BERKELEY COUNTY PUBLIC SERVICE WATER DISTRICT 251 Caperton Blvd. Martinsburg WV Phone: Fax:

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1 BERKELEY COUNTY PUBLIC SERVICE WATER DISTRICT 251 Caperton Blvd. Martinsburg WV Phone: Fax: November 2,2017 Original and Twelve copies Ingrid Ferrell, Director Executive Secretary Division PUBLIC SERVICE COMMISSION OF WEST VIRGINIA P.O. Box 812 Charleston, WV RE: BCPSWD # 1606 Project Name: Village at Spring Mills Apartments Dear Ms. Ferrell: Please find enclosed the original and twelve copies of an agreement between Village at Spring Mills LLC c/o David Biafora and the Berkeley County Public Service Water District. Also included is the 5.5 rules and a copy of the map. We hereby request that the PSC assign a case number to the enclosed document, review and approve it so we may serve them water. Sincerely, Robin Shade Assistant to Executive Director ~ 106 Encl.

2 Berkeley County Public Service Water District 25 1 Caperton Blvd. Martinsburg, WV Phone (304) Fax (304) ALTERNATE MAINLINE EXTENSION AGREEMENT BCPSD PROJECT NO THIS AGREEMENT made and entered into as of the day of, 20-9 by and between Berkeley County Public Service District, DBA Berkeley County Public Service Water District (District) and Village at Spring Mills LLC c/o David Biafora 6200 Mid Atlantic Drive Morgantown, WV (Developer) for extension of water main to serve 120 Apartments, 2 Commercial Buildings, Pool and Clubhouse (Project) The proposed project will consist of the following: approximately 1,620 feet of 6 inch water main, plus valves, services, blow-off, and other appurtenances. WHEREAS, the District has been authorized by the County Commission of Berkeley County to develop water distribution and treatment facilities throughout Berkeley County so as to provide the greatest number of residents of that area with public water; and WHEREAS, the District wishes to make public water distribution and treatment facilities available to the greatest number of residents within its franchise area as expeditiously as possible; and WHEREAS, Developer is planning to develop certain lands within the franchise area of the District for use as residentialkommercialhdustrial; and WHEREAS, the planned development of Developer's property is contingent upon having proper water distribution and treatment facilities; and WHEREAS, Developer is willing to bear the expense of making public water distribution facilities available in its development. WITNESSETH, that for and in consideration of the mutual covenants herein contained, and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and the Developer agree as follows: ARTICLE I DESIGN 1.O 1. The Developer hereby agrees to employ qualified engineers to design the water distribution system for the Developer's project, as described in general hereinbefore. All designs will be prepared at the Developer's expense. All designs shall be reviewed and approved by the District's engineer prior to submission to the West Virginia Bureau for Public Health for a permit to construct and prior to the commencement of construction. The Developer shall pay to the District for its design review services $ plus $0.20 per linear foot of mainline extension. Developer also agrees to reimburse the District for the professional services of an outside Engineer to conduct water modeling to identifjl any impacts on the District's existing infrastructure imposed by the proposed project. All fees due shall be paid by the Developer to the District within fifteen (15) days of the date the District approves the plans and specifications. Page 1 of 6

3 Berkeley County Public Service Water District 25 1 Caperton Blvd. Martinsburg, WV www. berkelewater.org Phone (304) Fax (304) The Developer shall, at its expense, submit all plans and specifications for the project to the appropriate State, Federal and local governmental agencies. Any changes in the plans and specifications required by the governmental agencies shall be subject to the approval of the District. ARTICLE I1 CONSTRUCTION The Developer will, at its expense, construct the entire water distribution system, including but not limited to all main lines, trunk lines, service lines f?om main to and including the meter box complete, fire hydrants and related facilities. All connections to the existing water system of the District shall be made at such locations as shall be specifically identified by the District. The Developer shall, at its expense, obtain all necessary permits, authorizations and approvals from all governmental agencies during the construction phase of the project and shall make such changes and alterations as may be required from time to time by said governmental agencies. All permits shall be issued in the name of Berkeley County Public Service District The Developer shall at its expense obtain all necessary easements and rights-of-way, including any temporary construction easements, for the installation and operation of the system. All permanent easements shall be for the purposes of installing, operating, maintaining, replacing and removing the water lines and other water facilities and shall be not less than twenty feet (20) in width. In addition, the Developer shall grant the District the necessary easements to allow the District to make future extensions into unserved areas. The granting of the necessary easement shall be made without the District being required to pay additional consideration for the additional easements. If the Developer is unwilling to grant the additional easements, the District shall not be required to extend its main to serve the Developer s project The District shall have the right to inspect all work of the Developer, and its contractors, during all phases of Construction to insure adequate installation of the system. The Developer shall pay to the District for its construction inspection services $ plus $0.60 per linear foot of mainline extension. All fees shall be paid by the Developer to the District within fifteen (15) days from the date of the preconstruction meeting At the conclusion of construction the Developer shall provide to the District a complete set of reproducible copies of the record drawings of the completed construction for the mainline extension, signed and sealed by the engineer who prepared the plans. Also, the Developer shall provide the District with executed easements for all water mains. WATER SERVICE FROM THE MAINLINE EXTENSION COVERED BY THIS AGREEMENT WILL NOT BE GRANTED UNTIL THE RECORD DRAWINGS AND THE EXECUTED EASEMENTS ARE RECEIVED BY THE DISTRICT At all times during the construction of said system the Developer shall maintain sole ownership of the system The Developer shall complete the mainline extension covered by this Agreement within five (5) years from the date of this Agreement. Failure to do so will make this Agreement null and void as to any uncompleted portions of the mainline extension and the Developer will be required to enter into a new agreement, have a design review and secure new permitting for the completion of the Project Water Service is not granted until a tap application (Le., formal request for immediate and continuous service) is approved for an individual lot(s). Page 2 of 6

4 Berkeley County Public Service Water District 25 1 Caperton Blvd. Martinsburg, WV Phone (304) Fax (304) The District will never charge a Tap or Service Connection Fee unless the District actually taps the main and installs the utility service line from the main to the meter. ARTICLE 111 TRANSFER OF OWNERSHIP 3.O 1. Upon completion of the construction of the system the Developer shall obtain all required governmental approvals at its expense. The Developer shall then provide written notice to the District of the completion of the system in all respects. As used in this agreement the term completed in all respects includes, but is not limited to, the system being physically complete, and all engineers, materialmen, contractors and subcontractors being paid in fill Upon receipt of the written notice described in Paragraph above, the District shall have fifteen (15) days to inspect the system and run such tests, at the District s expense, as the District feels is appropriate and necessary to determine that the system has been properly designed and constructed and will provide satisfactory service to the public. Within said fifteen (15) days the District shall provide a written notice to the Developer containing a list of any changes, repairs or additions which the District believes is necessary to place the system in good and proper working condition. The Developer shall, at its expense, make such changes, repairs, or additions and take such actions, which have been directed by the District. Once all changes, repairs or additions have been completed to the satisfaction of the District and prior to placing the system in service, the District shall accept ownership of the system, including all easements and rights-of-way. The Developer shall execute all documents required by the District to transfer ownership of the system to the District, free of all liens and encumbrances The District will issue a Certificate of Substantial Completion to the Developer following: (1) the mainline extension successfully passing the mandated pressure and bacteriological tests; and (2) receipt by the District of the Record Drawings and the executed easements. Execution of the Certificate of Substantial Completion by the Developer transfers ownership of the mainline extension project covered by this Agreement to the District. The District now owns the mainline extension and general water service is available from this facility. ARTICLE IV REPRESENTATIONS AND WARRANTIES The parties represent and warrant that the execution, delivery and performance of this agreement by them has been duly authorized and this agreement constitutes a valid and binding obligation of the parties in force full and accordance with its terms The Developer represents and warrants that the water distribution system will be designed and constructed in a proper workman like manner using sound principals of engineering and construction. The Developer hereby warrants the system, and all of its components, for a period of two (2) years from the date of the transfer of ownership of the system to the District and shall make such changes, repairs and additions to the system as are needed to maintain the system in proper operating condition within said two (2) year period. Page 3 of 6

5 Berkeley County Public Service Water District 25 1 Caperton Blvd. Martinsburg, WV www. berkelevwater.org Phone (304) Fax (304) ARTICLE V SUBSEQUENT CONNECTIONS After transfer of ownership of the system to the District the District shall be free to extend the water system beyond the terminus of the water mains constructed by the Developer and Developer shall not be entitled to any refund, credit or other type of monetary gain on account of said extensions. ARTICLE VI MISCELLANEOUS The District will reimburse the Developer the sum of $113, for the installation costs or any other costs associated with the installation and construction of the water system pursuant to the terms and conditions of a Settlement Agreement previously signed by the parties. The Developer expressly waives any right to reimbursement under the Public Service Commission of West Virginia Rules and Regulations for the Government of Water Utilities, ISOCSR 7, Rule 5.5. Extension of mains, a copy of which is attached hereto as Exhibit A and made a part hereof, and understands that the District's extension of service outlined in the agreement herein shall be construed as an exemption to Rule 5.5 Extension of mains. The Developer will collect reimbursement through appropriate pricing of real estate within its development All fees to be paid by the Developer to the District for design review services as set forth in Paragraph 1.O 1 hereof and for construction inspection services as set forth in Paragraph 2.02 shall be paid in full prior to any construction of the mainline extension identified as the Project in the first paragraph of page one of this Agreement This Agreement shall in no manner alter or affect presently existing rates, charges, minimums or tariffs of the District and the same rates, fees, charges, minimums and tariffs shall apply uniformly to all customers of the District. This agreement shall at all times be subordinate to any present or future trust indentures or other similar liens on the assets of the District, and the parties hereto recognize the priority of any such obligations and upon occurrence of default or assumption of operation and control by the trustee or holders of the bonds of the District this agreement shall be subordinate to such obligations The design and construction of the system by the Developer shall be at all times in compliance with the "Developer's Policies, Procedures and Standards" as adopted by the District, a copy of which has been provided by the District to the Developer The Developer hereby agrees to save, indemnify and hold harmless the District against all liability, claims, judgments or demands for damages arising kom accidents to persons or property occasioned by the Developer, its agents, contractors or employees, during the design and construction of the system, and against all claims or demands for damages arising from accidents to the Developer, its agents, contractors or employees caused by the Developer or his employees. The Developer will defend any and all civil actions that may be brought against the District on account of any accident or occurrence described herein and shall reimburse the District for any expenditure made by the District on account of such accident or occurrence, including all attorney fees and expenses of litigation. Page 4 of 6

6 Berkeley County Public Service Water District 25 1 Caperton Blvd. Martinsburg, WV www. berkeleywater.org Phone (304) Fax (304) The Developer hereby agrees to save, indemnify and hold harmless the District from all claims, demands, causes of action or suits of whatever nature arising out of the labor and material used by the Developer and its contractors or subcontractors, and from all laborers', materialmens' and mechanics' liens upon the system or upon the property upon which the system is located arising out the labor and materials used by the Developer and its contractors or subcontractors, and the Developer shall keep the system and said property free and clear of liens, claims and encumbrances The Developer is aware of its right to a written probable cost estimate from the District for the proposed mainline extension covered by this agreement as provided for in Water Rule l.b.A., and the Developer expressly waives this requirement that the District provide it with such an estimate of probable cost for the proposed project The Developer may not assign this agreement to any party without the prior written consent of the District, which consent shall not be unreasonably withheld This agreement and the Addendum A attached hereto and incorporated herein contains the entire understanding of the parties and no amendment to this agreement shall be effective unless in writing and executed by the parties. This agreement shall be binding upon the parties, and their assigns, and shall be interpreted according to the laws of the State of West Virginia. BERKELEY COUNTY PUBLIC SERVICE DISTRICT Doing business as BERKELEY COUNTY PUBLIC SERVICE WATER DISTRICT By: Gregory S. Rhoe, Chairman DE V E L 0 PER By: Title: Page 5 of 6

7 Berkeley County Public Service Water District 25 1 Caperton Blvd. Martinsburg, WV www. berkeleyvater.org Phone (304) Fax (304) STATE OF WEST VIRGINIA, COUNTY OF BERKELEY, to-wit: NOTARY FOR WATER DISTRICT 1,, a Notary Public in and for the State and County aforesaid, do certify that Berkeley County Public Service District doing business as Berkeley County Public Service Water District, whose authorized agent's name is signed to the writing above, bearing date on the - day of,20-, has this day acknowledged the same before me in my said County. NOTARY PUBLIC My Commission Expires: STATE OF NOTARY FOR DEVELOPER COUNTY OF, to-wit: I,, a Notary Public in and for the State and County aforesaid, do certify that, whose name is signed to the writing above, bearing date on the day of,20-, have this day acknowledged the same before me in my said County. NOTARY PUBLIC My Commission Expires: Page 6 of 6

8 TITLE 150 EEGFSLATNE RULE - PUIBLFC SERVICE COMMISSIBR SERIES 7 - RULES FOR TEE GOVERNMENT OF WATER UTIEITIES 5.5. Extension of mains to serve new customer(s) and customers currently served under Rule a. A water utility, whether publicly or privately owned, is under a public seivice obligation to exrend its mains, and its plant and facilities to serve new customers within its service area who may apply for service. 5.5.b. Extensions shall be made in all cases in which the public convenience and necessity require the seivice, construction problems are not unusual or burdensome, and the extensions appear to be economically feasible. 5.5.c. For any proposed extension of mains, a reasonable relationship should exist between the per customer investment to serve new customers and the per customer investment to serve existing customers. 5.5.d. Every effort shall be made by a utility to install its distribution main in the public road right-of-way or in a utiiity right-of-way abutting the public road right-of-way. 5.5.e. Extensions for general water service. 5.5.e.l. The utility will respond to all inquiries regarding new water service, whether oral or written, by explaining all available options for obtaining service under these rules The utility will, upon written request for service in the fomi of Water Form No. 4, by a prospective customer or group of prospective customers located in the same neighborhood, or a customer currently served under subsection 5.4., determine the necessary size of main required to give service and make an estimate of the cost of providing the requested service, using the form of Water Form No. 5, including pipe, valves, fittings, necessary materials, permits, costs incurred by the utility when the utility externally contracts for the construction of the extension, or internal labor costs, provided such internal or external costs are not recovered in existing rates, and other appiicable related costs. When a road crossing(s) is (are) necessary to serve the customer(s) requesting service, the cost estimate shall not include costs athibutable to extending the main across the first road (closest to the already existing main), but shall include the costs of installing the main across a second and any subsequent road(s). The written estimate calculated using Water Form No. 5, shall be provided to the customer in the form of Water Form No. 6, no more than forty-five (45) days from the receipt by the utility of the written request for service. The written estimate shall include an estimated construction start date and an estimated time of construction. Ifthe prospective customer believes that any part of the estimate is unreasonable, the customer is free to pursue an informal request for assistance from the Commission staff or to file a formal complaint with the Commission. Further, the utility and the customer shall execute a Main Line Extension Agreement. Commission Sta8may be consulted to provide assistance and sample foms. The agreement must include as an attachment a copy of this extension rule. The utility shall keep an executed copy of their agreement for at least six (6) years. The ]en,@ of the extension required shall be that length required to extend from the new proposed service area to the nearest point of connection to the utility system having sufficient excess capacity to provide service at maximum demand. 5.5.e.3. Unless service is to be provided by a long service line pursuant to Rule 5.4., whenever the utility is required to extend service from an existing distribution main to property that does not immediately abut the utility s nghtof-way or the public road that contains the distribution main, the extension shall be considered a main extension and cost responsibility shall be determined under this subdivision 5.5.e. 5.5.e.4. Where the cost of the extension does not exceed the estimated total net revenue, as calculated below, from hydrants and prospective customers whose service pipes will immediately be connected directly to the extension and from whom the utility has received applications for service upon forms provided by the utility for this purpose, the utility will install, at its own cost and expense, the necessary exqension; provided that the patronage or demand will be of such permanency as to warrant the capital expenditure involved. 5.5.e.4.A. Net revenue shall be gross revenue minus the excess usage leak adjustment rate approved for the utility, and with this difference further reduced for any revenue based taxes. 5.5.e.4.B. Revenue shall be based on 4,500 gallons per month per residential unit, unless circumstances ofthe qq[ic&i: shisw this would result in significant error. Foc nori-r~;ljeiitid uniis, annual revenue shall be based on

9 t)rpical consumption for comparable units published by the American Water VJorlts Association. 5.5.e.4.C. Estimated total net revenue for private, for profit, utilities will be initially calculated as six (6) times estimated net annual revenue. Each such utility shall file for a line extension multiplier within twelve (12) months of the effective date of these rules. 5.5.e.4.D. The utility-specific line extension multiplier for private, for-profit, utilities shall be based on one (1) divided by the utility s net fixed charge rate. The net fixed charge rate shall equal a function of the utility s weighted cost of capital, applicable income tax rates, and the Commission approved depreciation accrual rate. 5.5.e.4.E. Estimated total net revenue for associations, municipal, and public service district utilities will be calculated as five (5) times estimated net annual revenue. If the excess leak adjustment calculated for the utility fails to include all of the incremental costs of serving a new customer that should properly be netted out from the total revenues of the utility, the utility may apply to the Commission for a determination of the proper amount to be deducted from gross revenues to arrive at an appropriate determination of net revenue. 5.5.f. Extensions beyond the limit of utility-financed extensions of general water service and public fire service, 5.5.f.l. Ifthe estimated cost ofthe proposed extension required in order to furnish general water service exceeds the utility s estimate of total net revenue as determined by paragraph 5.5.e.4., such exqension shall be made if the applicant or the applicant s authorized agent contracts for such extension and deposits in advance with the utility the estimated cost of the extension over and above the limit of the utility-funded portion of the extension. The utility shall not pay nor be liable for any interest on such cash deposits. The utility shall make the extension after receiving the cash ~~KJS:. stility shall, for each bona fide new customer who, f thin a period often (10) years from the malung of such extension, directly connects to the extension between its ori,ghal beginning and the original terminus, refund to the original depositor(s), an amount equal to the estimated total net revenue of the new customer as determined by paragraph 5.5.e.4., but in no event shall the aggregate refund made to the depositor(s) exceed the original deposit. Provided that associations, public service districts and municipal water utilities may elect to refund the estimated amount over a period of five (5) years making payments no less frequently than every six (6) months. 5.5.g. Alternate depositor-financed extension plan. 5.5.g.l. Qualifying utilities. -- The above requirements notwithstanding, the utility may decline to finance the portion of a requested extension that would be utility-funded if it can demonstrate that it has no prospect of any reasonable internal or external financing through commercial loans, grants, or through an installment arrangement with an entity installing the extension or providing the necessary materials. 5.5.g.l.A. If the utility declines to finance the portion of a requested extension that would be the financial responsibility of the utility, the utility shall file for a waiver of the extension rule within sixty (60) days of the written request. 5.5.g.l.B. Before filing for a waiver, the utility must first make an estimate of the extension costs. 53.g.l.C. A request for a waiver by a utility shall be accompanied by supporting documentation justifying its request, including cost estimates, documentation of inability to finance, internally or exqernally, through commercial loans, grants or an installment arrangement with an entity installing the extension or providing the necessary materials, and the proposed agreement. 5.5.g.l.D. If the Commission fmds that the utility has reasonably declined to finance the portion of the requested extension that would otherwise be utility-funded, the Commission shall authorize the use of the alternate depositor-financed extension plan as described below. 5.5.g.2. Description of alternate depositor-financed extension plari. -- Under the alternate depositorfinanced extension plan, the utility shall make the extension after: g.2.A. receiving a cash deposit equal to the full amount of the extension cost; and 5.5.g.2.B. agreeing to give the depositor(s), who is a customer, a monthly bill credit totaling one hundred percent (100%) of the actual net bill(s) from the date service is initiated and until the total credits given equal the

10 estimated total net revenue as defined in Rule 5.5.e.4. and 5.5.g.2.C. agreeing to refund to the original depositor(s) an amount equal to the estimated total net revenue as defined in paragaph 5.5.e.4. of each bona fide customer, other than the depositor(s), who, within a period of ten (IO) years from the construction ofthe extension, directly connects to the extension between its original beginning and the original terminus. The refund may be spread out wer a five (5) year period with the utility making payments no less frequently than every six (6) months. Such refunds shall continue until the total refunds given equal the estimated total net revenue as defined in paragraph 5.5.e g.3. In no event shall the total refund made to the depositor(s) under subdivision 5.5.g. exceed the original deposit of the depositor(s). extensions The utility shall not pay nor be liable for any interest on the cash deposits associated with line 5.5.h. General Provisions. 5.5.h.l. Should the actual cost of the extension be less than the estimated cost, the utility will refund the difference as soon as the actual cost has been ascertained, but in no event longer than ninety (90) days after completion of construction of the extension. When the actual cost of the extension exceeds the estimated cost, then the utility will bill the depositor for the difference between the estimated and the actual cost. No interest will be paid by the utility on the applicant s payment or on any balance to be refinded. 5.5.h.2. In estimating the cost of an ex?ension, the estimate shall be based on the diameter of the pipe to be used; provided that the estimated cost to the customer or customers shall not be based on a pipe diameter greater than the diameter o the main from which the extension is to be made, unless actual consumption estimated for the proposed customer or customers requires a larger pipe h.3. Extensions made under this rule shall be and remain the property of the utility. 5.5.h.4. The utility reserves the right to further extend its distribution mains from and beyond the extension made under this rule, and the depositor or the depositor s agent paying for an extension shall not be entitled to any refund for the attaching of customers to such further extension or branch mains. 5.5.h.5. In determining the length ofwater line to be installed in an urban area when land is subdivided into lots, the main, or water line (if installed by an entity other than a utility), shall be extended to fully cover the frontage of the property, and if the last lot to be served is a comer lot the terminal point of the extension made hereunder shall be located so that the water line ties in with the intersecting street; and further; provided that ifthere is no main located in the intersecting street, the terminal point of the extension shall be located at the nearest street line of the intersecting street. In rural areas or open land areas, the extension required will be that length necessary to adequately serve the applicant. 5.5.h.6. Before water lines will be laid in any new subdivision, the road surface shall be brought to the established sub-grade as determined by the agency having jurisdiction. 5.5.h.7. This rule shall not be construed as prohibiting the utility from entering into an agreement with a customer that complies with the Commission approved checklist attached hereto as Water Form No. 6, providing an alternate plan for a main extension. Commission Staffmay be consulted to provide assistance and sample forms. In providing an alternate plan for main extensions a utility may not discriminate between customers whose service requirements are similar. The agreement shall be filed with and approved by the Commission prior to implementation or execution of the agreement by any of the parties. The agreement shall include the name, address and phone number of the parties to the agreement. The agreement shall also include a provision explaining why the utility is not funding the extension. The agreement must attach a copy of this Rule subsection 5.5., and a statement signed by the prospective customer that he has reviewed and understands the provisions of subdivision 5.5.g. which entitle a customer to refunds and that he knowingly waives such rights, if applicable. Failure to obtain Commission approval will result in the loss ofthe right to obtain reimbursement from the utility. If an entity other than the utility constructs the extension, upon completion of construction and proper utility inspection of the extension, the utility shall initiate service only after proper transfer of title to all facilities including property, plant and rights-of-way incidental to the furnishing of utility service. 5.5.h.8. Contract for service. -- The utility shall not be required to make free extensions or refunds as

11 described in this rule unless those to be served by such extension shall guarantee io the utility that they will talte water service at their premises within thdy (30) days after water is turned into the main or as otherwise niutuslly agreed in a user s agreern en t. 5.5.h.9. Construction conditions. -- Construction of line extensions, as provided in this rule, will be undertaken promptly after all applications have been completed, necessary right-of-way agreements or rights of entry have been delivered to the utility, and all prospective customers have signed contracts. 5.5.h.10. Right-of-way. 5.5.h.10.A. If the construction of an extension involves the acquisition of a private right-of-way, then the prospective customer shall attempt to secure the right-of-way and deliver it to the utility free of cost before construction of the extension is started. 5.5.h.10.B. If, however, it is not reasonably possible for the prospective customer or customers to secure the right-of-way, and the construction of an extension involves the utility s incurring expense for right-of-way easements, either by purchase or condemnation, such costs shall be added to the total cost of the extension. 5.5.h.10.C. As a condition to obtaining a main extension, any property owner or developer shall grant the utility the necessary easements to allow the utility to make fiture extensions into unserved areas. The granting of the necessary easements shall be made without the utility being required to pay additional consideration for the additional easements to the property owner or developer. If the property owner or developer is unwilling to grant the additional easements, the utility shall not be required to extend its main to serve the property owner or developer. 5.5.h.11. Upon the proper filing of a Tariff Rule 42A, 42T, or 19A rate case or a certificate case filed pursuant to W. Va. Code $ by the utility, the utility may seek to include in its tariff a Capacity Improvement Fee, Capacity Assurance Fee or such other fee or charge designed to raise capital to cover the cost of future capacity expansion to be assessed against customers or entities creating those costs. 5.5.i. Community infrastructure investment agreements with municipal utilities and public service districts. 5.5.i.I. Notwithstanding the foregoing, municipal utilities and public service districts may enter into community infrastructure investment agreements in accordance with the provisions of W. Va Code $ et seq. 5.5.i.2. Utilities that have entered into community infrastructure investment agreements pursuant to W. Va. Code $ et seq. shall be required to maintain separate books and records for the project areas involved in the agreements. For purposes of this section, the project areas for which separate books and records are required include plant upgrades and stand alone systems. 5.5.i.3. Utilities that have entered into community infrastructure investment agreements pursuant to W. Va. Code $ et seq. shall file (i) a copy of the certificate of appropriateness, (ii) a copy of the community infrastructure investment agreement, and, if necessary, (iii) a new tariff containing rates applicable to the new service area, The required documents shall be filed with the Commission no later than thirty (30) days ofthe date the project is transferred to the utility. 5.5.i.4. If the rates for the new customers served by a public service district s project are higher than the rates for the public service district s existing customers, the public service district shal1, within ninety (90) days of the date the project is transferred to the public service district, make a formal rate application with the Commission in order to justify the higher rates to the new customers. A municipality shall enact an ordinance increasing rates, if necessary, within ninety (90) days of the date the project is transferred to the municipality.

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