THE STATE OF
APPLICATION NOS. 31527-G AND
31528-5
APPLICATIONS OF
SERVICE CO. FOR RETAIL WATER
AND SEWER RATE/TARIFF
CHANGES
IN
CCN NOS. 11189 AND 20718 CONSERVATION
COMMISSION
Applications by Davis Bayou Service Co. for
increases in retail water and sewer rates in
Davis Bayou Service Co. provides
water and sewer services in
On
Sylvia McClellan, an
administrative law judge of the State Office of Administrative Hearings,
conducted a preliminary hearing on October 7, 1997, and designated the
following parties: Davis Bayou Service
Co. represented by Marc Hinchey; the Executive Director of the Commission; and
the Public Interest Counsel of the Commission.
After informal negotiations, the
designated parties negotiated a settlement, and the matter was remanded to the
Commission for approval by the Executive Director on
The rate structure agreed to by
the designated parties, to be effective October 1, 1997, is just, reasonable
and adequate to allow the utility to recover costs of providing water and sewer
service, as required by Section 13.182 and 13.183 of the Code. Attached are tariffs reflecting the agreed
upon rates.
NOW,
THEREFORE, BE IT ORDERED BY THE
1. Rate increases for Davis
Bayou Service Co. be approved as listed on the
attached rate tariff pages and shall be effective
2. Davis Bayou Service Co.
shall take the following action:
a) Remove the grit/sand at the
bottom of the aeration basin within six (6) months of the issuance of this
Order;
b) Comply with all the permit
limitations upon issuance of this Order; and
c) Maintain separate usage
records for residential and on-residential purposes including separate records
for water and sewage usage.
3. Unless previously provided,
Davis Bayou Service Co. shall provide written notice of the final rate structure
approved in this proceeding to all affected customers with the next billing
cycle after issuance of this Order.
The
Chief Clerk of the Texas Natural Resource Conservation Commission shall forward
a copy of this Order and tariff to the parties.
If any provision, sentence,
clause, or phrase of this Order is for any reason held to be invalid, the
invalidity of any portion shall not affect the validity of the remaining
portions of the Order.
Issued Date:
For the Commission
WATER UTILITY TARIFF
FOR
Davis
Bayou Service Co.
(Utility
Name) (Business
Address)
(City,
State, Zip Code) (Area
Code/Telephone)
This
tariff is effective for utility operations under the following Certificate(s)
of convenience and Necessity:
11189
This
tariff is effective in the following county:
This
tariff is effective in the following cities or unincorporated towns (if any):
None
This
tariff is effective in the following subdivisions or systems:
TABLE OF CONTENTS
The above utility lists the following sections of its tariff. (if additional pages are needed for a section, all pages should be numbered consecutively):
SECTION
1.0 RATE
SCHEDULE
2.0 SERVICE
RULES
3.0 EXTENSION
POLICY
4.0 WATER
RATIONING PLAN
SECTION 1.0 – RATE SCEHDULE
WATER TARIFF
Section 1.01 – Rates
Monthly Minimum Charge
Meter
Size Gallonage Charge
5/8”
or ľ” $9.00 $
0.00_
Flat
Rate per 1000 gallons same for
All
meter sizes
REGULATORY ASSESSMENT . . . . . . . . . . . . . . .
. . . . . . . _____1.0%
A
REGULATORY ASSESSMENT, EQUAL TO ONE PERCENT OF THE CHARGE FOR RETAIL
WATER SERVICE ONLY, SHALL BE COLLECTED FROM EACH
RETAIL CUSTOMER.
Section 1.02 – Miscellaneous Fees
TAP FEE . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . $__200.00_
THE
TAP FEE IS BASED ON THE AVERAGE OF THE UTILITY’S ACTUAL COST FOR MATERIALS
AND LABOR FOR STANDARD RESIDENTIAL CONNECTION OF
5/8” OR ľ” METER.
THE
RECONNECT FEE WILL BE CHARGED BEFORE SERVICE CAN BE RESTORED TO A
CUSTOMER WHO HAS BEEN DISCONNECTED FOR THE FOLLOWING
REASONS:
a) Non payment of bill (Maximum
$25.00) . . . . . . . . . . . . . . $___25.00_
b) Customer’s request . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . $____0.00_
OR OTHER REASONS LISTED UNDER
SECTION 2.0 OF THIS TARIFF
TRANSFER FEE . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . $___20.00_
THE TRANSFER FEE WILL BE CHARGED
FOR CHANGING AN ACCOUNT NAME AT THE SAME
SERVICE LOCATION WHERE THE
SERVICE IS NOT DISCONNECTED.
LATE CHARGE . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . $2.00 or 5%
A ONE TIME PENALTY MAY BE
MADE ON DELINQUENT BILLS BUT MAY NOT BE APPLIED
TO ANY BALANCE TO WHICH THE
PENALTY WAS APPLIED IN A PREVIOUS BILLING.
RETURNED CHECK CHARGE . . .
. . . . . . . . . . . . . . . . . . . $___20.00_
CUSTOMER DEPOSIT (Maximum
$50) . . . . . . . . . . . . . . . .
$____0.00_
RATES LISTED ARE EFFECTIVE ONLY IF THIS
PAGE HAS TNRCC APPROVAL STAMP
SECTION 1.0 – RATE SCEHDULE
SEWER TARIFF
Section 1.01 – Rates
For the first 2,000 gallons
per month . . . . . . . . . . . . . . . . . . . . . . . . . $__14.00_
For each additional 1,000
gallons per month . . . . . . . . . . . . . . . . . . . $___2.00_
VOLUME
CHARGES ARE DETERMINED BASED ON AVERAGE CONSUMPTION FOR WINTER
PERIOD
WHICH INCLUDES THE FOLLOWING MONTHS: JANUARY, FEBRUARY AND MARCH
REGULATORY
ASSESSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . _____1.0%
A
REGULATORY ASSESSMENT, EQUAL TO ONE PERCENT OF THE CHARGE FOR RETAIL
SEWER SERVICE ONLY, SHALL BE COLLECTED FROM EACH
RETAIL CUSTOMER.
Section 1.02 – Miscellaneous Fees
TAP FEE . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . $__200.00_
THE
TAP FEE IS BASED ON THE AVERAGE OF THE UTILITY’S ACTUAL COST FOR MATERIALS
AND LABOR FOR STANDARD RESIDENTIAL CONNECTION OF 5/8”
OR ľ” METER.
THE
RECONNECT FEE WILL BE CHARGED BEFORE SERVICE CAN BE RESTORED TO A
CUSTOMER WHO HAS BEEN DISCONNECTED FOR THE FOLLOWING
REASONS:
c)
Non payment of bill (Maximum
$25.00) . . . . . . . . . . . . . . . . . . . . $___25.00_
d)
Customer’s request . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $____0.00_
OR OTHER REASONS LISTED UNDER
SECTION 2.0 OF THIS TARIFF
TRANSFER FEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . $___20.00_
THE TRANSFER FEE WILL BE
CHARGED FOR CHANGING AN ACCOUNT/ NAME AT THE SAME
SERVICE LOCATION WHERE THE
SERVICE IS NOT DISCONNECTED.
LATE CHARGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . $2.00 or 5%
A ONE TIME PENALTY MAY BE
MADE ON DELINQUENT BILLS BUT MAY NOT BE APPLIED
TO ANY BALANCE TO WHICH THE
PENALTY WAS APPLIED IN A PREVIOUS BILLING.
RETURNED CHECK CHARGE . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . $___20.00_
CUSTOMER DEPOSIT (Maximum $50) . . . . . . . . . . . . . . . . . . . .
. . $____0.00_
GRINDER STATION FEE (Maximum) . . . . . . . . . . . . . . . . . . . . .
. . . $_1,800.00_
WHEN CONNECTING TO A PRESSURE
MAIN, A GRINDER LIFT OR PRESSURE STATION
WILL BE INSTALLED BY THE UTILITY COMPANY, GRINDER STATION FEE IS LIMITED TO THE
AVERAGE OF THE UTILITY COMPANY’S ACTUAL COST FOR MATERIAL AND LABOR FOR
STANDARD RESIDENTIAL CONNECTIONS, A MAXIMUM OF $1,800 FOR ANY SINGLE FAMILY
RESIDENTIAL UNIT. COMMERCIAL CUSTOMERS,
SIMILARLY AT COST, BUT WITH NO MAXIMUM.
RATES LISTED ARE EFFECTIVE ONLY IF THIS
PAGE HAS TNRCC APPROVAL STAMP
SECTION 2.0 – SERVICE RULES
AND REGULATIONS
Section 2.01 – Texas Natural Resource Conservation
Commission Rules
The utility will have the most current Texas Natural Resource Conservation Commission Rules, Chapter 291, Water Rates, available at its office for reference purposes. The Rules and this tariff shall be available for public inspection and reproduction at a reasonable cost. The latest Rules or Commission approved changes to the Rules supersede any rules or requirements in this tariff.
Section 2.02 – Application for and Provision of Water Service
All applications for service will be made on the utility’s standard application or contract form (attached in the Appendix to this tariff) and will be signed by the applicant before water service is provided by the utility. A separate application or contract will be made for each service location.
After
the applicant has met all the requirements, conditions and regulations for
service, the utility will install a tap, meter and utility cut-off valve and/or
take all necessary actions to initiate service.
The utility will serve each qualified applicant for service within 5
working days unless line extensions or new facilities are required. If construction is required to fill the order
and if it cannot be completed within 30 days, the utility will provide the
applicant with a written explanation of the construction required and an
expected date of service.
Where
service has previously been provoked, service will be reconnected within one
working day after the applicant has met the requirements for reconnection.
The
customer will be responsible for furnishing and laying the necessary customer
service pipe from the meter location to the place of consumption. Customers may be required to install a
customer owned cut-off valve on the customer’s side of the meter or connection.
Section 2.03 – Refusal of Service
The
utility may declines to serve an applicant until the applicant has complied
with the regulations of the regulatory agencies (state and municipal
regulations) and for the reasons outlined in the TNRCC Rules. In the event that the utility refuse to serve
an applicant, the utility will inform the applicant in writing of the basis of
its refusal. The utility is also
required to inform the applicants that the complaint may be filed with the
Commission.
Section 2.04 – Customer Deposits
If a residential applicant cannot establish credit to the satisfaction of the utility, the applicant may be required to pay a deposit as provided for in Section 1.02 of this tariff. The utility will keep records of the deposit and credit interest in accordance with TNRCC Rules.
Residential
applicant 65 years of age or older may not be required to pay deposits unless
the applicant has an outstanding account balance with the utility or another
water or sewer utility which accrued within the last two years.
Non
residential applicants who cannot establish credit to the satisfaction of the
utility may be required to make a deposit that does not exceed an amount
equivalent to one-sixth of the estimated annual billings.
Refund
of deposit – If service is not connected, or after disconnection of service,
the utility will promptly refund the customer’s deposit plus accrued interest
or the balance, if any, in excess of the unpaid time prior to termination of
utility service but must refund the deposit plus interest for any customer who
has paid 18 consecutive billings without being delinquent.
Section 2.05 – Meter Requirements, Readings and Testing
All water sold by the utility will be billed based on meter measurements. The utility will provide, install, own and maintain meters to measure amounts of water consumed by its customers. One meter is required for each residential, commercial or industrial facility in accordance with the TNRCC Rules.
Service
meters will be read at monthly intervals and as nearly as possible on the
corresponding day of each monthly meter-reading period unless otherwise
authorized by the Commission.
Meter
tests. The utility will, upon the
request of a customer, and, if the customer so desires, in his or her presence
or in that of his or her authorized representative, make without charge a test
of the accuracy of the customer’s meter.
If the customer asks to observe the test, the test will be made during
the utility’s normal working hours at a time convenient to the customer. Whenever possible, the test will be made on
the customer’s premises, but may, at the utility’s discretion, be made at the
utility’s testing facility. If within a
period of two years the customer requests a new test, the utility will make the
test, but if the meter is found to be within the accuracy standards established
by the American Water Works Association, the utility will charge the customer a
fee which reflects the cost to test the meter up to a maximum $25 for a
residential customer. Following the completion
of any requested test, the utility will promptly advise the customer of the
date of removal of the meter, the date of the test, the result of the test, and
who made the test.
Section 2.06 – Billing
Bills
from the utility will be mailed monthly unless otherwise authorized by the Commission. The due date of bills for utility service
will be at least sixteen (16) days form the date of issuance. The postmark on the bill or, if there is no
postmark on the bill, the recorded date of mailing by the utility will
constitute proof of the date of issuance.
Payment for utility service is delinquent if full payment, including
late fees and the regulatory assessment, is not received at the utility or the
utility’s authorized payment agency by 5:00 p.m. on the due date. If the due date falls on a holiday or
weekend, the due date for payment purposes will be the next workday after the
due date.
A
late penalty of either $2.00 or 5.0% will be charged on bills received after
the due date. The penalty on delinquent
bills will not be applied to any balance to which the penalty was applied in a
previous billing. The utility must
maintain a record of the date of mailing to charge the late penalty.
Each
bill will provide all information required by the TNRCC Rules. For each of the systems it operates, the
utility will maintain and note on the monthly bill a telephone number (or
numbers) which may be reached by a local call by customers. At the utility’s option, a tollfree telephone
number or the equivalent may be provided.
In
the event of a dispute between a customer and a utility regarding any bill for
utility service, the utility will conduct an investigation and report the
results to the customer. If the dispute
is not resolved, the utility will inform the customer that a complaint may be
filed with the Commission.
Section 2.07 – Service Disconnection
Utility
service may be disconnected if the bill has not been paid in full by the date
listed on the termination notice. The
termination date must be at least 10 days after the notice is mailed or hand
delivered.
The
utility is encouraged to offer a deferred payment plan to a customer who cannot
pay an outstanding bill in full and is willing to pay the balance in reasonable
installments. However, a customer’s
utility service may be disconnected if a bill has not been paid or a deferred
payment agreement entered into within 26 days from the date of issuance of a
bill and if proper notice of termination has been given.
Notice
of termination must be a separate mailing or hand delivery in accordance with
the TNRCC Rules.
Utility
service may also be disconnected without notice for reasons as described in the
TNRCC Rules.
Utility
personnel must be available to collect payments and to reconnect service on the
day of and the day after any disconnection of service unless service was
disconnected at the customer’s request or due to a hazardous condition.
Section 2.08 – Reconnection of Service
Service will be reconnected within 24 hours after the past due bill and any other outstanding charges are paid or correction of the conditions which caused service to be disconnected.
Section 2.09 – Service Interruptions
The utility will make all reasonable efforts to prevent interruptions of service. If interruptions occur, the utility will re-establish service within the shortest possible time. Except for momentary interruptions due to automatic equipment operations, the utility will keep a complete record of all interruptions, both emergency and scheduled and will notify the Commission in writing of any service interruptions affecting the entire system or any major division of the system lasting more than four hours. The notice will explain the cause of the interruptions.
Prorated Bills – If service is interrupted or seriously impaired for 24 consecutive hours or more, the utility will prorate the monthly base bill in proportion to the time service was not available to reflect this loss of service.
Section 2.10 – Quality of Service
The utility will plan, furnish, and maintain production, treatment, storage, transmission, and distribution facilities of sufficient size and capacity to provide continuos and adequate supply of water for all reasonable consumer uses. Unless otherwise authorized by the Commission, the utility will maintain facilities as described in the TWC Rules or in the Texas Natural Resource Conservation Commission’s “Rules and Regulations for Public Water Systems.”
Section 2.11 – Customer Complaints and Disputes
If a customer or applicant for service lodges a complaint, the utility will promptly make a suitable investigation and advise the complainant of the results. Service will not be disconnected pending completion of the investigation. If the complainant is dissatisfied with the utility’s response. The utility must advise the complainant that he has recourse through the Texas Natural Resource Conservation Commission complaint process. Pending resolution of a complaint, the commission may require continuation of restoration of service.
The utility will maintain a record of all complaints which shows the name and address of the complainant, the date and nature of the complaint and the adjustment or disposition thereof, for a period of two years after the final settlement of the complaint.
SECTION 2.20 – SPECIFIC UTILITY SERVICE RULES AND REGULATIONS
This section contains specific utility service rules and addition to the rules previously listed under Section 2.0. It must be reviewed and approved by the Commission and in compliance with TNRCC Rules to be effective.
SECTION 3.0 – EXTENSION POLICY
LINE EXTENSION AND CONSTRUCTION CHARGES. No contribution in aid of construction may be required of any customer except as provided for in this approved extension policy.
The customer will be given an itemized statement of the costs, options such as rebates to the customer, sharing of construction costs between the utility and the customer, or sharing of costs between the customer and other applicants prior to beginning construction.
The utility will bear the full cost of any overseeing of water mains necessary to serve other customers in the immediate area. The individual residential customer shall not be charged for any additional production, storage, or treatment facilities. Contributions in aid of construction may not be required of individual residential customers for production, storage, treatment or transmission facilities unless otherwise approved by the Commission under this specific extension policy.
COST UTILITIES SHALL BEAR. Within its certificate area, the utility will pay the cost of the first 200 feet of any water main or distribution line necessary to extend service to an individual residential customer within a platted subdivision. However, if the residential customer requesting service purchased the property after the developer was notified of the need to provide facilities to the utility, the utility may charge for the first 200 feet. The utility must also be able to document that the developer of the subdivision refused to provide facilities compatible with the utility’s facilities in accordance with the utility’s approved extension policy after receiving a written request from the utility.
Developers may be required to provide contributions in aid of construction in amounts to furnish the system with all facilities necessary to comply with the Texas Natural Resource Conservation Commission’s “Rules and Regulations for Public Water Systems.”
SECTION 3.20 – SPECIFIC UTILITY EXTENSION POLICY
This section contains the utility’s specific extension policy which complies with the requirements already stated under Section 3.01. It must be reviewed and approved by the Commission and in compliance with TNRCC Rules to be effective.
Residential customers not covered under Section 3.01 will be charged the equivalent of the costs of extending service to their property from the nearest transmission or distribution line even if that line does not have adequate capacity to serve the customer. However, if the customer places unique, non-standard service demands upon the system, the customer may be charged the full cost of extending service to and throughout their property, including the cost of all necessary transmission and storage facilities necessary to meet the service demands anticipated to be created by that property.
Developers will be required to provide contributions in aid of construction in amounts sufficient to furnish the development with all facilities necessary to provide for reasonable local demand requirements and to comply with Texas Natural Resource Conservation Commission minimum design criteria for facilities used in the production, transmission, pumping, or treatment of water or Texas Natural Resource Conservation Commission minimum requirements. For purposes of this subsection, a developer is one who subdivides or recruits more than two meters on a piece of property. Commercial, industrial, and wholesale customers will be treated as developers.
SECTION 4.0 – WATER RATIAONING PROGRAM
In cases of extreme drought, periods of abnormally high usage, or extended reduction in ability to supply water due to equipment failure, temporary restrictions may be instituted to limit water usage. The purpose of the Water Rationing Program is to limit the total amount of water demanded from the utility and to encourage customer conservation.
Water rationing is not a legitimate alternative when
water systems are deficient in meeting the Texas Natural Resource Conservation
Commission’s” Rules and Regulations for Public Water System” and the Commission
Rules during normal use periods, or when the utility is not making all
immediate and necessary efforts to replace or repair malfunctioning equipment.
Section 4.01 – General Provisions
DECLARATION OF WATER RATIONING: When there is an acute water supply shortage to such an extent that normal use patterns will no longer be possible, the utility may implement a water rationing program in the following manner.
NOTICE REQUIREMENTS: Written notice must be provided to each customer prior to implementing the rationing program. Mailed notice must be given 72 hours prior to the start of rationing. If notice is hand delivered, the utility cannot enforce the provisions of the plan for 24 hours after notice is provided.
Notice will be provided by telephone to the Commission prior to implementing the program and will be followed within 10 days with a copy of the utility’s rationing notice. The customer’s written notice will contain the following information:
1. The date rationing will begin;
2. The date rationing will end;
3. The stage of rationing and explanation of the restrictions to be implemented; and,
4. Explanation of penalties for violations.
The utility must file a status report of its rationing program with the Commission every 30 days that rationing continues.
VIOLATION OF RATIONING RULES:
1. First violation – the customer will be notified by written notice of their specific violation.
2. Second violation – after written notice the utility may install a flow restructure in the line to limit the amount of water which will pass through the meter in a 24 hour period. The cost to be charged to the customer’s account will be the actual installed cost of the utility, not to exceed $50.00.
3. Subsequent violations – the utility may terminate service at the meter for a period of seven (7) days, or until the end of the calendar month, whichever is LESS. The normal reconnect fee of the utility will apply for restoration of service.
EXEMPTIONS OR VARIANCES FROM RATIONING RULES: The utility may grant any customer an exemption or variance from the uniform rationing program for good cause. A customer who is refused an exemption or variance may appeal such action of the utility by written appeal to the Texas Natural Resource Conservation Commission. The utility will treat all customers equally concerning exemptions and variances, and shall not discriminate in granting exemptions and variances.
RATES: All existing rates schedules will remain in effect during the rationing period, and no charges may be levied against a customer which are not contained in the approved tariff of the utility as failed with the Commission.
Section 4.02 – Stages of Rationing
Unless there is an immediate extreme reduction in water production, to declare an emergency or severe condition the Utility must initially declare Stage I rationing. If, after a reasonable period of time, demand is not reduced enough to alleviate outages, Stage II may be declared with Stage III to follow if necessary.
STAGE I (MILD RATIONING CONDITIONS): Under Stage I (Mild Rationing Conditions) the Utility may select only one of the alternatives listed below. Usage of water for outdoor purposes such as lawns, gardens, car washing, etc. will be restricted to:
1. Alternate Day Use – Customers with even numbered addresses may use water outdoors on even numbered days and customers with odd numbered addresses may water outdoors on odd numbered days. (When there are no addresses, North and West sides of streets: even days; South and Eastside of streets: odd days.)
2. Restricted Hours of Use – Outside watering is allowed daily only during periods described in the customer notices.
3. Every Five Day Use – Customers whose addresses end in 0 and 1 may use water outdoors on the 1st day of the month; 2 and 3 – on the 2nd; 4 and 5 – 3rd; 6 and 7 – 4th; 8 and 9 – 5th; 0 and 1 – 6th . . . and so on. The utility must provide a calendar noting the respective watering days and the order should remain consecutive as new months begin.
STAGE II (MODERATE RATIONING CONDITIONS): All outdoor water usage is prohibited except by hand held hoses with manual turn-on/off nozzles. Water usage for livestock is exempt.
STAGE III (SEVERE RATIONING CONDITIONS). All outdoor water usage is prohibited; livestock may be exempted by the utility. All consumption may also be limited to each customer in one of the following ways:
1. An average of the customer’s winter months’ average to be uniformly applied on a systemwide basis, each customer being notified of this average amount; OR
2. Based upon technical data of the utility’s facilities, a maximum number of gallons per meter (customer) per month, with notice to each customer of the number. Approval of the Commission must be obtained prior to implementing this restriction.
All meters shall be read as often as necessary to insure compliance with this program for the benefit of all the customers.
SECTION 4.20 – SPECIFIC UTILITY WATER RATIONING PROGRAM
This section contains a specific utility water-rationing program in addition to the one stated under Section 4.0. It must be reviewed and approved by the Commission and in compliance with the TNRCC Rules to be effective.