20100427order_no_31065.pdf

Office ofthe Secretary
Service Date
Apri127 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF MURRAY WATER WORKS SYSTEMS
FOR AUTHORITY TO INCREASE ITS
RATES AND CHARGES FOR WATER
SERVICE
ORDER NO. 31065
CASE NO. MUR-10-
On January 13 , 2010, Murray Water Works Systems ("Murray Water
Company ) filed an Application requesting authority from the Commission to increase its rates
and charges for water service. The Application did not include an effective date for the proposed
increase in rates and charges.
On February 25 2010, the Commission issued a Notice of Application and Notice of
Modified Procedure establishing a 60-day comment period. On April 13, 2010, Staff conducted
a public workshop in Murray, Idaho to discuss the Company s filing. On March 5 , 2010, Staff
submitted a total of 31 production requests to Murray Water. The deadline for responses to the
production requests was March 26 2010.
On April 22, 2010, Staff submitted a Motion to Compel Responses to Production
Requests and Extension of Comment Period Deadline.
STAFF'S MOTION
On April 22, 2010, Staff submitted a Motion requesting a Commission Order
compelling Murray Water to submit full and complete responses to Staff s Production Requests.
Staff states that it has been in contact with Murray Water s sole proprietor, Mr. Arlen Lish, and
provided considerable assistance regarding the organization and preparation of documents and
materials necessary in order to respond effectively to Staffs Production Requests. Staff believes
that, with further assistance, Mr. Lish will be able to submit appropriate responses to the
production requests.
Staff also requests an extension of the current comment period set to expire on April
, 2010. Murray Water s delinquent responses to Staffs production requests necessitate an
extension of the current comment period to allow Staff adequate time to review the Company
responses and prepare its written comments regarding Murray Water s Application.Staff
requests that the deadline for issuing comments regarding Murray Water s Application be
modified from April 26, 2010 to Jun~ 15 2010.
ORDER NO. 31065
Staff stated that it provided actual notice to Murray Water of the substance of its
Motion, both by telephone and the mailing of a certified copy of its Motion to Murray Water
business address. Staff asserts that the factual circumstances, along with the actual notice
provided to Murray Water s representative, warrant immediate review and enable the
Commission to consider its Motion on fewer than l4 days' notice.
COMMISSION DECISION AND FINDINGS
The Commission has before it Staff s Motion to Compel Responses to Production
Requests and Extension of the Established Comment Period Deadline. Additionally, Staff
requests that the Commission provide procedural relief on fewer than l4 days' notice. See
Commission Rule of Procedure 256.03.
The Commission finds that it is not presently necessary to grant Staffs Motion to
Compel. The Commission finds that it is reasonable for Staff to continue working with Murray
Water to submit full and complete responses to all of Staffs Production Requests. Staff may
renew its Motion to Compel, if necessary. The Commission finds that Staffs request to extend
the previously established deadline for issuing comments regarding Murray Water s Application
until June l5, 2010, is reasonable and necessary.
ORDER
IT IS HEREBY ORDERED that Staffs Motion to Compel Responses to Production
Requests is denied at this time. Staff will continue to work with Murray Water to get the
production request responses filed. Staff s Motion may be re- filed, if necessary.
IT IS FURTHER ORDERED that the extension of the comment period is granted.
The previously established deadline by which all interested parties shall submit comments
concerning Murray Water Works Systems' Application to increase its rates and charges for water
service shall be revised. The revised comment period deadline shall be June 15 2010.
ORDER NO. 31065
DONE by Order of the Idaho Public Utilities Commission at Boise , Idaho this :2tP
day of April 20l O.
. KEMPTON;PRE ENT
il~
MARSHA H. SMITH, COMMISSIONER
.~~.)-.
ATTEST:
~&J
D. Jewel
Commission Secretary
O:MUR-IO-np2
ORDER NO. 31065