Order 15583 - Prov. Water Supply Board: Petition of City of Warwick & KCWA

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERS

100 ORANGE STREET

PROVIDENCE, RHODE ISLAND 02903

REPORT AND ORDER

On April 1, 1998 the City of Warwick ("Warwick") and the Kent County Water Authority ("KCWA") filed a petition with the Rhode Island Division of Public Utilities and Carriers ("Division") seeking an order that would prohibit the Providence Water Supply Board ("PWSB") from shutting down an aqueduct that provides substantial water service to Warwick and the KCWA.

According to the petition, the PWSB planned to shut down the aforementioned aqueduct to perform an inspection, beginning on April 6, 1998. Warwick and the KCWA requested a postponement of the inspection "to allow time for preparation for a long-term plan that will solve the water shortage problems experienced by Warwick and Kent County {KCWA} during what will become increasingly frequent closures of this essential conveyance."

In response to the petition, and due to the time constraints associated with this matter, the Division scheduled and conducted a mandatory pre-hearing conference on April 3, 1998 (See Order No. 15576, issued on April 2, 1998). The above-identified parties appeared and participated in that conference. The Division's Advocacy Section also appeared and participated.

Predicated on the information proffered during the prehearing conference, and especially in view of the emergency nature of this matter, the Division scheduled and conducted an expedited hearing on April 6, 1998 at 9:00 a.m. in the Division's hearing room at 100 Orange Street in Providence. The Division also authorized the PWSB to begin the planned aqueduct shut down, as scheduled for April 6. The Division indicated to the parties that an expeditious decision would be made in this matter which would result in timely authority to either continue with the aqueduct shut down and inspection, or to stop and reverse the proposed shut down and inspection.

The following counsel entered appearances at the April 6, 1998 hearing:

For Warwick:                           William E. Smith, Esq.

For the KCWA:                       Francis X. Flaherty, Esq.

For the PWSB:                         Michael R. McElroy, Esq.

For the Division's

Advocacy Section:                    Elizabeth A. Kelleher, Esq.

During the course of the April 6 hearing the parties reached a settlement, and proffered the following stipulation for Division consideration and approval:

The parties agree and stipulate as follows, the following record order. 1, if the Bald Hill Tanks drop below 213 hydraulic grade level and does not recover ... within 24 continuous hours, that PWSB will commence the refilling of the pipe absent conditions of imminent danger. 2, if there is no agreement on what is a condition of imminent danger or whether the tanks have dropped below 213 HL and have not recovered to 213 within 24 continuous hours, any party may submit the matter to the Division for immediate and summary decision. 3, PWSB submits to the jurisdiction of the Division to carry out the provisions of this settlement and order. 4, Warwick and Kent County will make maximum possible hose connections and Kent County will make a good faith effort to supply as much water as practicable to the City of Warwick when needed by Warwick. 6, the Providence Water Supply Board's fall project will begin no earlier than November 15th, 1998. 7, PWSB will use its best efforts to inspect P-37 as early as possible in the inspection process. 8, this order does not deal with the long term issue of system redundancy which was raised in the petition. Warwick and Kent County may have leave to file a separate petition addressing these issues without prejudice to the position of any party. (4/6/98, transcript)

FINDINGS

The Division has considered the instant settlement proposal, and finds its terms reasonable and in the best interests of ratepayers.

Accordingly, it is

(15583) Ordered:

1. That the settlement proposal identified herein, is hereby approved and adopted by the Division as a reasonable disposition to the outstanding issues that were identified and discussed in this docket.

2. That the PWSB may proceed with its planned aqueduct inspection, subject to the terms and conditions contained in the approved settlement.

Dated and Effective at Providence, Rhode Island on April 8, 1998.