ModProc_app.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE PROPOSED SALE OF THE MURRAY WATER WORKS SYSTEM. )
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CASE NO. MUR-W-02-1

NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

NOTICE OF COMMENT/ PROTEST DEADLINE

YOU ARE HEREBY NOTIFIED that the Murray Water Works system serves the original town site of Murray located on National Forest Highway No. 9 in Shoshone County, Idaho. Murray is situated on Pritchard Creek approximately 16 miles northeast of the City of Wallace near the Montana border. The public system predates the Commission and serves approximately 30 residential customers. Harry and Mary Lou Almquist currently own Murray Water Works and provide water service under Certificate of Public Convenience and Necessity No. 208.
YOU ARE FURTHER NOTIFIED that on July 29, 2002, the Idaho Public Utilities Commission received a letter from the Almquists indicating that Mr. Almquist can no longer maintain the Murray water system. The letter requests Commission approval of the sale of the water system to Arlen and Nancy Lish, owners of an excavating company that will upgrade the system to meet Department of Environmental Quality (DEQ) requirements.
YOU ARE FURTHER NOTIFIED that in a letter received by the Commission on July 25, 2002, Mr. Lish indicated that he has been in the excavation business since 1985 and is the owner of Lish Excavation & Construction. He further indicated that he has met with DEQ and Commission representatives to discuss the problems faced by Murray Water Works. Mr. Lish also stated that he has the equipment and expertise to fix and maintain the Murray system.
YOU ARE FURTHER NOTIFIED that the Bill of Sale, Warranty Deed and Deed of Trust dated July 30, 2002 convey Murray Water Works with all its property excluding a steel tank, a wooden tank, pipes from the streams, and water rights from the streams from the Almquists to the Lishs for $10,000. Under the terms of the Bill of Sale, final sale of the system is contingent upon approval by the Idaho Public Utilities Commission.
YOU ARE FURTHER NOTIFIED that in order to bring the system into compliance with drinking water laws, DEQ has ordered Murray Water to replace a water line that currently delivers surface water from local streams to Murray customers located on the eastern part of the system and connect them to the existing well. Mr. Lish plans to complete this major upgrade to the Murray system in the near future before winter sets in. Murray Water Works will likely be required to increase its customer rates in the future to fund these DEQ-mandated improvements.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has preliminarily determined that the public interest regarding the proposed sale may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. Reference Commission Rules of Procedure, IDAPA 31.01.01.201-204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. Reference IDAPA 31.01.01.203.
NOTICE OF COMMENT/PROTEST DEADLINE
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to the Application and the Commission’s use of Modified Procedure in Case No. MUR-W-02-1 is Tuesday, September 3, 2002. Persons desiring a hearing must specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. Reference IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. MUR-W-02-1 should be mailed to the Commission, Harry and Mary Lou Almquist, and Arlen and Nancy Lish at the addresses reflected below.

COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, ID 83702-5983 HARRY AND MARY LOU ALMQUIST
BOX 418
MURRAY, ID 83874

ARLEN AND NANCY LISH
410 VALLEYVIEW RD
KINGSTON, ID 83839

All comments should contain the case caption and case number shown on the first page of this document.
Persons desiring to submit comments via e-mail may do so by accessing the Commission’s homepage located at www.puc.state.id.us under the heading “Contact Us.” Once at the “Contact Us” page, select “Email Question or Comment Regarding a Formal Utility Case,” fill in the case number as it appears on the front of this document, and enter your comments.
YOU ARE FURTHER NOTIFIED that the Application in Case No. MUR-W-02-1 can be reviewed during regular business hours at the Idaho Public Utilities Commission, 472 West Washington Street, Boise, Idaho and the Almquists’ residence in Murray, Idaho (telephone: [phone]).

DATED at Boise, Idaho this day of August 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

N:MURW0201_ln

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE 1

Office of the Secretary
Service Date
August 13, 2002