SPILMAN THOMAS & BATTLE,Pllc

SPILMAN THOMAS & BATTLE,PLLc ATTORNEYS AT LAW

January 30,2008

HA HAND DELIVERY Cassius H. Toon, Esquire Staff Attorney Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301

Sandra Squire Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301

Re: Case No. 07-2003-PWD-PC Nettie-Leivasy Public Service District

Dear Mr. Toon and Ms. Squire:

Enclosed for Mr. Toon are the original Responses of Nettie-Leivasy Public Service District to the Second Set of Interrogatories, Data Request or Requestsfor Information by the Staff of the Public Service Commission of West Virginia for Nettie-Leivasy Public Service District.

Enclosed to Ms. Squire is a copy of these Responses.

Please do not hesitate to contact me if you have any questions regarding this filing.

Very truly yours,

Susan J. Riggs w (WV State Bar #5246)

;JR/src:536313 inclosure

Spilman Center 300 Kanawha Boulevard, East ' Post Office Box 273 i Charleston, WestVirginia 25321 -0273

\ www.spilmanlaw.com : 304.340.3800 * 304.340.3801 fax West Virginia North Carolina Pennsylvania Virginia Staff DR 2 Page 1 of2

CASE NO. 07-2003-PWD-PC NETTIE-LEIVASY PUBLIC SERVICE DISTRICT

Staff Data Request No. 2

Question No. 1:

Information that confirms compliance with West Virginia Code Section SG-1-3, such as (a) a copy of the Class I1 legal advertisement seeking RPFs fiom qualified engineering firms, including the Affidavit of Publication, (b) the list of engineering firms responding and those interviewed, (c) the ranking sheets of the Evaluation Committee members regarding the firms interviewed and any pertinent comments made as well as (d) a copy of the minutes of the Board meeting during which the successfbl engineering firm was selected.

Response:

Attached to this Response are:

1. Affidavits of publication from Charleston Newspapers and Beckley Newspapers reflecting publication of the Class I1 legal advertisement seeking proposals for engineering services.

2. Minutes of the District Board meeting held December 19, 2005 which include the names of the nine engineering firms that responded to the District’s RFP and specify the three engineering firms to be interviewed.

3. Minutes of the District Board’s interviews with the three finalist engineering firms, and minutes of the District Board’s January 16, 2006 meeting noting that Dum Engineers was chosen to provide the requested engineering services.

The District does not have the ranking sheets used by the Board members in their evaluation of the engineering firms.

Prepared by: Nettie-Leivasy Public Service District

Person(ls1to testify: Nettie-Leivasy Public Service District will provide the name(s) of the person(s) who would testify regarding this response of hearing.

-Date: January 30,2008 C-ESTON NEWSPAPERS . P-0-Box 2993 Charleston, Wcsst Virginia 25330 SiIhg 34-898 Classified 34843413 1-800-WVA-NEWS

r- STOLLINGS, HARGEY E. BILLED 710 BROAD STmET TO SvMMERSVILLE WV 26651 USA.

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CHARI;IE$TONMEW P.0. Box 2993 Chdaon, Wost Virginia 23330 Billing 343-4898 Classified 348-4848 1-8OeWA-NEW$ Legal pricing is based*upon63 words per column inch. FEM 554674079 Each successive hsertion is dkcounted by 25% of the first insertion rate.

7:13 77 0 0 1 17.75 8.82 156.56 156.56 PSD 1x1775 71377002 17.75 * 8.82 156.56 LEGAL DlSCOaNT 25% 39.14- 117.42 I t TOTAL mvorcE AMOUNT I , .. * . ..

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. Beckfey Newspapers P.O. Box2395 I Advertisiw Beckley, WV 25802 Phone: (304) 252-8800 Receipt Fax: (304) 255-4427

HARLW E STOUINGS Cust#: 021 07 876-000 AITORNEY AT IAW Ad#: 71 0 BROAD STREET 10523476 SUNIMERSVlLLE, WV 26651 Phone: (304)872-7330 Date: 11/22/05

DeSCI5ptiOil start SFP CostlDay Surcharges Total

R*,-m-. . - _- - -. Total: 258.09 Tax: 0.00 NOTICE OF REQUEST Net: 259-09 FOR ARCHVECTURAL / ENGINEERING Prepaid 0.00 PROPOSAL me Nettie - Le’Nasy Public Semke District (PSD), Nicholas County, West Virginia is in €he process of selecting a mmulmmt for its proposed potabie water treatment facility upgrade / reptacement prqieCt. The project involves an evaluation of the existing water treatment faciiity. an evaluatfon ofalternative solutions which imh~dareplacement of the water treatment facility, and impfernentation of the selected afternative. Professional services vdl indude, but are not limited to (1) preparation of preliminary engineering report (2)preparation v$q?w of specifications and design for alf components of the project (3) secure all necessary permits k3!i$g.j asscekited with the ptojet (4) preparation of bidding and contracting doouments (5) part’kipatim in the evduation of bids received and (6) monitoring and observation of BilldEnd of cmstruCfjon activities as required to insure compliance with plans and specifications. contracts are to be awarded on a Fmed Fee basis. The selected architect / engineer shall be ._- . ...

.. . -. . AFFIDAVIT OF PUBLICATI BECKLEY NEWSPAPERS INC BECKLEY, WEST VIRGINIA 25801 _. _..._._- -- _I_._' -

Novcrnkr 16,2005

COPY OF PUBLXCATXON , STATE OF WEST VIRGINIA COUNTY OF RALEIGH, to wit: 1, Tara -Mcycr, bcing duly sworn upon my oath, do depose and say that I nm Lc9l Clerk for Beckley Newspapers, Inca,a corporation, publisher of the newspaper entitled The Register-Hcrald, an Independent newspapet; that I have beeri duly authorized by the board of directors of such corporation to execute this aft'idavit of publication; that such newspaper has been pubIi$hed for more than One year prior to publication of the annexed notice described below; that such newspaper is regular1y published daily for at least fifty weeks during the calendar year, in the municipality of Beckley, Raleigh County, West Virginia; that such newspRpei is 8 newspaper of "general chcdation"as that term is de- find in article di~+=,chaptw.fiftynine of.tbe code of West Virginia, 1931, as .. amended; within the publication area ok areas of the aforesaid municipality and county: su~hnewspaper atrmge~in length four or more pax=, exclusive of any cover, Per ~Ssue;that such newspapef is circulated to the genersl public at a definicc price of consideration: that such newspaper is a newspaper to which the general public resorts for pasing events of a political, religious, commercial and social nature, and for current happenings, announcements, miscellaneous reading matters, advertisements and other notices; that the annexed notice

of REOUEsT FOR PROPOSAL @escriptios of notice) was duly published in said newspaper once a week for two successive

wCeks(C1ass 2 1, commencing with the issue of the 9th day of

-c B-ovcrnbzr, 2005 ,and ending with the issue

3f the 16th day of November, 2005 (and was posted at the Raleieh County Coudhotrse tnthe 16th -day of November, 2005 1; that wid annex& orice was published on the foilowing dates;

1 1f09/0$,I 1/ 1 6/05 and that the

1st of publishing w-d

Beckley Newspapers , . .,*.. *

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. .. . NETTIIS- LEIVASY PUBLIC SERVICE DISTRICT 125 CEDAR ROAD, PO BOX 88 NETTIE, WEST VIRGINIA 26681 Phone 1-304-846-9539

December 21,2005

a The Board of Directors of the Nettie-Leivasy PubIic Sewice District held their regular monthly Board meeting on Monday, December 19, 2005 at the water Office st 125 Cedar Road, Nettie. Those present for the 7:30 p.m- meeting were: David McMiIIion, Robert Meadows, and William Fox; Chief plant operator, Russell Hatfield, water operator Scott Lively, and office manager, Ma,ry O’DeIl.

.* Chairman McMilIion called the meeting to order by asking that the minutes of the November 21,2005 be read., Secretary William Fox read the minutes that were accepted as read by a motion made by Chairman McMillion and seconded by Robert Medowse OLD BUSINESS:

Chairman McMillion asked if there had been any response to the advertisement for an engineer for the upgrade or new plant. Mrs. 0,Dell said that there had been nine (9) endneering firms that have sent in their Statement of Qualifications. She said that she had presented each Board member, Lane Robinson, Russell Hatfield and frersellf with copies of each one to study and try and choose three firms that they would like to interview in further detail. There folllowed a lengthy discussion on the matter and the field was narrowed dawn to the three (3h

Chairman McMilIion asked that Mm. O’Dell write a letter to Terradon Corporation, Potesta & Associates, Lnc., S &.S Engineers, Inc. Chapman Technical Group, Greenborne &OSMara,and Michael Baker, Jr., Inc. that after reviewing their Statements of Qualifications were all excellent but were not what the PSD was looking for at this time but would keep them in mind if the intewiews did not pan aut. *.- *.-

Chairman McMillion also asked that Mrs, O’DelI get in touch fhe three (3) engineering firms that they had chosen for further interviews to set a time and date for their interviews. These were: Dunn Engineers, Inc., L. A. Gates Company, and Thrasher Environmentsi.

Mr. Fox then asked if CharlesEITnkle had removed the dragline f‘om the bottom of the hill. Mrs. O’Dell said that ML Robinson had spoken with MrmHinkle and he said that he wouldlook into the matter and try and move it in a few days but has not done so as of tbis date. .. Mr, Fox then asked if the pump had been fiidthat was at Doss * Elect& Scott Lively said that it was back in the building. Mrs. O’DeII said that the cost to repair it wasover $680.00.

Chairman McMillIion then told everyone that the Robert -der9 Philip FoglIemsn and the County Commissioners were asking for a public meeting to be held’onWednesday, December 21,2005 at 7:OO p.m. at the Nettie Bingo Hall to discuss the wafer moratorium and what can be done about the situation, The only thing we tell.the customers is that weare pumping over 22 hours per day and can not

* add anyone else or someone will have to go without water- We are now in the process of picking an engineer to help us figare out just what we need to do to get out of the momtorhm. .EyE’W BUSINESS:

Mrs. O’DeIl $old the Board that the PSD had to be put on a Boil water Advisory on Wednesday, November 30,2005 and was lifted on

, Friday, December 2,2005. The reason for the Boil Water was high trhitiy (muddy water due to the heavy rain fall during that week). -”. . Russdl Haffield gave his report for the month of November. They pumped 9,368,000 galIons of water for an average of 3112,267 daily pumping 22.1 hours per day. They back washed 29 times maintaining 97% NWs. Water loss for the month was 13%. The health a department and the PSC is now telling the PSD that they can no longer count water leab in the a countable water loss so therefore the water loss will be higher then has been reported. * ......

The Board took time to sign checks in the amount of $50,771.63 this left the checking account in the hole -$2,978.75. The balances of the savings accounts are: Repair Paint and Replace Water Tanks, $12,854.28; Pumps motors and other equipment $2,490.18; Upgrade and Extensions $3,751.22,

' Mm. O'Dell then showed a letter from the Pu blfc Service Commission that Robert Rader had written asking that they consider lifting the moratorium in his case stating that he had a contract with the PGD tosupply him water for his housing developmeat that was signed in 2001- €€e wan@to set 1 to.5 meters on his project each year until he has water 04 all 28 of his lots available in his project. After some discussion the Board members drafted a letter to be sent in answer to the letter to be sent to'Mr. -der and to the PSC. (Copy attached) Mm+O'Dell informed the Board that new officers should be elected so that the first'weetingin 2006 the new officers can take their places. After some discussion the Board voted to postpone the election of officersuntil the January meeting due to the public meeting to be held

on Wednesday. '

Chairman McMWon then took time and past out Christmas Bonus checkto the employ& and thanked them for the good job that each one had done over the last. year. Hethen made a motion to adjourn if there was to other. business to be brought,before the Board for consideration. This was seconded by Robert Meadows. Meeting

ate

w Hobert Meadows, Treasurer ..

., NETTIE - LEWASY PUBLIC SERICE'DISTRICT 125 CEDAR ROAD, PO BOX 88 METTXE, T;VEST VIRGINIA 26681 Phone 304-846-9589

January 5,2006 . .. i The Board Members, David McMiIlion, William Fox;and Robert Meadows, Operational Supervisor, Lane Robinson, Chief Water . Operator, Russell HatfieId, and Office manager, Mary O'DellI met with Dum Engineers for the first interview toward picking ak'engiaeering firm to help plan an upgrade or new plant and to get thePS1) off the water moratorium.

The meeting took pIace at the water office at Nettie at 7:30. p.m. Wayne Hypes president of Dunn Engineers took the floor and introduced his brother Fred Hypes and Marshall Stand., They took the time to expllsin what their plans are to help the PSDJn their upgrade project. They gave several ways that an upgrade could .be achieved. After that they talked about trying to find funding for the project, ._. which would be pumping from Gauley River for a new water source9 upgrading the water plant, changing filters and building a .new water tank. There followed a Iengthy discussion. Following this the Board thanked the men for their time and told them that they would get in touch with them when they made a decision on an engineering firm

The meeting adjourned at 1O:OO p.m. NETTIE - LEIVASY PUBLIC SERVICEeDISTRICT 125 CEDAR ROAD, PO BOX 88 . NETTIE, WEST VIRGINIA 26681. ..

January 6.20046 :

The Board of Directors, David McMiIlion; William Fox, andRobert Meadows and ofice manager Mary O’DeIl met with reprehensive, HeWood Thrasher, Kenneth Moran, and . JonathGn Carpenter from Thrasher Environmental * Engineering to interview them and go over their Statement of

’ Qualifications for the upgrade/ and or new water plant.

The meeting took place at 7t30 p,m. at the water ofRces- There foIlowed their presentation with the things they have done and are currently doing in this type of upgrading. They n also discussed some of the ways that might help the 1PSD.get out from under the water moratorium.

The meeting adjourned at 9:30 p.m. The Board thanked them. They had memore interview to conduct and w.ould be in touch with them about their decision on January 17,2005.

The Third and last interview was held on Tuesday, January 10,2005 at 7:30 p.m. at the water offices with Board members, David McMillion, William Fox, and Robert Meadows, Operational Supenisor, Lane Robinson, Chief Water Operator, Russell Hstfield, and Office Manager, Mary O’Dell met with Ray TilIey with L. A. Gates Engineers.

Representative Ray Tilley took the floor and told of his company’s qualifications to be able to do the project that the PSD is taking on. But he said that without doing a study be Could not tell what the PSD needed to do right now to correct the situation that the Water Department has found themselves in.

The Board thanked Mr. Tilley for his time and said they would let him howwhich firm that they chose on or by January 17,2005.

There followed a lehgthily discussion and going Over notes to see who &heBoard thought was most quawed to do what

the PSD needed done on an upgrade project. After ’ comparison of each interview the Board choose Dum Engineering ta be the engineering firm to do the Nettie - . Leivasy PSD’s upcoming upgrade.

The Board then asked that Mrs, O’Dell write a letter two the other two firms thanking them for their time but that they had chosen Dum engineering for the project.

Meeting adjourned at 8t45 p,m, d

NETTIE-LEIVASY PUBLIC SERVICE DISTRICT 125 CEDAR ROAD, PO BOX 88 NETTIE, WEST VIRGINIA 26681 Phone 304-846-9589

January 19,2006

The Board of Directors of the Nettie-Leivasy Public Service District held their regular monthly board meeting on Monday, January 16,2006 at the Nettie Fire Department. Those present for the ’it30 p,m. meeting were: Board Members, David McMillion, Robert Meadows, and William Fox; Operational Supervisior, Lane Robinson, Chief Water Operator, Russell Hatfield, Water Operator, Scott Lively, Office Manager Mary O’Dell, David Meadows, Brooks Groves, Dale Beaver, John and Eddie King and Dum Engineering representatives, Fred Hypes and Marshall Stnead,

Chairman McMillion opened the meeting by stating that Dunn Engineering had been chosen last week as the Engineering Firm to help with the upgrading of the water plant, and that Fred Hypes and Marshall Stnead were here tonight to discuss steps to get started on the upgrade. There followed a lengthy discussion on the matter. They said that they would like to have a report ready for the PSD to look over around February 13,2006, Chairman McMillion thanks the men for coming and looked forward to seeing them next month.

Chairman McMillion asked that Mrs. O’DelI set the next regular Board meeting up a week to Monday, February 13,2006 at 7:30 p.m. at the Fire Department. OLD BUSINESS:

Chairman McMilIion then asked for the reading of the December 19, 2005 minutes. Mrs. O’Dell read the minutes whichwere accepted as read by a motion made by David McMilIion and seconded by Robert Meadows. Chairman McMillion then asked Lane Robinson if he had heard inMe on removing the dragline from the dam area. Mr. at he had talked to Mr. Hinkle several weeks ago and that he had said that he would remove it in a few days but has not seen him to date. There followed a discussion and Mr. Robinson was asked to contact Mr. Hinkle one more time and give him a chance to remove the dragline. If he doesn’t remove the dragline soon, the Board will have to take some other kind of action to get him to remove it before it causes some kind of trouble.

William Fox asked if they had the pump from Doss Electric. Mr. Robinson said that they had it and that he also had the pump he had sent off to have cleaned out. They had found it stopped completely with leaves and other dirt. The cost of cleaning the pump was $459.00. Mr.

Robinson also told them that the well box will have to be cleaned out I some time this spring. NEW BUSINESS:

Mrs. O’Dell said that she had received the first bill from BrickStreet Insurance, this is the insurance company that took the place of the West Virginia Workers’ Compensation. The bill is for $5,393.00 and can be made in two payments. The first one is due January 31, 2006 and the second one will be due on March 31,2006. The payment will be $2,701.58 each.

The Board took time to sign checks paying invoices in the amount of $42,202.41 leaving a balance of -($2,535.19). Balance of the saving accounts are: Pumps & Motors $2,791.85; Repair and Paint Tanks $13,264.75; Upgrade & Extensions $4,004.07. Mrs. O’DeII asked if the Board wanted to transfer from the pump and motors account the amount of $2,083.05 to pay for the last bowl assembly from Service Pump and Supply Inc. The Board voted to transfer the money to the genera1 account to pay this invoice. P

Next on the agenda Russell Hatfield gave his water report for the month of December 2005. They pumped 10,125,000 gallons of water pumping on a daily average of326,613 gallons. They pumped 22.4

t hours per day and back washed 31 times, The water loss was 45,6% and maintained 100Y0 NTUs.

Mrs. O’Dell said that she hated to bring up the subject but the Cannon copier used in the office is an its last legs, we need another one. This one was a second handed one eight years ago and has done a very good job but is just worn out. There followed a discussion and the Board told Mrs. O’Dell to check around and see how much a copier will cost.

Lane Robinson told the Board that they had fixed three leaks in the Leivasy area last week that had helped cut the pumping time down and one next to Luther Groves where a guardrail went through the water line. This has also helped with pumping time. But have been having trouble with a pressure valve at the Canvas Tank. They have worked on is for the last two days.

Next on the agenda was the election of officers for the coming year.

David McMillion nominated William Fox for secretary this was seconded by Robert Meadows, Voted on and carried. William Fox will remain as Secretary.

William Fox nominated David McMillion to continue as the Chairman of the Board. This was seconded by Robert Meadows. Voted on and carried. David McMillion will continue as Chairman of the Board,

Chairman McMillion nominated Robert Meadows as Treasurer this was seconded by William Fox. Voted on and carried. Robert Meadows will be the Treasurer for the following year.

Chairman McMillion then asked if there any other business to be brought before the Board if not he would make a motion to adjourn. This was seconded by Robert Meadows. Meeting adjourned at 1O:OO p.m. William Fox, Secretary

.- uw--7 U-y- ztMeadows, Treasure Staff DR 2 Page 2 of 2

CASE NO, 07-2003-PWD-PC NETTIE-LEIVASY PUBLIC SERVICE DISTRICT

Staff Data Request No. 2

Question No. 2:

Specific information as to the successful financial RPF chosen which states the final amount of the design BAN and applicable interest rate.

Response:

The District will receive bank proposals on February 14, 2008, and will select the best proposal at its Board meeting on February 19, 2008. The District will supplement this response with the requested information as soon as the same is known.

Prepared by: Counsel to the District

Person@) to testify: Nettie-Leivasy Public Service District will provide the name(s) of the person(s) who would testify regarding this response prior to the time of hearing.

-Date: January 30,2008

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