20081230order_no_30710.pdf

Office of the Secretary
Service Date
December 30, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
0 F MAYFIELD SPRINGS WATER
COMPANY, INC. FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND
NECESSITY.ORDER NO. 30710
CASE NO. MSW-08-
On August 26, 2008, the Commission issued Order No. 30628 granting Mayfield
Springs a Certificate of Public Convenience and Necessity and setting rates for the provision of
water service to its customers. On September 15, 2008, Gerald J. Corvino filed a four-issue
Petition for Reconsideration.
In Order No. 30656, the Commission granted reconsideration on the limited issue of
refunding the difference between $2 500 and $725 for residential hookup fees collected prior to
August 30, 2008.Order No. 30656 at 6. On October 28, 2008, the Commission granted an
extension of the original filing time lines in order to accommodate "ongoing settlement
negotiations regarding the civil action." Order No. 30663 at 1. It was believed that a settlement
of the civil action could also allow for resolution of the matter before the Commission on
reconsideration.
On December 15, 2008, Mr. Corvino filed a "Request for Dismissal of Order No.
30656.Mr. Corvino requests the dismissal as a result of reaching settlement terms with
Mayfield Springs in the civil court action. Mr. Corvino s motion indicates that all parties were
served with the Request. Mayfield Springs does not oppose Mr. Corvino s motion.
DISCUSSION
After reviewing Mr. Corvino s Request for Dismissal, we find it reasonable to treat
the request as a notice to withdraw his Petition for Reconsideration pursuant to Rule 68, IDAP A
31.01.01.068. Rule 68 allows a party to withdraw a pleading. Given the apparent settlement and
the fact that Mr. Corvino was the only party seeking reconsideration, we find it appropriate to
grant his request and close this case.
ORDER NO. 30710
ORDER
IT IS HEREBY ORDERED that Mr. Corvino s request to withdraw his Petition for
Reconsideration, filed on September 15, 2008, is granted pursuant to Rule 68, IDAP A
31.01.01.068, and the case is closed.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this '1+11
day of December 2008.
MARSHA H. SMITH, COMMISSIONER
~/. ~~
JIM . KEMPTON, CO ISSIONER
ATTEST:
ORDER NO. 30710