STATE OF NEW HAMPSHIRE Inter-Department Communication

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1 STATE OF NEW HAMPSHIRE Inter-Department Cmmunicatin DATE: April 7, 2015 AT (OFFICE): NHPUC FROM: SUBJECT: TO: Rbert Wyatt, Assistant Directr Safety Divisin Dcket N. DE NH-BIG ISLAND C. Petitin fr a License t Cnstruct and Maintain Cables and Pipelines beneath State Waters and Lands Staff Recmmendatin Debra Hwland, Executive Directr Randy Knepper, Directr Safety Divisin Michael Sheehan, Staff Attrney Service List Cmmissin Safety Divisin Staffs review f the abve petitin cnsisted f the fllwing elements: Petitin cntents, prject verview and histry Regulatry Requirements Private Prperty, Prperty Rights Public Interest Cnclusins Recmmendatins A. Petitin Cntents, Prject Overview and Histry On February 15, 2015, NH-Big Island C. filed a petitin, pursuant t RSA 371:17 and RSA 371:20, t cnstruct and maintain an electric cable, internet/tv cable, water pipeline, and sewer pipeline cnduits under a state-wned railrad and under and acrss the public waters f Lake Winnipesaukee. Accrding t the petitin, these new electrical, internet/tv cable, sewer and water facilities are necessary t serve structures wned by NH-Big Island C. lcated n acre Big Island in the City f Lacnia. In its petitin NH-Big Island C. ntes the current existence f a submerged electrical line running t Big Island which was licensed by the Cmmissin in 1961, see Karl A. Steady, 43 N.H.P.U.C. 34, Dcket D-E3936, Order N (July 14, 1961). This submerged line is said t be badly damaged and cannt be repaired. Additinally, New England Telephne and Telegraph Cmpany was granted a water crssing license in 1985 fr a submerged cable t prvide telephne service t the Steady cttage n Big Island. See New England Telephne and Telegraph Cmpany, 70 NH

2 PUC 704, Dcket DE , Order N. 17,798 (August 19, 1985). NH-Big Island C. is unaware f whether this telephne line cntinues t exist. The petitin explains that in rder t bring the necessary electric, cable, water and sewer services t Big Island, NH-Big Island C. must install these new facilities at the fllwing lcatins: 1. Electric Line. The undergrund electric line cnsists f a three inch diameter high density plyethelene (HDPE) sleeve carrying an electric cnductr type 1/0 AL 15 kv/155a rated with a 220 mil Ethylene prpylene rubber (EPR) insulated Jacket. The electric cable will have a Cncentric Neutral rientatin. The buried electric line will begin nshre at PSNH/Eversurce ple number 41 ld, 1-2 ATI The line will extend apprximately 60 feet frm the ple t the shreline f Lake Winnipesaukee at a depth f apprximately 12 feet belw surface, then underneath the bttm f Paugus Bay fr apprximately 1,344 feet, and will terminate at a transfrmer n Big Island, apprximately 55 feet frm the lake shre. PSNH/Eversurce will install a meter at ple number 41 ld, 1-2 ATT 3622 and the dwnstream cnduit and cnductr will be wned by Big Island C. 2. lnternetffv Cable Line. The internet/tv cable line cnsists f a separate three inch diameter HDPE sleeve carrying the cable wire and will als begin nshre at PSNH/ Eversurce ple number 41 ld, 1-2 ATI 3622, which carries the Metrcast cable line that serves its internet/cable TV custmers in the area. The line will extend abut 60 feet frm the ple t the shreline f Lake Winnipesaukee, then underneath the bttm f Paugus Bay fr apprximately 1,344 feet at a depth f apprximately 12 feet belw the lake bed, and will terminate at the same pint as the electric line n Big Island, apprximately 55 feet frm the lake shre. 3. Water Line. The water line cnsists f a segment f 4-inch diameter HDPE sleeve carrying the 2-inch diameter cpper water main line and will begin nshre, apprximately 250 feet west f the shre line cnnecting with the Lacnia Water Wrks main, then traveling between units 15 and 16 f the Suth Dwn Beach Cndminiums (easement included with the petitin). The 4 inch diameter HDPE sleeve will transitin t secnd segment that is a 5-inch diameter steel sleeve lcated in a hrizntal bre hle under the Rail Rad right f way (State DOT permit included with the petitin), The steel sleeve will be apprximately 67 feet in length and will be buried a minimum f 6 feet deep. A third transitin f the 2inch diameter will ccur back t a 4 inch diameter HDPE sleeve that will crss ver the 48-inch sewer interceptr and terminating at the undergrund Meter Husing vault, apprximately 60 feet west f the shre line. The undergrund Meter Husing vault als cntains backflw preventin devices. The final segment cnsists f a reduced 3-inch HDPE sleeve cntaining a 1-inch diameter water line frm the undergrund Meter Husing vault, extending east t the lake shre, then underneath the bttm f Paugus Bay fr apprximately 1,344 feet at a depth f apprximately 12 feet frm the lake bed, terminating at plumbing assciated with the cttage, apprximately 70 feet frm the lake shre. 2

3 4. Sewer (Frce Main) Line. The sewer line will cnsist f a segment f 5-inch diameter HDPE sleeve carrying a 2-inch diameter sewer frce main line frm Big Island t the western shre f Paugus Bay. The sewer line will be undergrund, beginning apprximately 65 feet frm the western shre f Big Island, adjacent t a series f septic tanks and pumping chamber. The line will then travel underneath Paugus Bay fr a distance f apprximately 1,344 feet at a depth f apprximately 12 feet belw the lake bed, and then fr a distance f apprximately 70 feet t an existing City f Lacnia Public Wrks municipal sewer manhle, nrth f Paugus Park Rd. Detailed cnstructin plans were prvided with the petitin (see Attachment A). The plans were prepared by Steven J. Smith & Assc., Inc., Gilfrd, New Hampshire. The prject will bring electric and cable lines plus water and sewer pipes t Big Island, with each line and pipe in separate sleeves. The plan als includes an ptinal fifth sleeve (empty) fr pssible future use. The plan calls fr the five sleeves t be bundled tgether as they travel under the lake bed frm terminus pints n each shre. The bundle f sleeves will pass thrugh the apprximate 1,344 ft hrizntal directinal drill (HDD) bre hle buried apprximately 12 feet belw the lake bed. The prject requires NH-Big Island C., thrugh is cntractrs t crdinate with PSNH/Eversurce, Metrcast, Lacnia Water Wrks, Lacnia Public Wrks, Plymuth and Lincln Railrad and the State f New Hampshire Department f Transprtatin. Excavatin and cnstructin will need t cmmence shrtly after ice-ut and is expected t be temprary and limited in scpe. When the prject is cmpleted, NH-Big Island C. will take wnership f the lines and pipes and will be respnsible fr their maintenance. B. Regulatry Requirements As defined in RSA 371:17, a license is required t place utility service facilities under r acrss Lake Winnipesaukee, as is the case with any ther New Hampshire public waters f mre than 10 acres as well as state land that is under the State wned Rail Rad Tracks. The State wned land is apprximately 68 feet in width and is a crridr running nrtherly and sutherly. Lake Winnipesaukee is listed n the Department f Envirnmental Services Water Divisin's fficial list f Public Waters. In its petitin NH-Big Island C. stated that it was required t acquire tw Wetlands and Nn-Site Specific Permits and tw Shreland Impact Permits frm the NH Department f Envirnmental Services (DES). The DES permits authrize the temprary impacts n shre and beneath the lake bed t facilitate cnstructin. Cpies f the DES permits were filed with the petitin as Attachments B thrugh E. C. Private Prperty, Prperty Rights It was necessary fr NH-Big Island C. t acquire a Crssing Agreement frm the NH Department f Transprtatin (DOT) in rder t extend a water line t the Lacnia Water 3

4 Wrks facilities. The DOT Crssing Agreement authrizes the temprary cnstructin and future maintenance f buried utility services acrss and near State-wned railrad tracks. A 2-inch diameter water line tied t Lacnia Water Wrks facilities will need t pass under the railrad tracks, in DOT right f way. The Crssing Agreement requires excavatin by means f an HDD bre-hle and the installatin f a 5-inch diameter steel sleeve fr passage f the water line befre it terminates at the undergrund Meter Husing vault. NH-Big Island C., and its cntractrs, will be required t cmply with all the terms f this Crssing Agreement. A cpy f the Crssing Agreement was filed as Attachment F t the Petitin. Additinally, NH-Big Island C. was required t acquire bth an Escrw Agreement and an Easement Deed frm Suth Dwn Beach Club, in rder t excavate and install its buried water line between the Lacnia Water Wrks main and the undergrund Meter Husing vault. NH-Big Island C., and its cntractrs, will be required t cmply with all the terms f the Escrw Agreement and Easement Deed. Cpies f the Escrw Agreement and Easement Deed were filed as Attachment G t the Petitin. D. Public Interest NH-Big Island C. states that there are n existing cable, water and sewer facilities prviding service t the island. Furthermre, an existing electric line that had prvided service t the island since 1961, is badly damaged and cannt be repaired. In its petitin, NH-Big Island C. asserts that the underwater crssing is the nly feasible alternative t prvide the necessary electric, cable, water and sewer services, and that NH-Big Island C. can exercise the rights granted by the license sught in this petitin withut affecting r diminishing the rights f the public t use and enjy the waters f Lake Winnipesaukee. Absent the utilities which are the subject f this petitin, Big Island has n electricity, internet, r cable service. The island's water supply cmes frm a dug well and its sewage dispsal frm an n-site septic system, bth f which are less than desirable by tday's standards. NH-Big Island argued the license is "necessary" t allw these prpsed services t reach Big Island. When the prject is finished, NH-Big Island stated that all the lines and pipes will be buried undergrund as they travel acrss the shre t the lake n the mainland and frm the shre t their respective endpints n Big Island. The bundle f services will travel apprximately 12 feet belw the lake bed as they travel frm shre t Big Island. Because the services will be entirely undergrund r under the lake bed, NH-Big Island argued that the licenses will nt diminish the rights f the public t use Lake Winnipesaukee, f the state and the railrad peratr t use the railrad r the Suth Dwn Beach Club Cndminium Assciatin t use its facilities. E. Cnclusins 4

5 The prpsed facilities are required t meet the reasnable requirements f NH-Big Island C. t access electric, cable, water and sewer services frm its prperty lcated n Big Island. The prpsed electric and cable facilities, as prpsed, shuld be in cnfrmance with the Natinal Electric Safety Cde C Part 3 sectins 30 thrugh 37. Staff ntes, hwever, that in its petitin, NH-Big Island C. des nt make such a definitive statement. Use f high density plyethylene pipe as cnduit fr the facilities shuld minimize water entrance inside f the cnduit. The prpsed water and sewer facilities, as prpsed, shuld be in cmpliance with applicable State statutes, administrative rules and requirements, lcal plumbing cde requirements and municipal water wrks and public wrks cnstructin and pipeline rules and requirements. Again, Staff ntes that NH-Big Island C. des nt make definitive statements related t the cnstructin f its water and sewer lines. The methd fr bundling the 4 cnduits was nt specified. 5. Recmmendatins Staff recmmends apprval f NH-Big Island's petitin fr a license t cnstruct and maintain cables and pipelines beneath State lands and waters (State DOT rail rad right f way and Lake Winnipesaukee) in the City f Lacnia, New Hampshire, with the fllwing cnditins: a. The Cmmissin shuld require that the prpsed electric and cable lines cmply with applicable sectins f the Natinal Electric Safety Cde C (Part 3 sectins 30-37). b. T the extent it has the authrity t d s, the Cmmissin shuld require the prpsed water and sewer pipelines be cnstructed in cnfrmance with applicable State statutes, administrative rules and requirements, lcal plumbing cde requirements and municipal water wrks and public wrks cnstructin and pipeline rules and requirements. c. The Cmmissin shuld require that any future alteratins t the prpsed electric r cable facilities meet the applicable sectins f the Natinal Electric Safety Cde in effect at the time f the alteratin, and that requests fr such alteratins be submitted t the Cmmissin fr its cnsideratin at least 60 days prir t the start f cnstructin. d. That cnfrmance t the cnditins impsed by the DES Wetlands and Nn-Site Specific Permits included in the petitin as Attachment A-Dis required. 5

6 SERVICE LIST - ADDRESSES DOCKET RELATED Pursuant t N.H. Admin Rule Puc (a) (1): the service list. Serve an electrnic cpy n each persn identified n Exeeutive.Directr~puc.nh.gv arnandannan~puc.nh.gv miehaelsheehan~puc.nh.gv calitigatin~ca.nh.gv randy.knepper~pue.nh.gv rbert.wyatt~puc.nh.gv sgeiger~rr-ren.cm Dcket#: Printed: April 07, 2015 FILING INSTRUCTIONS: a) Pursuant t N.H. Admin Rule Puc (a), with the exceptin f Discvery, file 7 cpies, as well as an electrnic cpy, f all dcuments including cver letter with: DEBRA A HOWLAND EXECUTIVE DIRECTOR NHPUC 21 S. FRUIT ST. SUITE 10 CONCORD NH b) Serve an electrnic cpy with each persn identified n the Cmmissin s service list and with the Office f Cnsumer Advcate. c) Serve a written cpy n each persn n the service list nt able t receive electrnic mail.

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