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Alternative Project Delivery - Texas Water Development Board

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Implementation of Stricter Regulation<br />

The Safe Drinking <strong>Water</strong> Act<br />

Introduction<br />

The Disinfectant and Disinfectant By-Product Rule (“D/DBP”) and the Enhanced<br />

Surface <strong>Water</strong> Treatment Rule (“ESWTR”) have set new lower standards for Total<br />

Trihalomethane (“TTHMs”), Haleoacetic acids (“HAA5”) and lower turbidity limits<br />

(“NTUs”). Additional filter monitoring requirements are likely and the necessity for<br />

monitoring and or meeting a Crytosporidium limit is also being considered. This is in<br />

part do to the Crytosporidium outbreak in the City of Milwaukee that gave their water<br />

system national media attention a few years ago.<br />

Consumer Confidence Reports (CCRs)<br />

The 1996 amendments to the SDWA required the EPA to mandate that water utilities<br />

provide their customers with “Consumer Confidence” Reports, which include<br />

monitoring results, violations, water source information, health implications of<br />

violations, and the identification of susceptible populations. In regulatory terms, this<br />

initiative is significant. Since the customer will know what is in their water and what<br />

problems their utility is experiencing, the customer, not the EPA, will drive the water<br />

utility expenditures.<br />

<strong>Water</strong> Mergers and Acquisitions<br />

The investor-owned segment of the water industry is also undergoing significant<br />

change. Mergers and acquisitions have been occurring with increasing frequency and<br />

in their dollar value. In November 1999 Thames <strong>Water</strong> Plc. acquired the<br />

Elizabethtown <strong>Water</strong> Company of New Jersey for slightly less than a billion dollars.<br />

Birmingham Utilities in Connecticut was put on the market. American <strong>Water</strong> Works<br />

has been on an aggressive acquisition campaign for the last several years. Their most<br />

recent acquisition in 1999 was San Jose <strong>Water</strong> in California. They had previously<br />

acquired Continental <strong>Water</strong> Company. Philadelphia Suburban <strong>Water</strong> Corporation<br />

acquired Consumers Utilities, Inc. Aquarion <strong>Water</strong> Company of Connecticut was<br />

acquired by Kelda, Plc affiliated company of Yorkshire <strong>Water</strong>, Plc. of England one of<br />

the ten privatized British water-sewerage utilities.<br />

Enron in 1998 acquired Wessex <strong>Water</strong> Plc, another of the British water-sewerage<br />

utilities. They then spun off an IPO named Azurix that included their international<br />

water assets in South America and their North American water venture. In the mid<br />

1990s, NIPSCO acquired Indianapolis <strong>Water</strong> Company, one of the largest water IOUs<br />

in the Midwest. Other electric utility entities that have significant water holdings<br />

include Minnesota Power and Light, Duke Energy and Southern Company. Many<br />

electric utilities are considering or implementing strategies to extend their service<br />

capabilities into the water market. The commonality of the regulated operating<br />

environment and leveraging shared competencies are some of the internal business<br />

drivers for these moves.<br />

B1381-Sect1 R. W. Beck 1-3

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