ONLY ONE DAY(coincidence?, I think not!) after a Deliberative Session to discuss Large Groundwater withdrawals, Most of us were notified by mail that HAWC has filed a case with the PUC to;
1.) Take out a $1.1 Million dollar loan form the State revolving fund, to do what with you may ask?
2.) To EXPAND THIER FRANCHISE AREA!!! You see part of main st. between Atkinson and Hampstead is not currently in their franchise. They want to expand their franchise so that when our wells have been drained dry, we can buy our own water back from them!
3.) To RAISE THEIR RATES AGAIN so that WE CAN REPAY THEIR LOAN FOR THEM!
So lets see how this works;
They need the loan to hire a company to build infrastructure to link the two water systems together. Lewis Builders will probably get the contract, so The State lends the water co. $1.1M which they pay to Lewis Builders, and charge us to repay!
WHAT A SCAM!
And what about our Selectmen?? They say it is not their job! They say it would be illegal! They say the State will take carew of us! They say HAWC will never draw down our water table!
Guess what, selectmen.... The State cares about New Hampshire! They don't give a shit about Atkinson, NH. As long as the water is staying within the state they don't care!
And here is another little gem for our do nothing BOS; EVERY TIME a Town has intervened in a case of this kind, with any reasonable arguement, the State has upheld the town!
But our selectmen won't do anything, it is not their job!
If our selectmen were to REALLY reprsent us, they would have Town Counsel file the paperwork to intervene, so that the Town's side of the case could be heard, because if the Town says nothing, the State AUTOMATICALLY GRANTS THE WATER COMPANY'S PROPOSAL!!
Atkinson Town Hall
The Norman Rockwellian picture of Atkinson
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It appears that HAWC has more than one action in the works. Check this out.
http://www.oca.nh.gov/OCA%20Activity%20-%20Water.htm#5
DW 08-065 Hampstead Area Water Company Rate Case
On April 28, 2008, Hampstead Area Water Company (HAWC) notified the Commission of their intention to file a rate case. On June 25, 2008, the Company filed its case. The Company has requested an annual increase in permanent revenues of $167,193, effective July 1, 2008. According to the Company, an average residential customer would experience an increase of 13.77%, or their rates would increase by $58.50, from $424.92 to $483.42. The Commission has not yet issued an Order of Notice.
The recent Order of Notice from the DES is posted on the DES website:
http://www.puc.state.nh.us/
Regulatory/Orders%20of%20Notice/
073008onDW08-088%20Hampstead.pdf
I was unaware that NH had this State Revolving Loan Fund (SRF). So I searched the internet and found this:
http://www.des.state.nh.us/wwe
/srf.htm
Where it states: "The State Revolving Fund Loan Program is a low interest loan program to assist communities with the design and construction of eligible wastewater projects and unlined landfill closure projects. The requirements for obtaining a SRF loan are generally the same as for the State Aid Grant program except that obtaining a SRF loan for construction also requires the solicitation of minority and women's business enterprises for participation in the project."
I read this to say the SRF is to assist communities, but the "Order of Notice" indicates HAWC is a "a regulated public utility". Does that mean HAWC is a governmental entity like a community? On the same DES page where the "SRF purpose" is stated, there are the administrative rules: http://www.des.state.nh.us/rules/env-wq500.pdf
The rules state: "Applicability. The rules in this chapter shall apply to any governmental entity that borrows or wishes to borrow funds from the SRF."
So the question I have is this: Is a "regulated public utility" a "governmental entity"? If so, then I guess HAWC is eligible to apply for funds from SRF. If not, then can they request the $1.1M, legally?
By the way, the SRF purpose, stated on its web page, says its for "wastewater projects and unlined landfill closure projects". How does this purpose align with HAWC's interest to "extend its franchise area" and use SRF funds as follows:
"The proceeds from the proposed financing would be used to fund the construction of an interconnection between HAWC’s two core systems in the Towns of Hampstead and Atkinson of approximately 15,000 feet of 10" PVC water main along Route 121. HAWC asserts this interconnection is supported by DES, and that connecting the two core systems provides stability and responsiveness to the two core systems both as to overall water supply and emergency supply.
"There is an RSA on this: http://www.gencourt.state.nh.us/rsa/html/III/33/33-5-d.htm
None of what I read in the "Order of Notice" appears consistent with the purpose of the SRF and the entities (governmental) that are eligible to use SRF funds. Plus, I wondered if/how Lewis Builders gould potentially qualify as a "minority and women's business enterprises for participation in the project." I wondered, who are the actual shareholders of HAWC? That is when I found this on the internet:
http://www.puc.state.nh.us/Regulatory/Orders/2007orders/24803w.pdf
Turns out Lewis Builders sole shareholder is now Christine Lewis Morse which I guess makes it a women's business enterprise, now doesn't it?
I believe in doing what is right and what is legal. But based on what I read, and I cannot say I am an expert on this, but there are a number of legal questions here and I would like our town counsel to tell us whether the town of Atkinson should object to the HAWC request because it does not qualify as a govt entity nor does the purpose of its funding request align with state statute governing the SRF.
The end result of all this may only block the SRF funding. It may not block the request for water withdrawl/franchise extension and HAWC could get a loan elsewhere to fund the work.
Just my two cents.
Excellent work, thanks you for taking the time to do that research.
Now all we need are selectmen that actually care about our town's resources...
Is the town going to petition for intervenor status?
Ask the selectmen.
Call the office.
they must intervene.
We need representation and protection for our interests.
anyone getting an answer please post the answer.
A company like Lewis/HAWC with its deep pockets asking the state for a low interest loan to extend its franchise is yet another example of the character of this enterprise. When I think of these people a quote from an old movie comes to mind:
"I got scruples too you know. You know what that is? Scruples?" "No, I don't know what it is, but if you got 'em it's a sure bet they belong to somebody else!"
One question I'd like to know about this proposed pipeline is, which direction is the water going to flow? HAWC said at their presentation last spring they will not sell Atkinson's water outside of Atkinson. Does this mean Hampstead's water is coming to Atkinson? Has anyone told Hampstead? Or, heavens to Betsy, did they mispeak???
Let's get another town mad at them.
Please make this a link and place it in your main article under the title so everyone can access the puc order with ease.
thanks
http://www.puc.state.nh.us/Regulatory/Orders%20of%20Notice/073008onDW08-088%20Hampstead.pdf
Now you have to be kidding me? It is bad enough that they are trying to get your water, but having us pay for this loan, Why didn't we get this information before the town meeting? Mmmmm, you wonder? They are just sneeky.
Great work -- thanks very much for getting the information out there for us! I hope people are reading, this stuff couldn't be more unbelievable if it were fiction...
At least one member of the Planning Board knew about this at the meeting Monday night. Curious he didn't mention it while he was trying to gut the second petition.
To anon 8/13@3:34 pm.
There is more than one DES State Revolving Fund.
I think that the drinking water fund is the one that is intended.
From http://www.des.state.nh.us/asp/Grants/index.asp?gotoLoans=1&loans=dwsrf:
Drinking Water SRF (DWSRF)
The Drinking Water SRF (DWSRF) provides loans to both municipalities and private water system owners (such as mobile home parks) to improve public water supply systems. It also funds the protection of critical water supply lands through a variety of source water protection activities.
Public water systems play a critical role for New Hampshire's public health infrastructure, supplying 70 percent of the state's residents with their drinking water. Under the 1996 Safe Drinking water Act, federal funds have been provided and matched with state money. This SRF program provides 20 to 30 percent of the costs for addressing municipal surface water filtration needs. Some lower-income communities may qualify for additional subsidies based upon affordability criteria.
The DWSRF loan money can be used for installing or upgrading drinking water treatment facilities to comply with standards; rehabilitation or developing sources to replace contaminated sources; installing or replacing water distribution pipes; increased technical assistance; and acquiring land from willing sellers to protect existing and future water supplies. The State awards an average of $9.3 million annually for these drinking water projects, and almost $22 million has been awarded in the last five years.
For more information
on Drinking Water SRFs, contact Rick Skarinka at (603) 271-2948 or e-mail rskarinka@des.state.nh.us.
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