Anatomy of AN infrastructure project

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Presentation transcript:

Anatomy of AN infrastructure project Jason Pizatella, Esq. Counsel jpizatella@spilmanlaw.com

The Basics STEP ONE: Building the Project Team STEP TWO: Prepare to submit to IJDC STEP THREE: IJDC Review STEP FOUR: Start the Project Wheels Turning STEP FIVE: Filing with the PSC STEP SIX: Wading through the PSC review process STEP SEVEN: Wrap it up

STEP ONE: Building the Project Team Project Sponsor Administrator – Regional Planning & Development Council Engineer Accountant Attorneys – PSC, Real Estate, Contract Review Bond Counsel Funding Agencies – IJDC, WDA, USDA, CWSRF, DWSRF, ARC, etc.

STEP TWO: Prepare the IJDC Submission Preliminary Engineering Report Project area income information Develop the funding proposal Utility cash flow and need for rate increase to support the project

STEP THREE: Review by IJDC Technical Review Committee Funding Committee Recommendation and Review by the full Infrastructure Council

STEP FOUR: Start the Wheels Turning Design loan and other preliminary costs Engineering design Permits Utility Annual Report Revised Rule 42 Exhibit (if necessary)

STEP FIVE: File with the PSC Certificate of convenience and necessity Request for a rate increase (if necessary) Separate municipal ordinance to implement rate increase Funding commitments are necessary for PSC review and a ruling on the Certificate Application filing

STEP SIX: Progress through the PSC Other activities the Project Team can do during the 6-9 months while the Certificate Application is pending Permits Easements Condemnation and eminent domain cases Respond to DEP/BPH comments Begin bond resolution/ordinance readings Review funding agency pre-bid checklist Information gathering Work on setting a construction bid date

STEP SEVEN: Marathon, not a Sprint to the Finish Line Receive construction bids Work through any messy details Anticipate any changes to the funding package Wrap up final title opinion Schedule the closing Start construction What to do if construction bids are over estimate? Working with engineers, accountants, bond counsel, etc.

Questions? Jason Pizatella, Esq. (304) 340-3868 jpizatella@spilmanlaw.com