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Home My WebLink About20051024Notice of Appeal.pdfMcDevitt & Miller LLP Lawyers (208) 343-7500 (208) 336-6912 (Fax) 420 W. Bannock Street O. Box 2564-83701 Boise, Idaho 83702 October 24 2005 Chas. F. McDevitt Dean 1. (Joe) Miller Via Hand delivery .". Ms. Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, ID 83720/0074 r'. '....,.,~.:,".,~.: :,"_.,)/)::: c") -.'. ,..... C:) -;-1 .;j~ fi ~0 () 0')"'::'. (/) ("' J i;: ....... RE: United Water Idaho Inc., Case No. UWI/W/O4/, Notice ot=t\ppeaft ~""'" ..... Dear Ms. Jewell: Enclosed for filing in the above matter please find United Water Idaho Inc.s Notice of Appeal. As required by Idaho Appellate Rule 23, I am also enclosing United Water s check for the filing fee in the amount of $86.00. As required by Idaho Appellate Rule 27, I am also enclosing United Water s check for preparation of the agency record in the amount of $581.00. I am also enclosing a copy of our letter to Hedrick Court Reporting which transmits our payment for the estimated amount for preparation of the reporter s transcript. Kindly return a file stamped copy of the Notice of Appeal to me. Thank you for your assistance. Mark Gennari Gregory Wyatt .. C::J Dean J. Miller (ISB # 1968) McDEVIIT & MILLER LLP 420 West Bannock Street O. Box 2564-83701 Boise, ill 83702 Tel: 208.343.7500 Fax: 208.336.6912 ioe~mcdevitt -miller .com ECEiVED ;! C';L, T 'j! f'). , l.. 4 r II L" ;), :J i_J .I. U 9, L ! C1 ' - ':' ' " c" '\" CJ,)I!L;;1L~I LUj-lrT1j v Attorneys for Appellant ORIGINAL IN THE PUBLIC UTILITIES COMMISSION OF THE ST ATE OF IDAHO IN THE MATTER OF THE APPLICATION OF UNITED WATER IDAHO INC. FOR AUTHORITY TO INCREASE ITS RATES AND CHARGES FOR WATER SERVICE IN THE STATE OF IDAHO UNITED WATER IDAHO INC. APPELLANT THE IDAHO PUBLIC UTILITIES COMMISSION RESPONDENT NOTICE OF APPEAL Case No. UWI-O4- TO: THE ABOVE NAMED RESPONDENT, THE IDAHO PUBLIC UTILITIES COMMISSION AND ITS ATTORNEY THE HON. LAWRENCE G. WASDEN ATTORNEY GENERAL OF THE STATE OF IDAHO, AND JEAN D. JEWELL SECRETARY OF THE ABOVE NAMED RESPONDENT. NOTICE OF APPEAL - 1 NOTICE IS HEREBY GIVEN THAT: 1. The above named appellant, United Water Idaho Inc., appeals against the above named respondent to the Idaho Supreme Court from Idaho Public Utilities Commission Order No. 29871, Final Order on Reconsideration, Case No. UWI-04-, entered in the above entitled proceeding on the 20th day of September, 2005, Chairman Paul Kjellander presiding. 2. Appellant has a right to appeal to the Idaho Supreme Court, and the order described in paragraph 1 above is an appealable order under and pursuant to Rule 11 (e) LA., and Idaho Code 61-626. 3. Appellant's preliminary statement of the issues on appeal which the appellant intends to assert in the appeal is: 1. Whether Respondent acted arbitrarily when it abandoned a long standing rate setting methodology and adopted a new methodology that resulted in a material understatement of the amount of investment in plant used in service to the public upon which Appellant is entitled to earn a return? 2. Whether the disallowance of investment in plant used in service to the public resulting from adoption of a new rate making methodology constitutes a taking of private property without just compensation in violation of the fifth amendment to the United States Constitution and art.l. section 14 of the Idaho Constitution. 4. Has an order been entered sealing all or any portion of the record? If so, what portion? No. 5. (a) Is a reporter s transcript requested? Yes. (b) The appellant requests the preparation of the following portions of the reporter transcript: Direct and Rebuttal Testimony of Gregory P. Wyatt. Direct and Rebuttal Testimony of Jeremiah J. Healy and associated exhibits. Direct and Rebuttal Testimony of Dennis E. Peseau and associated exhibits. Direct and Rebuttal Testimony of Scott Rhead and associated exhibits. Direct Testimony of Randy Lobb and associated exhibits. Direct Testimony of Patricia Harms and associated exhibits. 6. The appellant requests the following documents to be included in the clerk' (agency s) record in addition to those automatically included under Rule 28, LA. None. NOTICE OF APPEAL - 2 7. I certify: (a) That a copy of this notice of appeal has been served on the reporter. (b) (1) (X) That the clerk of the district court or administrative agency has been paid the estimated fee for preparation of the reporter s transcript. (2) () That the appellant is exempt from paying the estimated transcript fee because (c) (1) (X) That the estimated fee for preparation of the clerk's or agency s record has been paid. (2) ( ) That the appellant is exempt from paying the estimated fee for the preparation of the record because (d) (1) (X) That the appellate filing fee has been paid. (2) ( ) That appellant is exempt from paying the appellate filing fee because ( e) That service has been made upon all parties required to be served pursuant to Rule 20 and the attorney general of Idaho pursuant to Section 67-1401(1), Idaho Code. DATED TIllS .li!- day of 1/tJov~, 2005, McDevitt & Miller LLP Dean J. Miller McDevitt & Miller LLP 420 W. Bannock Boise, ID 83702 P: 208.343.7500 F: 208.336.6912 NOTICE OF APPEAL - 3 CERTIFICATE OF SERVICE I hereby certify that on the &~ay of October, 2005, I caused to be served, via the methodes) indicated below, true and correct copies of the foregoing document, upon: Honorable Lawrence C. Wasden Attorney General of the State of Idaho Statehouse, Room 210 Boise, ID 83702 Brad M. Purdy Attorney for the Community Action Partnership Association of Idaho 2019 North 17th Street Boise, Idaho 83702 Fax: 208.384.8511 bmpurdy~hotmail. com. William M. Eddie Advocates for the West O. Box 1612-83701 1320 West Franklin Street Boise, Idaho 83702 Fax: 208.342.8286 billeddie~rmci. net Bill Sedivy Idaho Rivers United O. Box 633 Boise, Idaho 83701 Fax: 208.343.9376 iru~idahorivers.org Sharon Ullman 9627 West Desert Avenue Boise, Idaho 83709 Fax: 362-0843 sharonu~cableone.net Chuck Mickelson Boise City Public Works O. Box 500-83701 150 North Capitol Boulevard Boise, Idaho 83702 Fax: 208.384.7841 cmickelson~c ityofbo ise. org NOTICE OF APPEAL - 4 Hand Delivered S. Mail Fax Fed. Express Email Hand Delivered S. Mail Fax Fed. Express Email Hand Delivered S. Mail Fax Fed. Express Email Hand Delivered S. Mail Fax Fed. Express Email Hand Delivered S. Mail Fax Fed. Express Email r/" Hand Delivered S. Mail Fax Fed. Express Email Douglas K. Strickling Boise City Attorney s Office O. Box 500-83701 150 North Capitol Boulevard Boise, Idaho 83702 Fax: 208.384.4454 dstrickling(g)c i tyotbo ise. org Hand Delivered S. Mail Fax Fed. Express Email Scott L. Campbell Moffatt Thomas 101 South Capitol Blvd., 10th Floor O. Box 829-83701-0829 Boise, Idaho 83702 Fax: 208.385.5384 slc (fYmoffatt com Hand Delivered S. Mail Fax Fed. Express Email NOTICE OF APPEAL - 5 ,,"