20070425Petition to amend Order No 30279.pdf

John R. Hammond, Jr., ISB No. 5470
BATT & FISHER, LLP
S. Bank Plaza, 5th Floor
101 S. Capitol Boulevard
Post Office Box 1308
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
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Attorneys for Applicant
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF SPIRIT LAKE EAST
WATER COMPANY, INC. FOR
AUTHORITY TO INCREASE ITS
RATES AND CHARGES FOR WATER
SERVICE IN THE STATE OF IDAHO
Case No. SPL-06-
PETITION TO AMEND FINAL
ORDER NO. 30279
COMES NOW Spirit Lake East Water Company ("Spirit Lake
" "
Applicant" or
Company ) and, pursuant to Idaho Public Utilities Commission s Rules of Procedure
326 and Idaho Code ~ 61-624, respectfully Petitions to Amend Commission Final Order
No. 30279, service dated April 3 , 2007 (the "Order ) as more fully set forth below.
Spirit Lake is actively investigating the possibility of transferring its water system
to a qualified party, subject to the Commission s review and approval of any such
transfer. In the event that such a transfer occurs, Spirit Lake respectfully requests that the
Commission amend that part of the Order at pp. 10-11 concerning the return on equity.
Specifically, the Company requests that the Commission amend its Order to also provide
that in the event of a Commission approved transfer of ownership of the Spirit Lake
water system to a third party, the return on equity for the new owner will be raised from
6% to 12 %, or, in the least, that the Commission will entertain a new owner s request to
PETITION TO AMEND COMISSION FINAL ORDER NO. 30279 - 1
raise the return on equity to 12%. Spirit Lake requests this relief so that a new owner
would not be punished for the Company s current situation. Spirit Lake believes that this
amendment would also aid the Company in its efforts to find a qualified party to transfer
this water system to.
CONCLUSION
Based on the foregoing, Spirit Lake respectfully requests that the Commission
amend its Final Order 30279 at pp. 10-11 to also provide that in the event of a
Commission approved transfer of ownership of the Spirit Lake water system to a third
party, the return on equity for the new owner will be raised from 6% to 12 %, or, in the
least, that the Commission will entertain a new owner s request to raise the return on
equity to 12%.
DATED THIS 24th day of April, 2007.
SPIRIT LAKE EAST WATER COMPANY
By:--I
R. Hammond, Jr.
t rney for Applicant
PETITION TO AMEND COMISSION FINAL ORDER NO. 30279 - 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY That I have, this 24th day of April, 2007, caused to mailed
a true and correct copy of the foregoing document to the following by U. S. Mail, Postage
Prepaid thereon, in the following indicated manner:
Weldon B. Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
P. O. Box 83720
Boise, Idaho 83720-0074
u. S. Mail
Hand Delivery
Facsimile
PETITION TO AMEND COMISSION FINAL ORDER NO. 30279 - 3