ICR Water Users Association NEWSLETTER CONTACT US For new service, billing questions or any other water co. matters call: Business Office: Address: 246 N Hwy 89, Ste A Chino Valley, 86323 Phone: 583-0741 Water Co. Manager- Bob Busch 928-713-0548 AFTER HOUR EMERGENCY PHONE NUMBER: A Quality Water Co. (ICRWUA System Operator) Chris Williamson: 928-606-0563 Board of Directors –2008 Hugh Pryor – President [email protected] Hal Lobaugh - Vice President the deeply divisive and I might add expensive nature of these differences. Our Mission as a Board is to provide high quality water to our Customers at a reasonable price within the constraints and in compliance with the Regulatory and Legal requirements imposed on a public utility. There are currently two main schools of thought relative to the current Rate Case 1) force the utility to charge Tariff (household) rates to the Talking Rock Golf Course and 2) come to an agreement between the parties (ICRWUA, the Interveners and the ACC) to achieve the Mission of the ICRWUA Board. I believe these issues have been explained in detail in the letters mailed to Members in May and at the Member Meeting in June. [email protected] Bill Meyer – Secretary /Treasurer [email protected] Shirley Lilien - Director [email protected] Earl Cummings - Director [email protected] From the President - Before I begin let me say that what follows is my view alone and may not necessarily be shared by all members of the Board. As most of you know I was seated as a Director on the Board in January this year. Then, in July when my predecessor stepped down, I was elected to be the President of the Board. I guess what surprised me most is not that there are differences of opinion about the issues the Board and Members face. Indeed, differences are in fact quite valuable in most debates because they raise issues and positions that a single entity, such as the Board, may otherwise not see or think of. Primarily, these differences center on the current Rate Case now pending at the Arizona Corporation Commission (ACC). What did, and continues, to surprise me is October 2008 Costs have been more than anticipated simply because there were interventions and they, by nature and process, take more time to come to conclusion. Because ICRWUA must be represented by Counsel, the meter runs and costs go up with time. In addition, the negotiations with Harvard have taken longer and cost more that originally thought because of the many issues raised, not just by the Board and Harvard but by others that we have tried address to some degree. The Rate Case will go on, one way or another and most of the postulated outcomes are not very favorable to our Customers in terms of the Rates and Tariffs that we as Members, must ultimately bear in the form of costs. The Boards' approach, in my opinion, will result in the best outcome for our Members/ Customers. Some, as I said, do not agree and do so with great zeal and energy. The unfortunate thing is that as the debate has continued, it has become more and more divisive, vitriolic and in some cases quite personal. As but one example of the nature of the dialog, one of our Members provided this insight as to his/her view of what should be allowed to happen: “Bankruptcy, as distinguished from going out of business, could actually be a positive result in the big picture and long view. This would likely trigger the ACC taking control of ICRWUA and operating it until it could emerge from bankruptcy. This would also, hopefully, involve removal of the current Board of Directors, needed changes to the Company’s bylaws, and election of a new Board of Directors with proportionate representation on the Board from each community served.” Personally, I fail to see how this outcome could be of benefit to ICRWUA Members. The measure of the ICRWUA, its Board and Members will not be so much by what we have done to date, but rather how we behave between now and the ultimate resolution approved by the ACC. It seems to me that we would all be a lot better off by working together and coming to a common solution that we can all live with even if it is not any single approach by any party. It appears to me that the positions are so set in concrete at this point that this will not happen and the ACC will have to decide what is best; we may not like the outcome. I hope I am wrong, Hugh Pryor Rate Hearing Now Expected to Take Three Days Nearly 11 months ago, the Company was scheduled for a one day hearing before the Arizona Corporation Commission to present its case for a “modest” rate increase. Now, after many costly months of filing documents and negotiating sessions, the case is set for hearing by the Commission beginning December 1st. Because of issues raised by the intervener, Dayne Taylor, the Administrative Law Judge in the case, Marc Stern has scheduled three days to hear the case, in which the matter of a rate increase has almost become secondary. The hearing will undoubtedly include testimony regarding the Company’s compliance with a 2001 Commission Order, and the transfer of well(s) to the Company by Talking Rock Golf, along with what the Company has charged and proposes to charge TRGC for water delivered to the golf course. To make matters more interesting, the hearing will take place after the election in November of three new Commissioners who won’t take office until January. The decision in the case won’t likely be made and issued until February, after the new Commission is seated. Tried Out Our Website? Here’s How. – ICRWUA began it’s website in late August as a way to help keep members informed. The main page has received over 800 visits in the first three months. In case you haven’t visited, just go to icrwua.com and you can see the latest water company news. There is a link to a “Newsflash” page containing any current news. There are links to other pages where you can easily view and print meeting minutes, newsletters, service application, water quality report and over 2 years of archived documents including financial statements. If you are interested in the rate case, you can easily pull up specific documents filed in the case by clicking the “Rate Case” link and then the link to documents in the case, including all filed testimony. Try it! You’ll like it! Auto Pay Plan Works for Many Fifty eight customers have now signed up for the Auto Pay Plan. The plan was announced a few months ago in a October 2008 billing insert. The plan provides for automatic withdrawal of monthly water bills from a customer’s checking or savings account. The customer still receives a bill each month, showing water use and payment. For additional details or sign-up authorization forms, call the business office. Member Group Requests Access to Company Records Several members of ICRWUA filed letters with the Company in September, requesting access to inspect and copy company records. The members requested an opportunity to inspect and copy numerous company documents including Bylaws, Articles of Incorporation, Meeting minutes, Annual Reports to the ACC, accounting records, financial statements, and finally, “a list of the names and addresses of all members and in alphabetical order by class of membership showing the number of votes each member is entitled to cast and the class of memberships held by each member”. The Company did provide access to the above information as required by law, but to date has not provided additional information the group requested; emails among directors relating to the “survey” conducted at the June 3rd member meeting; emails among directors related to the petition docketed on Sept 11, 2008 by Manager, Bob Busch; invoices and detailed backup from attorneys in the rate case (Snell & Wilmer, LLP) and Tom Bourassa, CPA, accountant for the Company in the rate case The groups stated purpose in requesting member addresses was “to allow us to send communications to the same Member List as the Board has used in sending several communications, e.g., those sent to members in May of this year relating to the April 18 LOU.” The group has threatened legal action to get access to the records. Company Files Additional Testimony in Rate Case On September 15, 2008, ICRWUA attorneys, Snell & Wilmer LLP. filed Supplemental Testimony with the Arizona Corporation Commission “to Support Request for Approval of the Water Service Agreement”. As indicated by the title, the testimony supports the company’s case that the agreement. recently entered into by ICRWUA and Talking Rock Golf Club. should be approved by the Commission. The testimony includes a request for an over all rate increase of 13.75 percent over adjusted Test Year revenues. This equates to a 15.18 percent increase to a customer with a standard 5/8” meter using the average of 7,085 gallons per month. The increase is predicated on the implementation of the Water Service Agreement with Talking Rock Golf Club, which provides that TRGC pays an annual reservation charge plus $1.00 per 1000 gallons for all water delivered to the golf course. The reservation charge is initially $50,000 per year, declining to $10,000 over ten years. According to testimony, if ICRWUA were to lose all revenue from TRGC (ie if TRGC were to leave the ICRWUA system) additional revenue needed would go from 13.75 percent to 72 percent – all of which would have to come from remaining customers. This amounts to $156,000 in additional revenue that would have to come from the approximately 450 customers. That represents nearly $29.00 per month additional from every member (If it could be divided equally among members). The Company believes that the WSA provides many benefits to members, not the least of which is that the agreement retains TRGC as a special customer and retains the revenue it provides. Members to Elect Two Two board members will be elected in December’s election for two year terms on the ICRWUA Board of Directors. Two seats are up for election this year. One currently filled by Earl Cummings who has decided not to run for re-election, and Bill Meyer, who is running for an additional term. Candidates are nominated by completing a nomination form and submitting it to the Business Office (via mail or fax) by November 14th. Ballots will be mailed by early December with a voting deadline of December 19th. Results will be announced in January. Call Bob Busch (713-0548) or contact any board member if you would like additional information. Our new website icrwua.com Company Receives Payment ICRWUA recently received a $30,000 payment from TRGC as financial assistance in the rate case. The payment was part of the terms of the Water Service Agreement executed by the parties in September. The agreement calls for ICRWUA to receive a $30,000 financial assistance payment upon execution of the agreement by both parties. If the agreement is accepted by the Arizona Corporation Commission, ICRWUA is to receive an additional payment of $50,000 as financial assistance. It will not be know if the ACC accepts the agreement until the ACC announces its decision sometime early next year. October 2008 October 2008
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