPA COUNTY, STATE OF ARIZONA

In the matter of the Application

APPLICATION FOR A
PUBLIC SERVICE
FRANCHISE

of
Liberty Utilities (Litchfield Park
Water & Sewer) Corp.
and Liberty Utilities (Beardsley
Water) 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:

xX] A domestic water distribution system, consisting of pipe lines, meters,

connections and all necessary equipment,

O An irrigation water distribution system, consisting of pipe lines, ditches,

gates and all necessary equipment,

X] A sewage system, consisting of lines, connections, manholes and all

necessary equipment,

im Other — Cable TV, Gas, Telephone, etc. (Describe fully below)

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l,

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.

Il.

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

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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 heari

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 Arizo

ng on this application, or for a period of one (1) year

na 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 04

day of September 9994,

‘Signed by:

Moses Thompson.

BACSEANCBRISAEE.

Signature of officer or authorized representative
9/4/2024

Name: Moses Thompson

Address: Liberty Utilities
14920 W. Camelback Rd,

Litchfield Park, AZ 85340

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Exhibit A Includes all documents to support Liberty Utilities (Litchfield Park Water & Sewer) Corp.

to serve the residents of (Savannah Development and Arroyo Mountain Estates):

Attachments include:
1) Savannah Legal Description
2) Arroyo Legal Description
3) Savannah & Arroyo Mountain Estates CC&N

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Attachment No.1

Legal Description for Savannah

LOTS | THROUGH 319, INCLUSIVE, AND TRACTS A THROUGH 0, INCLUSIVE, OF SAVANNAH,
ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA, RECORDED IN BOOK 754 OF MAPS, PAGE 39, AS NO. 2005-0810388.

A PARCEL OF LAND LYING IN THE WEST HALF OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 2 WEST
OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY AS
FOLLOWS:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 15, FROM WHICH THE
SOUTHWEST CORNER OF SAID SECTION 15 BEARS SOUTH O DEGREES 13 MINUTES 05 SECONDS
WEST, A DISTANCE OF 2637.32 FEE, SAID QUARTER CORNER BEING THE TRUE POINT OF BEGINNING:
THENCE, NORTH O DEGREES 12 MINUTES 51 SECONDS EAST ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 15, DISTANCE OF 1318.88 FEET; THENCE NORTH 89
DEGREES 54 MINUTES 22 SECONDS EAST, A DISTANCE OF 2625.99 FEET TO A POINT ON THE
NORTH/SOUTH MID-SECTION LINE OF SAID SECTION 15;

THENCE SOUTH O DEGREE 09 MINUTES 26 SECONDS WEST, ALONG SAID MID-SECTION LINE, A
DISTANCE OF 2639.44 FEET;

THENCE SOUTH 89 DEGREE 56 MINUTES 52 SECONDS WEST, A DISTANCE OF 2631.70 FEET TOA
POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15;

THENCE NORTH O DEGREE 13 MINUTES 05 SECONDS EAST, A DISTANCE OF 1318.66 FEET TO THE
TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 6,939,998 SQUARE FEET (159.32 ACRES)

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Attachment No.2

Legal Description for Arroyo Mountain Estates
(Formally Known as Jackrabbit Estates)

LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 2 NORTH,
RANGE 2 WEST, EXCEPT THE NORTH 162 FEET AND EXCEPT 287 FEET, OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, AZ

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Attachment 3 of Exhibit A

] BEFORE THE ARIZONA CORPORATION COMMISSION

2 | COMMISSIONERS

3 | LEA MARQUEZ PETERSON- CHAIRWOMAN
SANDRA D. KENNEDY

4 | JUSTIN OLSON

ANNA TOVAR

5 | JIM O'CONNOR

6

IN THE MATTER OF THE APPLICATION OF
7 | LIBERTY UTILITIES (LITCHFIELD PARK
8
9

OF CERTIFICATE OF CONVENIENCE AND
NECESSITY TO PROVIDE WASTEWATER

MOUNTAIN ESTATES DEVELOPMENT.

WATER & SEWER) CORP. FOR AN EXTENSION

UTILITY SERVICE TO INCLUDE THE ARROYO

ECMO

0000206867

Arizona Corporation Commission

DOCKETED
MAY 27 2022

DOCKET NO. SW-01428A-21-0402

10
IN THE MATTER OF THE APPLICATION OF DOCKET NO, SW-01428A-21-0403
1 | LIBERTY UTILITIES (LITCHFIELD PARK
WATER & SEWER) CORP. FOR AN EXTENSION
12 | OF CERTIFICATE OF CONVENIENCE AND
NECESSITY TO PROVIDE WASTEWATER DECISION NO. 78565
13 | UTILITY SERVICE TO INCLUDE THE
14 SAVANNAH DEVELOPMENT. OPINION AND ORDER
15 DATE OF HEARING: April 11, 2022
16 PLACE OF HEARING: Phoenix, AZ
17 ADMINISTRATIVE LAW JUDGE: Charles H. Hains
APPEARANCES: Ms. Kelly A. Daly and Ms. Paloma Diaz, SNELL
18 & WILMER L.L.P., and Ms. Judy Jenkins
Hitchye, Director of Legal Services, Liberty
19 Utilities (Litchfield Park Water & Sewer) Corp.
20 on behalf of the Applicant;
Mr. Jeffrey W. Crockett, CROCKETT LAW
al GROUP, PLLC, on behalf of intervenors Arroyo
Mountain Estates Homeowners Association and
22 Savannah Homeowners Association; and
23 Ms. Samantha Egan, Staff Attorney, Legal
Division, on behalf of the Utilities Division of the
24 Arizona Corporation Commission
25 | BY THE COMMISSION:
26 Having considered the entire record herein and being fully advised in the premises, the Arizona
27 | Corporation Commission (“Commission”) finds, concludes, and orders that:

28

SACHains Water-SewenOrdersi\CC& N12 104 02etal - Liberty\2 10402ROO.docx 1

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DOCKET NO. SW-01428A-21-0402 et al.

FINDINGS OF FACT

I. On December 20, 2021, Liberty Utilities (Litchfield Park Water & Sewer) Corp.
(‘Liberty Utilities” or “Company”) filed an application with the Commission in Docket No. SW-
01428A-21-0402 for an extension of its Certificate of Convenience and Necessity (“CC&N”) to
provide wastewater utility service to include the Arroyo Mountain Estates development (“Arroyo
Docket”).

2. On the same date, Liberty Utilities filed an application with the Commission in Docket
No. SW-01428A-21-0403 for an extension of its CC&N to provide wastewater utility service to include
the Savannah development (“Savannah Docket”).

3. On January 4, 2022, the Company filed an amendment to its application in the Arroyo
Docket.

4, On the same date, a Procedural Order regarding consent to email service was filed in
the Arroyo and Savannah Dockets.

5. On January 7, 2022, Arroyo Mountain Estates Homeowners Association (‘Arroyo
HOA”) filed an Application to Intervene in the Arroyo Docket.

6. On January 18, 2022, Liberty Utilities filed an amendment to its application in the
Savannah Docket.

7. On the same date, Savannah Homeowners Association (“Savannah HOA”) filed an
Application to Intervene in the Savannah Docket.

8. On January 19, 2022, the Commission’s Utilities Division (“Staff”) filed a Letter of
Sufficiency in the Arroyo Docket and in the Savannah Docket stating that Staff had determined that
minimum sufficiency requirements as outlined in applicable sections of the Arizona Administrative
Code (“A.A.C.”) R14-2-602 (Wastewater Rules) have been met in the respective applications.

9. On January 25, 2022, by Procedural Order, Savannah HOA was granted intervention
and a hearing was scheduled to commence on April 4, 2022, and other procedural deadlines were
established in the Savannah Docket.

10. On January 27, 2022, by Procedural Order, Arroyo HOA was granted intervention and

a hearing was scheduled to commence on April 6, 2022, and other procedural deadlines were

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DECISION NO.__78565__

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established in the Arroyo Docket.

Il. On the same date, the Company filed an amendment to its application in the Arroyo
Docket.

12. On January 28, 2022, Liberty Utilities filed Motion to Consolidate Proceedings in the
Arroyo and Savannah Dockets on the basis that the applications are inextricably linked and the
proposed extension areas will be served by common facilities. The Company also asserted that
consolidation of the proceedings would produce administrative efficiencies.

13. On January 31, 2022, Arroyo HOA filed a Joinder in the Motion to Consolidate in the
Arroyo Docket.

14. On the same date, Savannah HOA filed a Joinder in the Motion to Consolidate in the
Savannah Docket.

15. On the same date, Liberty Utilities filed a second Motion to Consolidate Proceedings in
both the Arroyo and Savannah Dockets providing the same bases as set out in the Company’s January
28, 2022, Motion to Consolidate Proceedings, with the additional representation that the Company had
consulted with counsel for Staff and the Arroyo and Savannah HOAs, respectively, and that no party
objects to the proposed consolidation.

16. On February 1, 2022, by Procedural Order, Docket Nos. SW-01428A-21-0402 and SW-
01428A-21-0403 were consolidated, a hearing was also set to commence on April 11, 2022, and other
procedural deadlines were established.

17, On the same date, the Company filed an Amendment to the Applications.

18. On February 2, 2022, the Company filed an Amendment to the Arroyo Application.

19, On March 15, 2022, the Company filed a Notice of Filing Direct Testimony.

20. On March 18, 2022, Liberty Utilities filed a Notice of Filing Certification of Publication
and Mailing indicating that on December 31, 2021, it mailed notice of the Applications to surrounding
municipalities, that on February 16, 2022, it published the Public Notice of Hearing in the West Valley
View News, and on February 24, 2022, mailed the Public Notice of Hearing to each real property owner
in each of the Arroyo Mountain Estates and Savannah developments.

21. On March 28, 2022, Staff filed its Staff Report recommending approval of the

3 DECISION NO. 78565

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DOCKET NO. SW-01428A-21-0402 et al.

Applications with conditions,

22, On April 5, 2022, Liberty Utilities filed a Response to Staff Report.

23. On April 7, 2022, Staff filed a Notice of Filing List of Exhibits.

24, On the same date, Savannah HOA filed a Notice of Filing Witness Summaries.

25. On April 8, 2022, Staff filed a Notice of Filing Updated List of Exhibits.

26. On the same date, Liberty Utilities filed List of Exhibits.

27. On April 11, 2022, the hearing was held as scheduled. Liberty Utilities, the Savannah
and Arroyo HOAs, and Staff were represented by counsel. No members of the public came forward to
offer public comment concerning the Applications.

28. On the same date, Arroyo HOA and Savannah HOA filed HOA’s Notice to Residents
of Hearing with attached copies of notices identified at hearing as Late Filed Exhibits Arroyo-1 and
Savannah-1.

Background

29. Liberty Utilities is a Class A public service corporation that provides water and
wastewater service to portions of Maricopa County, Arizona. The Company has been authorized to
provide wastewater service since it was first certificated in Decision No. 28661 (January 14, 1955).
The Company’s service territory comprises approximately 20 square miles located roughly west of the
Agua Fria River, between Luke Air Force Base and Interstate Highway 1-10. The Company currently
serves approximately 19,849 wastewater customers.

30. The Company’s wastewater treatment system includes the Palm Valley Wastewater
Reclamation Facility (“WRF”) which has an authorized treatment capacity of 6.55 Million Gallons per
Day (“MGD”) and an available capacity of 5.1 MGD, The Palm Valley WRF produces A+ effluent
that is discharged into the Liberty Aquifer Replenishment Facility, the Roosevelt Irrigation District, or
reused under a valid water reclamation permit. Palm Valley WRF is also interconnected with City of
Goodyear’s 157th Avenue Water Reclamation Facility in an arrangement that permits flows in either
direction.

31. Liberty Utilities’ system also includes the Liberty Aquifer Replenishment Facility, and

a treatment system comprised of pumps, influent screens, two vortex grit removal units, an influent

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equalization basin, three sequential batch reactors (“SBR”), surge tanks, filter feed pumps, cloth media
disc filters, effluent discharge pumps, three ultraviolet disinfection units, four sludge holding tanks,
and two centrifuges for sludge dewatering. Two of the SBR basins will be adapted into a sludge holding
tank and a surge tank.

32. The collection systems within the proposed extension areas are connected to the
Company’s wastewater system via the existing Northwest Sewer Main (“NSM”). The NSM extends
approximately 6.5 miles from the extension areas to the Sarival Lift Station and from there to the Palm
Valley WRF. Arroyo HOA currently owns a 5.7-percent share in NSM’s capacity for approximately
52,480 Gallons Per Day (“GPD”) and Savannah HOA owns an approximate 5.2-percent share in the
NSM's capacity for approximately 49,600 GPD. Upon approval of the requested extension requests,
the Arroyo and Savannah HOAs’ ownership interests in the NSM’s capacity will transfer to Liberty
Utilities.

33. All of the infrastructure to serve the extension areas has been previously constructed
and is in use. There are no further facilities necessary for the Company to provide service to the
extension areas. Liberty Utilities will pay the Arroyo and Savannah HOAs $300,000 each for their
wastewater collection infrastructure and capacity shares in the NSM.

34. During the peak month of December in 2020, the Company reported receiving
149,827,000 gallons of flows at Palm Valley WRF. The peak daily flow was 5,169,000 gallons or
approximately 260 GPD per customer connection. Because both proposed extension areas are fully
built out and Liberty Utilities is already processing flows received from the Arroyo and Savannah
HOAs, the addition of the proposed extension areas will not increase the received flows into the
Company's wastewater system. Staff's analysis indicates that Liberty Utilities’ wastewater system has
adequate capacity to serve existing customers and reasonable growth,

35. According to an Arizona Department of Environmental Quality (*ADEQ”) Compliance
Status Report (“CSR”) dated December 1, 2021, Liberty Utilities’ Palm Valley WRF was compliant
with the requirements of its Aquifer Protection Permit from the period between October 1, 2020,
through September 30, 2021. However, an ADEQ CSR dated January 19, 2022, noted that the Palm

Valley WRF is currently not in compliance with its Arizona Pollution Discharge Elimination System

5 DECISION No, __ 78565

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(“AZPDES”) permit due to discharge exceedances. ADEQ has issued a Notice of Opportunity to
Correct the noncompliance. Staff recommends that the Company be ordered to file, as a compliance
item in this docket, an updated ADEQ CSR indicating that Palm Valley WRF is in compliance within
one year of the effective date of a Decision in this proceeding.

36. Staff reported that Liberty Utilities has no delinquent Commission-related compliance
requirements.

37. The Company has an approved wastewater hook-up fee tariff on file with the
Commission.

Application :

38. The Applications were made in compliance with Decision No. 76799 (August 15,
2018), the Company’s 2017 rate case, which directed Liberty Utilities to pursue agreements for the
extension of its service territory to include the Savannah and Arroyo Mountain Estates developments.
Both developments are fully built out residential developments and consist of 319 and 339 homes,
respectively. The proposed CC&N extension areas comprise approximately 140.83 acres located along
the northern side of West Camelback Road, west of N. Perryville Road (Arroyo Mountain Estates) and
159.3 acres located along the eastern side of North Perryville Road, between Camelback Road and
Bethany Home Road, both in Litchfield Park, Maricopa County, Arizona.

39. The wastewater collection systems for the developments are owned by Savannah HOA
and Arroyo HOA, respectively, and Liberty Utilities accepts and treats the wastewater produced within
the areas subject to Bulk Wastewater Treatment Agreements executed between the Company and each
of the HOAs. Copies of the Agreements are attached to the corresponding applications.

40. Revenues derived from the Bulk Wastewater Treatment Agreements and third party
contributed capital that funded the construction of wastewater treatment capacity had been erroneously
classified as unregulated revenues through two prior rate cases before they were properly identified in
Decision No. 76799. In addition to ordering a bill credit to customers to make them whole for the
impacts of the years of unrecorded revenues derived from the Bulk Wastewater Treatment Agreements

as well as carrying costs on over-collected revenues due to the previously unrecorded contributed

5
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capital ', the Company was also ordered to pursue discussions with the Savannah and Arroyo HOAs to
extend Liberty Utilities’ CC&N to include the two HOAs.

41. The applications to extend Liberty Utilities’ CC&N to include the Savannah and Arroyo
Mountain Estates developments are the result of those efforts.

Staff Recommendations

42. Staff recommends that the Commission approve Liberty Utilities’ Applications for
extensions of its CC&N to include the Arroyo Mountain Estates and Savannah Developments subject
to the following conditions:

a. That the Company file, as a compliance item in this docket, a description of the
total percentage/allotted capacity of the Northwest Sewer Main that is owned
and/or operated by Litchfield Park, within six months of the effective date of
Decision in this proceeding.

b. Staff further recommends that the Company be required to file with Docket
Control, as a compliance item in this docket, and within six months of the
effective date of a Decision in this proceeding, a report documenting the
percentage of ownership and the date acquired of the Northwest Sewer Main and
will continue to docket any changes in percentage of ownership of the Northwest
Sewer Main within sixty days of any changes.

c. That the Company file, as a compliance item in this docket, an updated ADEQ
Compliance Status Report indicating that the Palm Valley WRF is compliance,
within one year of the effective date of a Decision in this proceeding.

d. That the Commission approve the Company’s extension of its wastewater
CC&N to include the Arroyo and Savannah HOAs currently being served in the
Company’s service territory; and

e. That Liberty Utilities be required to charge its existing rates and charges in the

proposed extension area.

' Because contributed capital depresses the amount of rate base upon which a utility earns a return, the omission of the
contributed capital resulted in an overstated rate base in the prior rate cases.

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DOCKET NO. SW-01428A-21-0402 et al.

43, | The Company expressed concerns that Staff Recommendation (c) will pose compliance
tracking difficulties because the ongoing compliance filing requirement will shift with each change in
ownership percentage. Liberty Utilities suggests the identification of a fixed reporting interval instead
of a moving compliance target.

44, Liberty Utilities also observed that Staff Recommendations (a) and (b) express capacity
ownership interests in the NSM in terms of percentages. The Company asserts that percentages can
be misconstrued because they are only accurate as of the date they are identified and could change due
to transfers of ownership shares between the other owners of the NSM. The Company recommends
expressing the ownership interests in GPD instead of percentages.

45. Finally, the Company seeks clarification regarding Staff Recommendation (e) to the
effect that Liberty Utility will be required to charge its approved tariff rates in the proposed extension
areas,

46. In response to the Company’s concerns, Staff revised its recommendations to
consolidate Recommendations (a) and (b) into a new Recommendation (a) to instead require:

a. That Staff and the Company work on the method and structure for the
Company's report documenting the total ownership percentages and allocated
capacity in gallons per day for each owner, ownership type and other capacity
and the date of any newly acquired ownership of the Northwest Sewer Main

using the following sample format

Owner's Main Capacity | Beneficiary Other Total in gpd
name or | (Ownership) | Capacity Capacity for
Other in gpd (Ownership) | sale in gpd

in gpd
Totals — in | 1,837,325 175,715 1,899,920 3,912,960
gpd

and will continue to file an update with Docket Control] as a compliance item in

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this docket, on an annual (calendar year) basis by April 15th of the following
year;

47. Staff further explained that its Recommendation (e) is standard language used in all
CC&N extension matters. Upon questioning, Staff witness Ms. Hunsaker confirmed that Staff's
recommendation means that the Company would charge its approved tariff rates within the CC&N
extension areas.

48. | The Company stated in closing that with Staffs revision to Recommendations (a) and
(b), and the clarification of Recommendation (e), Liberty Utilities has no objections to the Staff
recommendations, as revised.

49. Staff's Revised Recommendation (a) and Recommendations (c), (d), and (e) are
reasonable, appropriate, and should be adopted.

CONCLUSIONS OF LAW

I. Liberty Utilities (Litchfield Park Water & Sewer) Corp. is a public service corporation
within the meaning of Article XV of the Arizona Constitution and A.R.S. §§ 40-281 and 40-282.
2: The Commission has jurisdiction over Liberty Utilities (Litchfield Park Water & Sewer)

Corp. and the subject matter of the applications.

3. Notice of the applications was provided in accordance with the law.
4, There is a public need and necessity for wastewater service in the proposed extension
areas.
5, Staff's recommendations, as discussed herein, are reasonable and should be adopted.
ORDER

IT IS THEREFORE ORDERED that the applications of Liberty Utilities (Litchfield Park Water

& Sewer) Corp. to extend its Certificate of Convenience and Necessity to provide wastewater utility

Is ae

24 [service to the Arroyo Mountain Estates and Savannah Developments, descriptions of which are

attached hereto and incorporated herein as Attachment Nos. 1 and 2, respectively, are approved.
IT IS FURTHER ORDERED that Liberty Utilities (Litchfield Park Water & Sewer) Corp. shall
by April 15, 2023, file with Docket Control, in this docket, a report documenting the total ownership

percentages and allocated capacity in gallons per day for each owner, ownership type and other capacity

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and the date of any newly acquired ownership of the Northwest Sewer Main and will, on a continuing
basis, file an update with Docket Control as a compliance item in this docket annually, by April 15th
of the following year.

IT IS FURTHER ORDERED that Liberty Utilities (Litchfield Park Water & Sewer) Corp. shall
file, as a compliance item in this docket, an updated Arizona Department of Environmental Quality
Compliance Status Report indicating that the Palm Valley Wastewater Reclamation Facility is in
compliance, within one year of the effective date of this Decision.

IT IS FURTHER ORDERED that Liberty Utilities (Litchfield Park Water & Sewer) Corp. shall
charge its existing rates and charges in the proposed extension areas.

IT IS FURTHER ORDERED that this Decision shall become effective immediately.

BY ORDER OF THE ARIZONA CORPORATION COMMISSION.

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CHAIRWOMAN MARQUEZ PETERSON @OMMISSIONER nab)

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ISSIONER von | “COMMISSIONER TOVAR 4OMMISSIONER O°'CONNOR

IN WITNESS WHEREOF, I, MATTHEW J. NEUBERT,
Executive Director of the Arizona Corporation Commission,
have hereunto set my hand and caused the official seal of the

Commissi e affixed at the Wry in the City of Phoenix,
this *) wi day of L 2022.

MATTHEW XK NEUBERT
EXECUTIVE DIRECTOR

DISSENT

DISSENT
CHH/ec

10 DECISION No, __78565

Docusign Envelope ID: C399B6EE-11AB-404A-A58E-3C016774F028

SERVICE LIST FOR: LIBERTY UTILITIES (LITCHFIELD PARK WATER
& SEWER) CORP.

DOCKET NO.: SW-01428A-21-0402 and SW-01428A-21-0403

Kelly A. Daly

Paloma Diaz

SNELL & WILMER L.L.P.

One Arizona Center

400 E. Van Buren, Suite 1900

Phoenix, AZ 85004-2202

Attorneys for Liberty Utilities (Litchfield Park Water & Sewer) Corp.

Judy Jenkins Hitchye
LIBERTY UTILITIES
14920 W. Camelback Road

Litchfield Park, AZ 85340
Attorney for Liberty Utilities (Litchfield Park Water & Sewer) Corp.

Jeffrey W. Crockett

CROCKETT LAW GROUP, PLLC

2198 E. Camelback Road, Suite 305

Phoenix, AZ 85016

Attorney for Arroyo Mountain Estates Homeowners Association
and Savannah Homeowners Association
jeffiajeffcrockettlaw.com

Consented to Service by Email

Robin Mitchell, Director

Legal Division

ARIZONA CORPORATION COMMISSION
1200 West Washington Street

Phoenix, AZ 85007

LegalDiv@azce.gov
utildivservicebyemail@azcc.gov

Consented to Service by Email

I DECISION NO. 78865

Docusign Envelope ID: C399B6EE-11AB-404A-A58E-3C016774F028

DOCKET NO. SW-01428A-21-0402 et al.

Attachment No. 2

“Exhibit A”

A PARCEL OF LAND LYING IN THE WEST HALF OF SECTION 15, TOWNSHIP 2
NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 15,
FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 15 BEARS
SOUTH 0 DEGREES 13 MINUTES 05 SECONDS WEST, A DISTANCE OF 2637.32
FEET, SAID QUARTER CORNER BEING THE TRUE POINT OF BEGINNING;

THENCE NORTH 0 DEGREES 12 MINUTES 51 SECONDS EAST ALONG THE
EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15, A

DISTANCE OF 1318.88 FEET,
THENCE NORTH 89 DEGREES 54 MINUTES 22 SECONDS EAST, A DISTANCE

OF 2628,99 FEET TO A POINT ON THE NORTH/SOUTH MID-SECTION LINE OF
SAID SECTION 15;

THENCE SOUTH 0 DEGREES 09 MINUTES 26 SECONDS WEST, ALONG SAID
MID-SECTION LINE, A DISTANCE OF 2639.44 FEET;

THENCE SOUTH 89 DEGREES 56 MINUTES 52 SECONDS WEST, A DISTANCE
OF 2631.70 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 15;

THENCE NORTH 0 DEGREES 13 MINUTES 05 SECONDS EAST, A DISTANCE OF
1318.66 FEET TO THE TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 6,939,998 SQUARE FEET (159.32 ACRES).

SHEET | OF 2

DECISION No, ___ 78565