HomeMy WebLinkAbout1974-09-17 Min - Board SEPTEMBER 17 , 1974
The regular meeting of the Board of Directors of the Truckee-Donner
Public Utility District was called to order by the president at 7 : 30
p.m. in the conference room of the District.
ROLL CALL: Craig, present ; Sutton, present ; Anderson, present ;
Waters , present.
EMPLOYEES PRESENT: Kinzie , Cash, Grow, Rose
OTHERS PRESENT: Ray W. Smith, Fred Whitford, Don Strand, James A.
Maass, Fosten Wilson, Marigrey Fish, Adolph Moskovitz ,
Charles S. Doskow, Steven Lescher, Bob Rosenburg, Dan
Waller, Barry Boelk, Arthur Broughton, Lowell Northrup ,
Dennis Goldstein, Gene Gini , James F. Trout, Bob Heght ,
Lester Grimes .
MINUTES OF AUGUST 29 , 1974, AND SEPTEMBER 3, 1974
The president asked if there were any additions , corrections , or amend-
ments to the Minutes of August 29 and September 3, 1974. Mr. Cash
commented on a statement made at the September 3 meeting. On Page
Four, third paragraph, the sentence starting with, "The minimum level. . . "
the statement made during the meeting was that the minimum level of
500 gpm was required by the State ; however, the minimum acceptable
level of 500 gpm is in accordance with the Supplemental Water AGreement
with Dart. Mr. Cash wanted to clarify this point.
Director Sutton asked that the minutes of the Adjourned Meeting of
August 29 be corrected on Page two, 2nd paragraph beginning with
"Director D. Anderson. . . " , the sentence starting with "Mr. Joynt said that
he has demurred. . . " The last work in that sentence should be demurer
rather than complaint.
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It was moved by Director Sutton and seconded by Director Craig that
the Minutes of August 29 be approved with the above correction. All
aye ; motion carried.
It was moved by Director Craig and seconded by Director Anderson that
the minutes of September 3 be approved. All aye ; motion carried.
BILLS FOR BOARD' S APPROVAL
Mr. Cash explained the Nevada County bill as being the amount due for
all delinquent Truckee Sanitary District assessments for the 1973--74
tax year against the district on parcels owned by the district. This
also includes penalties in the amount of $383. 64 and costs of $65 . 00.
Mr. Craig asked if a fund should be establishedto accrue amounts to
pay the assessments on a yearly basis when due . Mr. Cash said it would
be proper that it be done as soon as funds are available .
The RTE bill in the amount of $5 ,090. 40 again appears on the list of
bills to be approved for payment. This was deferred from the last
board meeting as it exceeds the $2 , 000 limit for materials ordered
without formal bid call .
Director Sutton moved that the bills be paid with the exception of the
RTE bill in the amount of $5 , 090. 40. This motion was seconded by Mr.
Craig. A letter has been written by Attorney Joynt regarding the amount
due Westinghouse Electric Supply Company for a similar purchase which
made reference to the RTE purchase. ROLL CALL: Craig , aye ; Sutton,
1 aye ; Anderson, no ; Waters , no . Rex An erson explained his no vote as
placing the District in an embarrassing situation by not paying the
amount due for these transformers.
Director Sutton requested that the board receive a breakdown of deposits
showing money received from revenue , interest, etc.
Approval of the bills was tabled until later in the meeting.
The Public Hearing on the negative environmental declarations was
tabled until after the discussion with Martin McDonough regarding the
Donner Lake EIR.
Pg. 214
DISCUSSION WITH MARTIN McDONOUGH
Mr. McDonough was present at the meeting to answer any questions the
Board may have on the draft EIR and matters pertaining to water and
water contracts. Director Craig asked if Mr. McDonough had attended
the meeting with the State Lands Commission held last Thursday, September
12 , which was in preparation for the public hearing to be held Tuesday,
September 24 in Truckee on the Draft Environmental Impact Report.
Mr. McDonough did not attend that meeting nor did any representative
of the District . .
Director Craig asked Mr. McDonough if he had a copy of the California-
Nevada Interstate Water Compact as referenced to in the draft EIR.
Mr. McDonough said he had a copy of it in his office and that he could .--.
send the District a copy of it .
Director Sutton asked how the amount of 4, 000 acre feet per second
became the figure used by the District in the draft EIR when the
amount under the application could be greater. Mr. McDonough said
that the Walters , Ball , Hibdon, F Shaw report recommended the use
of 4, 000 acre feet. Then when the District negotiated with Sierra
Pacific, the agreement was that 1, 000 acre feet could be withdrawn the
first six months of the year and an additional 1 , 000 acre feet could
be withdrawn the second six months of the year. Negotiations also
provided that if the District executed a contract for 50o replacement
of water from the Stampede Project within ten years , Sierra Pacific
would not object to the District obtaining an equal amount under its
own water permits. This represented the 4, 000 acre feet amount . At
the time of filing the application, a paragraph was added to the
supplement which said the projected water requirement for the year 2020
is 4, 000 acre feet . The 7. 5 cubic feet per second is the maximum
average rate of diversion per month. Mr. McDonough said that the
district would not be able to use 7. 5 cfs monthly. The hydrologist
computed that if the district were allowed to take up to an average of
7. 5 cubic feet in a month plus 2 , 140 acre feet of storage during the
second six months that the yield is about 4 , 000 acre feet.
The application to the State water Resources Control Board was pre-
pared by Don Kienlen and reviewed by Mr. McDonough prior to sub- --_,
mittal. The water rights to the Hofert and Sawtooth Springs water
that the district is entitled to are being transferred to Donner
Lake. Mr. McDonough explained this as being legal as Donner Lake
and the two springs are tributaries , of the Truckee River.
Director Sutton asked Mr. McDonough to explain the request made by
the Nevada County District Attorney that the District require a use
permit for the facilities at Donner Lake. Mr. McDonough stated that
the District Attorney said that a Use Permit was required by the
Planning Ordinance of Nevada County and the County Counsel believed
that it was not. Mr. McDonough was advised that a use permit was not
required by the County Counsel. This statement may not have satisfied
the District Attorney. Mrs. Sutton did not understand hoer the intake
facilities were allowed to be constructed without any type of permit
required. Mr. McDonough stated that he cited a statute t6the
District Attorney which exempted the District from getting a use per-
mit had the facilities been constructed by the District. However,
since construction was being done by Dart Resorts , the question was
whether or not Dart needed a use permit. Mr. McDonough said he had
correspondence in the office regarding the basis for the decision by
the County Counsel which stated Dart Resorts did not need a use
permit to construct the facilities. He would have to give the Board a
written report on this .
Director Sutton asked how the State Lands Commission became the Lead MO`"
Agency rather than this District. Mr. McDonough believed that it
was the Lead Agency on the principal that it was the State Agency that
was being asked to do something. He also stated that there was talk
of having the EIR prepared by the District; but since the action of
this District in entering into the contract had antedated the enact-
ment of the Statute in 1970 , it was concluded that this District was
not required to have an EIR in order to complete the project under
the contract . As soon as the District went to the State Lands
Commission (or the Water Resources Control Board) , an EIR would have
to be considered by the agency.
Page Two - Sept. 17 , 1974 Page 215
Discussion with Martin McDonough . . . continued
Director Sutton surmized that because the State Lands Commission
assumes the roll of Lead Agency and allows the subdivider to select
the consulting firm which this Board (under previous composition)
acquiesced to in Resolution without active participation, someone
has lost control over the contents and determining the adequacy of the
report. Mr. McDonough stated that the State Lands Commission has
determined the contents of the report. They have obtained the materials
from information submitted by Jones and Stokes and requested Jones and
Stokes to make revisions in that material . Director Sutton felt that
there has been some selective activity on the part of someone as to
what information this District has that is included in the report.
,—� Mr. McDonough advised that any information the District has relating
to the environmental impact should be submitted to the State Lands
Commission. He explained that the Jones and Stokes personnel attempted
to do this through the District' s consultants .
Mrs . Sutton asked if Mr. McDonough would comment on the Truckee-Carson
Irrigation District ' s rights as Tenants-in-Common with S .P.P.Co. under
the 1943 agreement with Donner Lake Company. When negotiations commenced
with Sierra Pacific, Sierra Pacific suggested the contract be with both
agencies, but because of extensive litigation over Truckee-Carson' s
water rights , the contract was entered into with Sierra Pacific on
the basis that Sierra Pacific has sufficient water from Donner Lake
and otherwise to supply our needs without the consent of Truckee-Carson.
Mr. McDonough stated, in his opinion, that tenants-in-common could
dispose of all or part of their interest in property without affecting
the other party (ies) involved.
Director ' Craig asked that the location of the Donner Creek well be
looked into as he was under the impression it was not located on PUD-
owned land.
f Director Sutton brought up the statements in the EIR which refer to the
District deciding not to continue the utilization of wells and springs
and looking to Donner Lake water as the primary source of water for
the entire district. In doing this , it makes the 4, 000 a/f from Donner
Pam" Lake a necessary source. Mr. McDonough said that the State Lands
Commission should be aware that the District is drilling wells and
exploring ground water sources . Mr. McDonough said that in 1968 , the
ground water sources were not producing as they are today and quality
of the ground water was not very good. This was when Donner Lake
water was first being looked into.
Mrs. Sutton asked Mr. McDonough if there would be any impropriety
for the District to make a statement to the State Lands Commission
regarding the EIR. She personally had reservations about the draft
EIR being considered for final acceptance until the ground water study
has been completed which may indicate alternate sources of water.
Some Directors did not understand how the study done by Walters , . Ball
Hibdon, and Shaw could be leaned on so heavily in the draft EIR when
it had never been adopted by the District as a master water system
plan. It projected the total population for the District in the year
2020 as 15 , 520 when the Tahoe Donner project itself projects a pop-
ulation of 19 , 000. Director Sutton could find no record of the Board
of Directors of the District ever deciding to abandon wells and springs,
provide chlorinated water to all of the District , and that the ground
water study was an important thing as an alternate source to Donner
Lake water. She felt the State Lands Commission should be aware of
these differences. Mr. McDonough stated that it would be appropriate
for the Board to give the Commission Staff any information it may have
either in a public hearing or in written form. Mrs . Sutton asked if
j� Mr. McDonough was aware of any authorization by the District giving
t Dart Industries the go-ahead to place the intake pipe and build the fil-
tration facilities at Donner Lake except Cattan and Cook' s signature
on Detail Plans on April 2 , 1973. Mr. McDonough was not aware of
any such authorization. The facilities were constructed prior to the
legal rights to the water having been obtained by this District.
Mrs. Sutton asked if the original agreement with Lakeworld Development
Company (now Dart Resorts) was primarily on to service water to Tahoe
Donner or serve Tahoe Donner with water from Donner Lake. Mr. McDonough
thought it provided for the supplying of water to the subdivision
which the District did not have without going to Donner Lake.
Lakeworld agreed, as a condition to the District' s assurance to serve
Tahoe Donner with water, that they would construct the facilities as
outlined in the agreement. The object of the original contract was to
Page Three -- Sept. 17, 1974 Pg. 216
Discussion with Martin McDonough . . . continued
supply Tahoe Donner with water and provide other water sources to the
district. Mr. McDonough said that the District does not have to serve
Tahoe Donner with water from Donner Lake but is obligated to serve
Tahoe Donner with water. He said that the District could serve the
subdivision with water from another source and use Donner Lake water some-
where else within the District. If the Board wants to propose another
source of service for the subdivision, then Mr. McDonough thought
negotiations should be made with Dart.
Mrs. Sutton asked why the State Water Resources Control Board has
taken five years to act on the District' s application for water, and
whether the delay was due to the number of protests . Mr. McDonough said the delay is now because of the litigation by the State Lands
Commission against the District. The State Water Control Board has '
taken the position that the Lands Commission should make its decision
regarding the lawsuit prior to ruling on the water rights application.
Mr. Anderson felt the direction the board should take is to hold a
special meeting if necessary prior to September 24 to go over any
items of the draft EIR that they would like as a board to bring to
the attention of the State Lands Commission and at that time have
Mr. McDonough, Mr. Joynt, Mr. Cash, and any board members that wish
to attend be at that meethg. Mr. Anderson believed that the Board has
established a policy by Resolution which supports the filing of
the application with the State Lands Commission and withdrawal of water
from Donner Lake. He referred to Resolution 7004 , Lakeworld Contract ,
and Resolution 7321 , Authorizing the Manager and Counsel to File an
Application for a lease of the Donner Lake Intake and the State Lands
Commission. It was decided to hold an executive session following
tonight' s regular meeting to discuss with Mr. McDonough the District ' s
stand on the draft EIR and recommendations on its contents .
Rate Case
Mr. McDonough presented the Board with copies of the rate increase
statistics and reviewed the figures with the Directors ; a copy of
which is attached. The position of the District was in support of r"'
the FPC staff findings. September 5 was the deadline for exceptions
to be filed on the initial Commission decision which Mr. McDonough
did. There is a provision in the rules for a filing of a reply to the
brief on exceptions twenty days after the exceptions are filed and
that expires September 25 . The Board agreed that Mr. McDonough
should file further exceptions to Sierra Pacific Power Company' s
rate increase.
PUBLIC HEARINGS ON NEGATIVE DECLARATIONS
The public hearings on the negative declarations on the West River
Street Main Extension, Armstrong System Upgrading, and Highway 267
INterfie projects were tabled until the next regular meeting of
October 1 due to the fiteen-day requirement that the negative declar-
ations be filed with the Nevada County Clerk prior to the public
hearing. To date , this requirement has not been met. All directors
agreed that these public hearings should be tabled until October 1 .
RESOLUTION ACCEPTING IBEW CONTRACT
The Directors were presented with a current copy of the 1974 employee
contract. Director Craig requested a list of the employees and
what classification they come under in the agreement . There being
no further discussion, it was moved by Director Anderson and
seconded by Director Craig that Resolution 7421, Employee Contract ,
be adopted. ROLL CALL: Craig, aye; Anderson, aye; Sutton, aye ;
WAters , aye.
MEETING TIME WITH REPRESENTATIVE OF ALEXANDER GRANT & COMPANY
Mr. Cash asked that the Board set up a date and time to meet with Mr.
Jim Murphy of Alexander Grant to present and review the type of reports
to be received .monthly on the financial position of the District. It
was decided to place Mr. Murphy first on the agenda of the meeting of
October 1 , 1974, prior to Approval of the Minutes or Bills .
Page Four - Sept. 17 , 1974 pg. 217
GRANTING AN EASEMENT FOR PIPELINE TO U. S. FOREST SERVICE
A resolution was presented to the Board which grants the Forest Service
an easement to construct a pipeline on District property. This was
delayed from the previous meeting because the location of the pipeline
was changed. It was moved by Director Anderson and seconded by Director
Craig that Resolution 7422 , Authorizing Execution of Easement with U.S.
Forest Service, be adopted. ROLL CALL: Craig, aye ; Anderson, aye ; Sutton,aye;
Waters , aye. So moved.
District Counsel Reports
Mr. Joynt reported that the attorney representing Jones and Rich was
ranted twenty days to amend their complaint as authorized b h
g Y Y P y the Board
The deadline for this is Monday, September 23. Nothing to date has been
heard regarding that amendment.
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MANAGER' S REPORT
Discussion of Installation of Underground Power on Alley Street
On Alley Street in Downtown Truckee, the Telephone Company is going
underground with their facilities 800 feet. They have proposed the
District jointly doing the trenching work with them at an estimated
cost of $3. 00 per foot or $2 , 400 for laying four-inch conduit to be
used for future undergrounding of power. Mr. Cash did not think an
opportunity of this nature would come up again. Mr. Cash recommended
that only the conduit be laid and the wire not pulled at this time.
The conduit is presently in stock, originally purchased for the Tahoe
Donner Substation. The work can be done by present personnel . Mr. Cash
was asked to present a further estimate of personnel time and cost of
j conduit. All Board members were in favor of working jointly with the
j Telephone Company to install underground conduit on Alley Street in
Truckee. They requested project costs by the next Board meeting .
Miscellaneous
Mr. Cash reported that on Thursday, September 19 , the public opening
and tabulation of the construction bids for the W. River Street project
are scheduled. Mr. Ed Ness needs the information on the bid openings
by the following Friday to continue with the proceedings of the Assess-
ment District. The bid award will be considered after the public hear-
ing on October 1. The Bond Attorney needs the low bid to make final
adjustments in the Engineer' s Estimate.
The amount spent on the meter testing room to date for room construction,
heating, ventilation, insulation, and labor is $4, 150. This does not
include the cost of the meter tester.
{ The Tahoe City Recycling Center has requested the use of the District' s
Board room for the purpose of holding their Board of Director' s meeting.
Allowing the room to be used would necessitate an employee of the Dis-
trict coming to the office at the beginning of the meeting to open the
door and stay until the meeting is over. Mr. Anderson felt there are
other public meeting places in the area which would allow the group
to meet without increasing personnel costs . The Hospital District ' s
Board room and School District ' s Board room were given as examples .
Director Sutton felt the District ' s Board room was a public building
to be used by the public.
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It was moved by Director Sutton that the Board allow North Tahoe Recycl-
ing Center Board of Directors use the Board room on Wednesday, October 2 .
Seconded by Director Craig. ROLL CALL: Craig, aye ; Anderson, no ;
Sutton, aye; Waters , no. Director Waters said he would be in favor of
the motion if the cost of the personnel to be present while the meeting
is being held is paid by the group. Director Anderson favored the motion
if it would be stipulated that the use be for one meeting only. Director
Waters agreed to this . Finally it was informally agreed not to make
the room available for other meetings .
ef
Mr. Cash corrected a statement he made at the last regular meeting re-
garding the Donner Trails and Soma Sierra Tanks not being metered. These
two tanks are metered along with the Northside well. They are presently
pumping more water from the N. S. well than is being used within the Tahoe
Donner subdivision.
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Page Five - Sept. 17 � 1974 P 218
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MIscellaneous . . . continued
Dr. William Donnelly has requested power to his medical office under
construction near the hospital. The installation will require two-
300 KVA transformers . One transformer will supply the offices and the
other will supply heating tapes to be installed in- the sidewalk area
and driveway entrance to melt snow during the winter months . Mr. Cash
suggested a rate re-evaluation affecting the medical offices as there
is only one other service similar to this and it is the Southern Pacific
track heaters . Mr. Cash said that other utilities charge a montly
minimum of $ . 75 per KVA which would be $225 for a 300 KVA connection.
Since Dr. Donnelly intends to open the offices around Christmas , Mr.
Cash requested the Board waive purchasing procedure and authorize
the manager to negotiate the purchase of the transformers , determine
the price and delivery and report back at the next meeting with a
recommendation as to what action should be taken. Staff was notified
of the need for the transformer installation approximately two weeks
ago. Director Craig moved that this be declared an emergency situa-
tion and the manager be authorized to negotiate for the price and
delivery date of two 300 KVA transformers and report back to the
Board with recommendations . Seconded by Director Anderson. ROLL CALL:
Craig, aye; Sutton, no, could not vote "yes" as it is the same kind o
thing the Board has been doing for years that she has criticized;
Anderson, aye ; Waters, aye .
Mr. John Dod has written another letter requesting payment of travel
expenses to the Interim Manager interview on July 9 . Mr. Dod states
that Mr. Paulus ' statement regarding the payment of traveling expenses
constituted a verbal contract. The second letter received contradicts
statements made in the first letter. Director Sutton moved that the
District pay the total bill . This motion died due to a lack of a
second. The remaining Board members felt the bill should not be
paid and Mr. Dod should be told this.
Mr. Cash reported that Harold Heidrick, the District ' s Electrical Con-
sultant , did not feel the energizing of power lines in Tahoe Donner
constitutes legal acceptance of power line construction. The rela-
tionship of power line acceptance with County road acceptance has
been referred to the County. Mr. Cash said that the County will
write a letter on this but feels there is no remote connection.
BILLS FOR BOARD' S APPROVAL
Consideration of Bills for Board' s .Approval was discussed again.
Director Anderson felt that failure to pay the RTE bill would place
the District in an embarrassing situation especially since contacts
will be made to RTE on transformer bid quotes . Director Craig saw no
point in delaying payment to RTE if nothing is going to be done about
future payment. Director Sutton felt that if the board discovered
some sort of mismanagement in specific instances , the Board is obli-
gated to take specific action if there is any action that can be
taken. By paying the bill , she felt any basis of recourse is destroyed.
Director Craig moved that all the bills be paid. Seconded by Director
Anderson. ROLL CALL: Craig, aye ; Sutton, no; Anderson, aye ; Waters ,
aye. So moved. Mr. Joynt did not think there was any more research
he could do on the legal position of the Board and any decisions would
be left up to the Board.
It was moved by Director Craig and seconded by Director Anderson that
the meeting be adjourned to Executive Session. The regular meeting
was adjourned at 11 : 00 p.m.
---,
At 1 : 00 a.m. the Board closed the executive session and reopened
in regular session.
It was moved by Director Anderson and seconded byr Director Craig that
Martin McDonough' s statement be presented at the September 24 , 1974,
hearing with the following changes (a copy of Mr. McDonough' s state-
ment is attached as part of the minutes) :
1. Page two, Paragraph 3, line 7, beginning with comma - change to
read, "that will change the levels of the lake as shown in the relative
graphs in the EIR. "
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Page Six - Sept. 17 , 1974 _ P . 219
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Action Taken after Executive Session. . . continued
2 . Page 3, Paragraph 2 - delete the first sentence
3. Include in the statement the desire of the Board to incorporate
into the EIR the pending ground water study being conducted by Dr.
John Sharp .
Motion carried by voice vote.
It was moved by Mr. Waters and seconded by Mr. Anderson to advise
Westinghouse Electric Supply Company by phone and follow-up letter
that the Board assumes no responsibility to accept delivery of or
agree topayment for transformers ordered on our Purchase Order 2195
g
dated August 15 , 1973 , in the amount of approximately $16 , 000 .
Action taken on basis of our purchase order having been issued in
violation of Public Utilities Code provisions with no knowledge of
the transaction by the Board. ROLL CALL: Craig, aye; Sutton, aye ;
Anderson, aye ; Waters , aye.
The Board approved the release of the names of the candidates for the
vacancy on the Board and set 9 : 00 p.m. , October 1 , 1974, as the time
for each candidate to publicly make a three to four minute presentation
of his background and interest in the position. The applicants are :
James A. Maass , Brian Flaherty, Bob Christensen, Karl Kuttel , Fosten
Wilson, Jr. , Ray W. Smith.
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The meeting adjourned at 1 : 10 a.m.
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TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
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By:
Roy Waters , President of the Board
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Merril n Kinzie Record'i—n—g-Toretary
Page Seven - Sept. 17 , 1974
Pg. 220
9/16/74
TEST YEAR 1972 RATE INCREASE STATISTICS
FPC DOCKET E-8224, SIERRA PACIFIC POWER CO.
line
1 increase requested by application $ 146,371
2 recover of probable refunds from proceeding Y P prior proce�.ding 32,500
3 total effective increase (line 1 + line 2) 178, 871
4 revenues under present rates before refund $1,337,3'19
5 apparent increase (line 1 -:- line 4) 10. 9%
6 revenues under present rates after refund
(line 4 - line 2) $1,304,819
7 real increase (line 3 line 6) 13.7%
8 Truckee-Donner bill, present rates $ 445,602
9 Truckee-Donner bill, proposed rates 511, 423
10 increase (line 9 - line 8) 65,821
11 rate of increase (line 10 line 8) 14. 8%
12 Truckee increase as portion of total increase
(line 10 line 3) 36. 8%
NOTE: Lines 1, 4,. 5, 8, 9, 10, 11 from application
lines 2 and 6 based on RT 204, lines 11-12, and top
of p.3 of Initial Decision,
q,17 7 Pg2 21
9/16/74
POSITIONS ON COST OF SERVICE ISSUES,
FPC DOCKET E-8224, SIERRA PACIFIC POWER CO.
Staff,
Fallon &
Issues Company T-D PUD A.L.J. *
1 rate of return 9. 0% 8. 3 4 0 8.6 0
2 ( xeduction in revenue
increase) 0 $46,700 $23,000
3 regulatory expense total $ 75,000 30,000 631000 (?)
4 annual expense 370,500 6,000 210,000
5 (reduction in revenue 0 31,500 16,500
increase)
6 . annualized wage increases two increases none one increase
7 (reduction in revenue
increase) 0 6,700 31300
8 working cash 45 days require-
ment less 10o not ruled on
9 (reduction in revenue
increase) 0 1, 100
10 interest deduction 4,595,000 51290,500 not ruled on
11 (reduction in revenue
increase) 0 16,800 ?
,•--12 functionalization of by .plant by salaries
general & common plant function and wages not ruled on
13 (reduction in revenue
increase) 0 4, 100
14 lines serving Fallon allocated to re- included in
and PG&E sale customers system not ruled on
transmission
15 (reduction in
revenue increase) 0 34,900 ?
16 ( miscellaneous
reductions) 0 3,700
17 total reduction in .
revenue increase 0 145,500 42, 800
*Except for line 1, the figures are my estimates; the Administrative Law
Judge gave none.
-7--7 4 Pg. 211-A
Juno.0000,11,Q- /
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Chapter I--Federal Power Commission § 1.31
or rule suggested in lieu of that served.
Briefs opposing exceptions shall gener-
ally follow the same style prescribed for
briefs on exceptions, but may omit a
statement of the case if it was correctly
stated in a brief on exceptions.
(2) Briefs on exceptions and briefs
opposing exceptions shall be self con-
tained and limited to fifty pages in
length, provided that for good cause the
limitation on length may be altered or
` waived for either class of briefs upon
application to and order of the Chief
Administrative Law Judge of the Com-
mission, or an examiner acting in his
absence, within the time limited for fil-
ing of the respective briefs.
(3) Subject to the foregoing require-
ments, briefs shall conform to the appli-
cable provisions of $$ 1.15, 1.16.and 1.17,
as to copies, form, and service, but need
not be verified under oath. Fifteen copies
§ 1.31 Exceptions to intermediate de. of each dociunent shall be filed with the
cisions, briefs; briefs and oral argu. Commission In addition to the copies
ments before the Commission. served on the parties to the proceedings.
(a) Briefs on exceptions,briefs oppos- (c) Failure to except or to obJect to
tng exceptons, filing of. Any part rulings on evidence results in a waiver.
y Failure to file a brief on exceptions with-
staff counsel desiring to appeal to the or
. Commission shall. within 30 days after in the time allowed under this section X
the service of a copy of an intermediate shall constitute a waiver of alI objections
X decision (initial or recommended by sub- to the intermediate decisions served. Ob-
ordinates, or tentative by Commission), jections to any part of an intermediate
or such other time as may be fixed by decision which is not the subject of ex-
the Secretary, file exceptions to the de- ceptions may not thereafter be raised
before the Commission in oral argument,
vision or part thereof in a brief (desig- or in an application for Commission re-
nated "Brief on Exceptions"). "Briefs hearing and shall be deemed to have
Opposing Exceptions"may be flied in re- been waived. The Commission may re-
sponse to briefs on exceptions within 20 fuse to consider exceptions to a ruling
days after the time limited for the filing admitting or excluding evidence unless
of briefs on exceptions or such other time there was an objection at the time the
as may be fixed by the Secretary. No ruling was made or within any deferred
further response will be entertained un- time provided by the presiding officer.
less the Commission, upon motion or its (d) Oral argument on exceptions.
own initiative,so orders. Any party or staff counsel filing a brief
(b) Nature and service of briefs on ex- on exceptions or brief opposing excep-
ceptions and of briefs opposing excep- tions may by motion request an opportu-
tions. (1) Briefs on exceptions shall nity to present oral argument to the
contain (1) a short statement of the case. Commission on the intermediate deci-
(ii) a summary of the basic position of sion. Such motion must be filed within
the party filing, (iff) the grounds upon which the exceptions rest and (iv) the the time limited for the filing of briefs
opposing exceptions. If oral argument
argument in support with appropriate �is ordered, it shall be limited, unless
references to the record and legal au-thorities. There may also be included otherwise specified, to matters properly
raised by the briefs..
specific findings and conclusions pro- rais
- is -
posed in lieu of those to which exception
Is taken and any proposed additional
findings and conclusions. Exceptions to
the form of order or rule shall specify the
portions thereof to which exception is
taken,and may set forth a form of order
31
----- (Title 18, Code of Federal Regulations)
C1 7—'7q Pg. 211-B
•gym .../ ..,.�
CONTENTS
TITLE Page
PREAMBLE . . . . . . . . . . . . . .. . ... .. . .. . . . . .. . . .. .. . . . . .. . ... . ... .. . 1
1 Recognition.. . . . . . . . . . ... .. . .. . .. . . . . .. . . . . . . . . . . . . .. 1
2 Conditions of Employment. ...... .. . . . . .. ... . . .. ... . .. . 2
3 Working Hours.. . . . . . . . ... . . ... . . . . .. . .. . ... .. . . .. . .. . 2
4 Standby.. . . . . . . . . . . ... .. . .. ... . . . . .. . .. . .. . .. . .. . .. . . 3
5 Overtime. . . . ... . .. . . .. .. . .. ... . . . . ... .. .. . . .. . . . . . . .. 3
6 Holidays.. . . . . .. .. .. . . . ... . . .. . .. . . . . .. . .. .. . ... . 4
7 Transportation. . .. . .. . .. .. . . . .. .. . . . . . . ... . .. .. . . . . . . 5
8 Leave of Absence. . . . . . . . ... . .. . . . . .. . . . . . . . .. . .. . . 5
9 Vacation. . . . . .. . . . . . . .. . . . . ... . . . . . 5
10 Safety. ... . . . . .. . . . 6
11 Union Activity. . . . . . . .. . .. . . . . .. . .. . . . . .. . . .. . . . . .. . . 7
12 Sick Leave. . . . . ... . . . .. . . . . .. . . . . .. . .. . . . . .. . . . . . . . . . 7
13 Funerals. . .. . . . . .. . .. . . . .. . . .. .. . .. . ... . . . ... . .. . . . . . 8
14 Expenses. . .. .. . .. . .. . . . ... .. . . . . . . . . ... . . . . . . . .. . . . . . 8
15 Grievance Procedure. . . . . .. . . . . . . . .. .. . . . .. . . . ... ... . . 8
16 Layoff & Demotion Procedure.. .. . . . . . . . . .. .. . . .. . . .. .. 9
17 Vacancies.. . . . .. . .. . .. . .... . . . .. .. . . .. .. . .. . . . . . .. . .. 9
18 Discharge and Termination. ... .. . . .. .000 . . .. . . . . o . . . . 0 9
19 Inclement Weather Practice. . . . . .. . ... .. . ... . .. . .. . .. . 10
20 Employee Benefit Program. .. . . . . .. . .. .. . . .. . . . . .. . . . . . 10
EXHIBIT "A" Classifications, Job Definitions & Wages:
Electric. .. . . . . . . . . . . ... . . . . .. . . . .. . ... . . . . .. .. . . . 11
Water. .. . .. . .. . .. . .. . .. . ... . . . . . . .. . .. . . . . .. . . . . . . 13
EXHIBIT "B" Additional Work Condi tions. . . . .. . .. .. . . . . . . . . . . . .. 15
TERM OF RESOLUTION... . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . .. . . .. . .0 . .. 15
Pg. 222
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TITLE 2
CONDITIONS OF EMPLOYMENT
2.1 (a) Employees shall be classified as either regular or casual
(temporary).
(b) A regular employee is one who has completed six (6) months
of continuous service with the District.
(c) A casual (temporary) employee is one hired for occasional
or seasonal work or for a limited time.
2.2 New employees hired for a regular classification shall be placed
on a six (6) month probationary period, at the end of which time,
if (s)he has demonstrated his ability and qualifications therefor,
(s)he shall be given a definite classification as hereinafter set
forth.
TITLE 3
WORKING HOURS
3.1 The established workweek for all employees is from Saturday midnight
to Saturday midnight.
3.2 The normal workweek shall be five (5) days of eight (8) hours each,
and shall begin on Monday and end on Friday.
3.3 The hours of work for those employees scheduled on a Monday-Friday
workweek shall be 8:00 A. M. to 12:00 noon, and from 1:00 P. M. to
5:00 P. M. ; or, 8:00 A. M. to 12:00 noon, and from 12:30 P. M. to
4:30 P. M.
3.4 The normal workweek for Service employees shall be five (5) days of
eight (8) hours each, and shall begin on Tuesday and end on Saturday.
3.5 The hours of work for those employees scheduled on a Tuesday-Saturday
workweek shall be 8:00 A. M. to 12:00 noon, and from 1:00 P. M. to
5:00 P. M. ; or 8:00 A. M. to 12:00 noon and from 12:30 P. M. to
4:30 P. M.
3.6 Nothing contained herein shall be construed as limiting the right
of the District to schedule Service employees to a Monday-Friday
workweek.
3.7 Service employees are designated as: Serviceman/Warehouseman,
Service Utilityman, and Meter Reader/Collector/Serviceman.
-2-
TITLE 4
STANDBY
4.1 When an employee is requested by management for standby the employee
shall be paid for a period of five (5) hours pay per day. Standby
shall be from 5:00 P. M. Friday to 8:00 A. M. of the next regularly
scheduled work day. Recognized Holidays under Title 6 will. be paid
five (5) hours for standby.
4.2 Overtime compensation for all emergency call-outs worked will be
paid in addition to standby pay.
TITLE 5
OVERTIME
5.1 Overtime is defined as:
(a) time worked in excess of forty (40) hours in a workweek;
(b) time worked in excess of eight (8) hours on a scheduled work day;
(c) time worked on a non-workday;
(d) time worked on a holiday;
(e) time worked outside of regular work hours on a work day; and
(f) time worked through an employee's lunch period.
Overtime shall be computed to the nearest one-half (12) hour.
5.2 If an employee is called out by a responsible authority of the District
outside the employee's regularly scheduled hours and works less than
two (2) hours, the employee shall receive not less than two (2) hours'
pay,to be compensated at the applicable overtime rate, for each such
call-out; provided the employee has finished his first call-out and
has returned to his home. If the employee is sent on another job or
jobs prior to returning home from the initial call without a break in
work time, it shall be considered as a single call-out.
5.3 Overtime shall be divided as equally as is practicable among those
qualified and available in each department.
5.4 (a) Except as otherwise provided herein, overtime compensation shall
mean a rate of pay equivalent to one and one-half times (VjX)
the standard rate of pay.
(b) Employees shall be paid overtime compensation at the rate of pay
equivalent to two times (2X) the standard rate of pay for all
time worked in excess of sixteen (16) consecutive hours.
-3-
(c) Employees shall be paid overtime compensation at the rate of
pay equivalent to two times QX) the standard rate of pay
for all time worked between 2400 and 0800 hours.
(d) Employees called out on Sundays and holidays shall be paid over-
time compensation at the rate of pay equivalent to two times (2X)
the standard rate of pay for all such call-outs.
5.5 (a) Any regular or probationary employee who has worked eight (8)
hours or more at overtime rates between his regular quitting
time and his next regular starting time, on regular work days,
shall be entitled to a rest period of eight (8) consecutive
hours upon completion of such overtime work.
(b) If the District requires the employee to continue work into his
regular work period, the employee shall be paid at two times
(2X) the standard rate of pay for all hours worked until he
is given a rest period of eight (8) consecutive hours.
(c) If the employee becomes eligible for a rest period and is
called back to work during his eight (8) hour rest period, the
employee shall be paid at two times (2X) the standard rate of
pay for all hours worked until he has been relieved from duty
for at least eight (8) consecutive hours.
(d) Should the rest period provided in subsection (a) above extend
into his regular work hours, the employee may be required to
report for work at the end of said rest period for the remainder
of that regular work period. He will, in any event, be paid
straight time for the said regular work period.
TITLE 6
HOLIDAYS
6.1 The following are the recognized paid holidays for probationary and
regular full-time employees:
New Year's Day. . . . . . . . . . ..January lst
Washington's Birthday. . . . .3rd Monday in February
Memorial Day. . . . . . . . . .. . . .Last Monday in May
Independence Day. . . .. . . . . .July 4th
Labor Day. . . . . . . ... . . . . .. .lst Monday in September
Veteran's Day. . . .. . . . . .. . .4th Monday in October
Thanksgiving Day. . . . . . . . . .4th Thursday in November
The day after Thanksgiving Day (Friday)
Christmas Day. . . . . . . . . . .. .December 25th
Employee's Birthday
When any of the allowed holidays fall on a Saturday, the paid holiday
will be observed on Friday preceding; if a holiday falls on a Sunday,
the following Monday will be observed.
-4-
6.2 If an employee takes off any of the days observed by the Company
as a holiday and is absent without a bona fide reason on the work
day either immediately preceding or following such day observed by
the Company as a holiday, he shall not receive holiday pay.
TITLE 7
TRANSPORTATION
7.1 At the discretion of the District, transportation shall be furnished
all employees in the performance of their duties as prescribed.
7.2 Any employee asked to use his own personal means of transportation
for District business shall be reimbursed at the rate of fifteen
cents (15e) per mile, but shall not receive less than $1.00 per day.
TITLE 8
LEAVE OF ABSENCE
8.1 Leave of absence shall be granted to regular employees for urgent
substantial personal reasons; provided that adequate arrangements
can be made to take care of the employee's duties without undue
interference with the normal routine of work. Leave will not be
granted if the purpose for which it is requested may lead to the
employee's resignation.
8.2 An employee's status as a regular employee shall not be impaired
by a leave of absence.
8.3 An employee shall be paid his regular salary if leave of absence
is occasioned by a call to jury duty. However, any pay received
as a Juror shall be deducted from the employee's wages. An
employee may be paid his regular salary while in Civil Defense
duty, or in connection with National Guard duty.
TITLE 9
VACATION
9.1 An employee who has worked as a regular employee for the District
for a period of twelve (12) consecutive months shall be entitled to
twelve (12) work days with full pay.
9.2 An employee who has completed five (5) years of ,continuous service
with the District shall be entitled to eighteen (18) work days with
full pay.
-5-
9.3 An employee who has completed fifteen (15) years of continuous
service with the District shall be entitled to twenty (20) work
days with full pay.
9.4 All vacations will be taken on consecutive days unless otherwise
mutually agreed upon between the District and the employee.
9.5 Any employee who shall leave the District before taking his
regular scheduled vacation shall be entitled to receive full pay
for the days covered by his vacation period.
9.6 Vacations may be scheduled during the calendar year by mutual
agreement between management and employee. There will be a
sign-up in each department so that employees may designate their
choice of vacation periods. The District shall prepare and post
the annual vacation schedule on the basis of such sign-up effec-
ting wherever possible the selections of the employees in the order
of their classification seniority. Vacation lists shall be posted
on or before April 15th of each year.
9.7 An employee may forego his or her vacation in one year and add'.1it
to his or her vacation in the following year, provided the District
in advance gives its written approval. In no event shall an em-
ployee defer all or any portion of his or her vacation period longer
than one year unless an employee is unable to take such vacation by
reason of the foregoing approval or industrial. injury.
TITLE 1.0
SAFETY
10.1 The District shall furnish all tools and specialized safety devices
necessary to perform an employee's assigned duties. Every effort
should be made by the employee to maintain them in good condition
because his safety may depend on his equipment.
10.2 Safety meetings shall be prepared and conducted during the course
of regular working hours by an employee designated by Management.
Approximately two regular working hours each month shall be allowed
for this purpose.
10.3 The District shall make reasonable provisions for the safety of
employees in the performance of their work. Employees shall jointly
- cooperate in promoting the responsibility of the individual employee
with regard to the prevention of accidents.
10.4 The Foreman shall establish a safety inspection committee to function
in the prevention of accidents by ascertaining unsafe working con-
ditions and at least every six (6) months recommend any measures to
be taken for correction thereof, in writing to the Manager.
10.5 The District reserves the right to draft reasonable safety rules
for employees and to insist on the observance of such rules.
-6-
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TITLE 16
LAYOFF & DEMOTION PROCEDURE
16.1 Nothing contained herein shall be construed as limiting the right of
the District to determine the methods of its operation, the amount
of production, the number of employees in total or in specific class-
ifications of work. However, the District agrees that in no case
will it lay off employees as the result of work contracted. When it
becomes necessary to lay off employees due to lack of work, the
District shall give employees concerned as much notice as possible
except in the case of temporary employees where no notice is required.
16.2 Layoff in all cases will be made by seniority and qualifications.
District will make a reasonable effort to notify such employees of
job vacancies which occur within twelve (12) months following the
layoff. Employees rehired in the twelve (12) month period will be
reinstated with all benefits for which they qualified as a regular
employee, except in the case of a temporary employee where no rehire
status is necessary.
16.3 Journeymen who can demote Apprentices shall retain Journeyman status;
(Linemen, Line Working Foreman).
TITLE 17
VACANCIES
17.1 Incumbent employees who are qualified shall be given priority fill
existing vacancies before a new employee is hired. p y to 11
' TITLE 18
DISCHARGE AND TERMINATION
18.1 The District retains the right to discharge any employee for in-
competence or other serious cause. The reason for such discharge
shall be given in writing within forty-eight (48) hours of the time
of such discharge.
18.2 Reasons for discharge shall include, but not be limited to the
following:
I. Failure to perform work in an efficient, workman-like manner.
2. Insubordination.
3. Absent without authorization or just cause.
4. Failure to cooperate willingly and cheerfully with supervisors
and/or fellow employees in matters pertaining to the District's
operations.
5. Insobriety.
6. Dishonesty.
-9-
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U �+ m O H O H O G y ct ° U A -H u u
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3 Cl. m co 4-1 � H 0 -W v -C 'v m H z 0 cad •,oi can
v U p x W CZ 0 0 �''�d a� v a� •H ''d A m 0 A P-+ a A m
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a �+ cn �+ roa� a� � O � a) . , •
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percent (100%) of the cost of the Retirement Plan. (Resolution
No. 7315 - June 19, 1973) .
20.4 The District shall not by reason of execution of this Agreement
abrogate or reduce the scope of any present plan or rule beneficial
to employees which is not specifically covered by this Agreement.
EXHIBIT "A"
ELECTRIC DEPARTMENT
FOREMAN, LINE, WORKING
An employee engaged in performing all classes of distribution line work
having full charge of and directing entire crew; may at times be required
to drive vehicle. Is required to drive the line truck and operate the
fixed and attached equipment. Will keep time cards and material records
and other duties as prescribed by District Manager. Must have a valid
California drivers license before assignment to job.
Hourly rate: $7.83
Effective May 1, 1974
LEAD LINEMAN
An employee who is a Journeyman qualified by training and knowledge of
underground circuits, substations and apparatus to test and install duct
line, cable conduits and risers. Must be able to climb and perform
Lineman's work such as making underground connections on customer's
services and substation feeder installations. Must have a valid California
driver's license as required by applicable State law before assignment to
job. * g
*(Note) : This job is only on a upgrade basis when there are two (2)
Journeymen working alone and there is no Foreman available.
Hourly rate: $7,43
Effective May 1, 1974
LINEMAN
An employee who is a Journeyman and who performs all classes of trans-
mission and distribution line work when assigned to a crew under the
direction of a Working Foreman or Supervisor of higher grade. His back-
ground of apprenticeship and experience must be such as to qualify him
to perform these duties with skill and efficiency. A Lineman may be
assigned to work with and under the general direction of a Troubleman
and when so assigned, the type of work he performs and the method of
supervision shall be governed by the rules with respect to the Troubleman
classification.
-11-
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HELPER - TEMPORARY
A "Helper-Temporary" is hired for a limited period of time for seasonal
or emergency work. Employees under this classification shall only be
hired as needed to supplement the regular work force and shall normally
be assigned only such work as falls within the Helper definition. Must
have a valid California driver's license before assignment to job.
Hourly rate: $4.38
Effective May 1, 1974
LABORER - PART TIME (STUDENT)
A student hired during vacations or for a limited period of time. Em-
ployees under this classification shall only be hired as needed to sup-
plement the regular work force and shall normally be assigned only such
work as falls within the Laborer definition. Must have a valid California
driver's license before assignment to job.
Hourly rate: $2.50
Effective May 1, 1974
GENERAL CLERK
An employee who may be assigned to perform any routine or advanced clerical
function or any other miscellaneous duties as required by the District
Manager, including customer contacts in person and by telephone; operation
of various office machines; collecting, sorting, opening and receiving mail.
Must be able to type with proficiency.
Start. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4.28
6 months. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.35
1 year. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . 4.48
18 months. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.66
2 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.85
34 months. . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . 5.10
3 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 5.37
EXHIBIT "B"
ADDITIONAL WORK CONDITIONS
The District reserves the right to temporarily work any classified electric
employee on work in connection with its water system, or any classified
water employee on temporary work on the electric system, without change in
the rate of pay or classification of such employee.
The District is to be the judge as to the competency and fitness of
prospective employees and of the satisfactory performance of work by
any employee. All persons making application shall have equal employment
opportunity without regard to race, color, creed, sex or national origin.
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RESOLUTION 7422
of the
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
AUTHORIZING EXECUTION OF PIPELINE
EASEMENT TO UNITED STATES OF AMERICA
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT that said board does
hereby authorize execution and delivery to the UNITED STATES
OF AMERICA that certain EASEMENT FOR PIPELINE agreement,
granting therein an easement in, upon, along, across, over and
beneath certain real property owned by said district, which
easement shall be the width of 10 feet, for maintenance
thereon of a pipeline. For the rights granted herein, the
district has been paid the sum of $1. 00 and other valuable
consideration. For more particulars on the nature and course
of said easement, reference is made to the EASEMENT FOR PIPELINE
agreement, a copy of which is attached hereto, marked Exhibit
"A" , and made a part hereof.
Passed and adopted by the Board of Directors of said
District at a regular meeting thereof duly called and held in
the District on the 17thday of September , 1974 , by the
following roll call vote :
AYES: J. Craig • P. S u tt o n_=_ _____
R. Anderson , R. Waters
NOES; None r
ABSENT: None -y
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
ATTEST: By
ROX TntAT S President of the
Boa rd f it e c for s
ClerX Thtr6of
Page 223
i
Aoq o�e-ro ,BEA
Z•'.572�1- RD.0 /-2 S'�q ¢.Zo26 '.31"'E 17. 96
, C�oR�YE•Q ,2-3 S 60'01 9'f 5T ItE 93.58
3-4- S 56*g3'33"E 57.33
g-5 S .5"2052, -3500,E 30.12,
• 5-6 S 3 O-*08 1 18 E 75.,06
6-7 S 60029'.S'9"E 54Z 44
7-8 S 630 /T'5! E //8.46
S9 0
?OPEi9TY
AUM�yoUS�
iV W ';` / #8
Nr6HWAY MONUMENT #IS T,441OE-PONMCR
"X CONC. POS 7' 104191.1e 41r1,Z/7-YD/S7-
S4c. /,5"
T
� N
N
41M.. "13, t3�
............
piP. .C�iY,E'
NNE
S40 ¢D' 53"W
�5
PROPERTY COR. 6- #
N W J*2 0 3
u.S,
PORTION OF SPRING BLOCK NO. 2 AND 3 OF
THE TOWN OF TRUMEE,AS PER MAP F/L ED
BY W. W. WAGGONER IN NE114DA COUNTY
RECDRDERS Off ICE" 6115118 9 0 0 SCALE / = /DO
E"xH�,Bi T 'A"
Lz'GE'/VD— REVISED D TE
O noel o ca"o o? TAHOE NATIONAL FOREST
We4TZR ZINz— Z49
■ 916#WA Y MONUMENT
- FDA
SURVEYED BYE•w R DATE -
BASIS OF &FARING /S 7-RUE NORTY CALC41LATED DRAWN BY e DATE-C-!0-2-f
FROM GRID BEARING BETWEEN S /� SEC./O AND CHECKED BY R_� DATE G-l 9-7*
STATE HIGHWAY /MONUMENT '4�/• . APPROVED__ 'l T 3L7�
FOREST ENGINEER •
Pg. 223-C
• f
r ,
-t
t
EASEMENT FOR PIPELL\TE
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT Ma public utility district organized
under the laws of the State of. California and having its principal place of
business at Truckee, County of Nevada, State of California, in consideration
of one.dollar ($1.00), and other good and valuable consideration, the receipt
whereof is hereby duly acknowled:�d, grants unto the UNITED STATES OF M.I.-RICA
and its assigns, an easement for a pipeline ovE::r the following parcels of land,
in the County of Nevada, State of California and described as follows:
Sprint Block No. 2 and 3, of the town of Truckee, as per
the map made by 1,J. ti�. I'raC, G_i ", filed in tr 1e office of
the Recorder of 'Nevada Count,, on July 15 , ►890.
-• Excepting theren-om: That portion -.1ereof lying
within the lines of the tract of lane described
in ,ne deed by '1i ucxee Public Utility District,
to the State of Califo.riiia, dated Decerrber 5, 19575
recorded February 16, :�9 JS, in F3oo : fit►-? of Official
Records, Page 525, in t ri office of -i'.ie Recorder
of Nevada County, Califor.-ii a.
The location of said rights-of-wary is shown on Llxhibi t A attached hereto.
The width of said easement '_.hall be L0 feet, 5 f_-_,et cn t ach side of center-
line. The boundary lines of said ease,:k�nt shall be m-olonGed or shortened to
.begin on and conform to the property _line and end a point 5 feet outside
of t,`�e z ic"t icast wall of the pumphouse owned by t�: : 'ran .
The Grantee shall have reasonable means of access to said easement across
23
t
the ro rty of the Grantor to construct, reconstruct and maintain said
p
pipeline. The Grantee shall protect all improvements of the Grantor.
IN WITNESS WHEREOF, said public utility district had caused this deed to be
signed .by its President and its Clerk .
this 17th day of September 1974-
E
TRUCI=-DONNF,R PUBLIC UTILITY DISTRTrT
By
Title P e ident
and By2
Title Clerk
i .
2
ACKNOWLEDGMENT
State of California )
SS
County of Nevada )
On this loth day of December 1974 , before me
Gloria A. Ratto , a Notary Public in and for the
said State , with principal office in Nevada County, person-
ally eared M. Rex Anderson and Roy Waters
known to me to be the Clerk and the President
of the public utility district that executed
the within instrument on behalf of the utility district herein
named, and acknowledged to me that such district executed
the same .
WITNESS my hand and official seal the day and year first
above written.
�T11111f111T1/111fIIltlIIIIIt11f111/II1t111t111F11iifi11:1111f1111111t111/I1611111lIllt w � .�
OFFICIAL SEAL
-�: GLORIA A. RATIO
ifr t ti �.
4:; Nota.-y p.iblic, rtatc, of California
in 1�Icvada County Signature
Expi:=CS July 30, 1977 _
11 Is 14111111111111111161111611111 t 1t111t.111I it111:11♦It1\I1i1111111111111t1/11tt1I1111i
AMy Commission Expires : July 30 , 1977
x
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tpr
9/13/74
F.;
V.
STATEMENT ON BEHALF OF
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
TO THE STATE LANDS COMMISSION,
September 24, 1974
IF IT PLEASE THE COMMISSION: My name is Martin
c
McDonough, my address is 555 Capitol Mall, Sacramento Cali-
fornia. I am special counsel in water rights matters to
Truckee-Donner Public Utility District whose application for
a lease caused the preparation of the environmental impact
report which is the subject of this hearing.
The application by the District for a lease of
state land to divert water from Donner Lake was filed after
the Commission brought an action to prevent such a diversion
without a lease. At that time construction had been com-
menced by Dart Industries, under a contract with the- Dis-
trict, under which Dart was to complete the intake and trans-
fer it without cost to the District, in return for the Dis-
trict's agreement to supply water to Dart' s Tahoe-Donner
development.
Before the action was brought, attorneys for Dart
and Truckee-Donner did not believe that the portion of the
bed of the lake on which construction was proceeding belonged
to the state; an opinion of the Attorney General rendered to
the Legislature on February 18 , 1946, seemed to hold that it
was not. Many other structures had been constructed on the
shores of the lake without any objection from this Commission.
'is
Pg. 224
f
^r.Yr l` "` :" ir1 ;• -_: ;" t' ', !I f`x^!
,F
Nevertheless, when this Commission asserted by its
}
lawsuit that state lands were involved, Truckee-Donner and
Dart deemed it wise to make application for a lease in order
ti
to remove any doubt as to the legality of their occupancy.
They retained the firm of Jones and Stokes to furnish to
your Commission the information and data necessary for the
preparation of an environmental impact report, pursuant to
your requirements.
Although consultants for Truckee-Donner have worked
with Jones and Stokes in the preparation of the environmental
impact report, the Board of Directors has taken no action on
that report, since that action is within the jurisdiction of
your Commission. We support your full consideration of the
environmental impacts involved; the District will take note
of the testimony produced here, as you will.
The District desires to point out that since 1968
� . it has been uniformly advised by its engineering consultants
that a water supply from Donner Lake is necessary and appro-
priate in order to men:t the District' s future water require-
ments , and that such a supply can be obtained, with the
consent of Sierra Pacific Power Company under an agreement
ifL1 that will change the levels
with it, which has been executed, that will not materially
of the lake as shown in the relative graphs in the I of
affect the levels produced by the historical operation
the lake. This advice will be tested again in proceedings
before the State Water Resources Control Board at a later
date.
r4' 2
Pg. 224-B
Based on this advice, Truckee-Donner has four years
ago entered into a contract with Dart Industries for supply-
ing water to the Tahoe-Donner development. our advisers
tell us now that there is no assurance that the needs of
that development, or indeed the growing needs of the re- ,
mainder of the District, can be met in the future without
taking some water from Donner Lake.
DE LE-TE
IThe District does intend to continue to develop
other feasible sources of supply, so that at any time when
taking water from Donner Lake might harm the lake the other
sources can be substituted. A conjunctive operation of
Donner Lake with other surface sources, and with wells,
would allow the District to operate with surface water of
good quality when it is available, and with ground water of
generally poorer quality when surface water is not avail-
able. The District will of course observe whatever restric-
tions are placed in our permits by the State Water Resources
Control Board, whose permission we also seek, but subject
to those conditions ,tic expect to operate among our sources
including Donner Lake, in such a way as to protect all in-
terests, based on the circumstances that exist at the time.
The District appreciates this opportunity to appear
before you.
ADDITION: It is the desire of the Board of Directors to
incorporate into the E. I .R. the pending ground
water study being conducted by Dr . John Sharp.
k
}
3
Pg. 225-C
STATEMENT OF GENERAL FUND
Bank Balance - 8-30- 74 39 ,038 . 63
Deposits 639745. 00 .
Approved Billings 39 ,817 . 11
Disc. & Allowances (230. 25)
IBEW union dues 94 . 50 (39 ,681 . 36)
PAYROLL
9-13- 4 OT DT STANDBY GROSS NET
Silva 53. 65 57. 20 71. 50 754 . 35 583. 73
j Sharp 219. 75 46. 88 735. 43 510 . 02
Krajewski 686 . 26 546. 52
Straub 69. 86 66. 50 668 . 36 475. 97
Reynolds 49 . 90 66 . 50 648. 40 497. 87
Drace 20. 30 70. 32 537. 92 394 . 58
Grow 54. 89 586 . 89 456 . 96
Lopez 532. 00 387. 68
Connell 398 . 40 287. 52
Craig 89 . 28 386 . 88 289. 08
Morgan 386 . 64 286 . 66
Barry 3. 48 374. 68 298 . 92
Kinzie 20. 76 297. 56 237. 88
Kirchner 244. 00 176. 99
Rose 26 . 00 25 . 59 (5 , 455 . 97)
581. 87 174. 40 204. 50 7263. 77
Bank Balance 57,646 . 30
BILLS FOR BOARD' S APPROVAL
RTE 5 , 090. 40
Sierra Pacific July power bill 569969 . 57
Directors 400. 00
+�- George Cattan pension 258. 75
Tahoe Truckee Booster Club 10. 00
' Nevada County assessments 41713. 26
California State Dept. of Health - application
for water treatment operator 15 . 00 (67 ,456. 98)
Bank Balance after payment of above (93810. 68)
Pon%
i
.� Pg. 226