- 14 - private business use of the financed pipeline.16 Our resolution of the issues presented represents a matter of first impression. 1. Arguments of the Parties Respondent determined that petitioner’s arrangement with Company conveys priority rights to the capacity of the pipeline and results in private business use of more than 10 percent of the bond proceeds under section 141(b)(1). Respondent also determined that payments received from the sewage ratepayers are private payments that represent more than 10 percent of the debt service on the bonds under section 141(b)(2). Petitioner argues that the only purpose for constructing the pipeline is the governmental purpose of sewage disposal. It contends that the arrangement with Company does not involve any use by Company of the financed pipeline and that Company uses only the wastewater that is disposed of through that pipeline. Petitioner contends that Company’s use of the wastewater begins only when the disposal function of the pipeline is completed and Company takes responsibility for the waste byproduct. Petitioner argues, in the alternative, that, if Company’s arrangement is 16Respondent addresses his determination and his contentions on brief to Company’s arrangement with petitioner. He does not rely on the arrangements with the irrigators. Payments from the irrigators will not exceed 5 percent of the debt service on the proposed bonds. Further, as we discuss below, the sewage ratepayers use the pipeline as members of the general public. Therefore, their use cannot cause the pipeline to be private business use property.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011