Virginia American Water welcomes the opportunity to comment on the Virginia Department of Transportation proposed Land Use Permit Manual (24 VAC 30 – 151). 

Virginia American Water, a subsidiary of American Water, provides quality, reliable water and related services to more than 320,000 people in 22 communities across the commonwealth.  The company is an integrated part of the communities it serves and is committed to meeting community needs. However, several sections of the proposed Land Use Permit Manual will have an adverse impact on our customers. 

Following are the concerns of Virginia American Water, which we have outlined by section:

24 VAC 30-151-10:  This section distinguishes between private (for profit) and public (non-profit) utilities.  There is no basis for distinguishing between classes of utilities since each are installing/utilizing the same type of equipment i.e. piping, etc. and using the easement for the same purpose. 

24 VAC 30-151-30:  This section would require a single-use permit every time required maintenance would disrupt a public road in the event of an emergency.  The time required to apply for, and obtain a single-use permit could adversely affect public health and safety if we are not able to response immediately to a leak or another event.  In addition, the costs associated with the permit fees would ultimately be recovered from customers through our rates. Virginia American Water strives to provide high quality dependable water and related services to its customers at an affordable price. 

24 VAC 30-151-340:  We believe this section is discriminatory because there is no basis to differentiate between public or private utilities.  In addition, there is no finite, defined compensation.  Finally, a shared resource arrangement is not adequately defined in the regulation (see 24 VAC 30-151-30.D.2.).

24 VAC 30-151-720:  Surety is required when working within a right of way in the form of a check, cash, letter of credit, insurance bond, etc.  This will increase the cost of projects and ultimately increase the cost of services we provide to our customers.   

24 VAC 30-151-730:  Virginia American Water opposes the annual accommodation fee for limited access highway set forth in this section.  Costs that are born by the utility are passed onto our customers through higher rates, and we strive to provide high quality dependable water to our customers at an affordable price.