20020208Notice of Applications.pdf

Office of the Secretary
Service Date
February 8,2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF AN APPLICATION )REGARDING THE SALE OF THE STONE-)CASE NO.SWS-W-01-01
RIDGE WATER SYSTEM (CERTIFICATEOF )PUBLIC CONVENIENCE AND NECESSITY )NOTICE OF APPLICATION
NO.365)BY KEITH GARNER AND ISSUANCE )OF A NEW CERTIFICATE FOR THE SERVICE )NOTICE OF MODIFIED
AREA TO CDS STONERIDGE ASSOCIATES-)PROCEDURELAND,LLC AND A REQUESTFOR A )RECONNECTION/STAND-BY FEE.)NOTICE OF COMMENT/PROTEST
)DEADLINE
YOU ARE HEREBY NOTIFIED that on December 21,2001,the Idaho Public
Utilities Commission (Commission)received an Application apprising the Commission of the
sale of the Stoneridge Water System and requesting that existing Certificate of Convenience and
Necessity No.365 in the name of Keith Garner dba Stoneridge Water System be cancelled and a
new certificate for the service area be issued to CDS Stoneridge Associates-Land,LLC (CDS).
CDS is a Utah Limited Liability Company qualified to do business in Idaho dba Stoneridge
Water Company.Reference Idaho Code §61-526;IDAPA 31.01.01.111.The Application (as
amended by letter dated February 01,2002)also requests approval of a reconnection fee of $50
or at the customer's option,a $14 stand-by fee for each month during the period of discontinued
service.No other change in rates or charges is requested.
Accompanying the Application are copies of:
1.A Purchase and Sale Agreement between Keith Garner and Cully W.Davis (or
related assigns)dated November 8,2000 together with an addendum dated
December 22,2000.
2.A Bill of Sale dated March 29,2001.
3.A Special Warranty Deed dated March 29,2001 bearing the stamp of the Bonner
County Recorder indicating it was filed as Instrument No.579483 on April 2,
2001.
4.An inventoryof Real Property transferred in the sale.
5.An inventoryof Personal Property transferred in the sale.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTESTDEADLINE 1
6.A set of Financial Statements for purchaser for October 2001.
7.A Certificate of Existence for CDS Stoneridge Associates-Golf,LLC from the
State of Utah.
8.An Application for Registration of Foreign Limited LiabilityCompany bearing the
stamp of the Idaho Secretary of State.
BACKGROUND
The Stoneridge Water System is a public utility providing water supply to the
Stoneridge golf resort community near the town of Blanchard,in Bonner County,Idaho.
Commission Staff notes that CDS has been operating this water system since January 1,2001 and
that CDS has retained the employee responsible for the operation and maintenance of the system.
Staff believes that CDS has demonstrated both the financial and technical ability to operate and
maintain the water system.Staff recommends that CDS be directed to segregate the water system
operation from the other business activities of CDS.Staff further recommends that all water
system assets be separately identified and that an accounting system consistent with the
Commission's Annual Report Form be established.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of
record in Case No.SWS-W-01-01.The Commission has preliminarily determined that the public
interest regarding the sale of Stoneridge Water System and issuance of a new certificate to CDS
Stoneridge Associates-Land,LLC,and the proposed reconnection/stand-by fees may not
require a hearing to consider the issues presented and that 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.
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE 2
Case No.SWS-W-01-01 is Friday,March 1,2002.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 based on the written positions before it.Reference IDAPA
31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case
No.SWS-W-01-01 should be mailed to the Commission,Keith Garner,Roger Sanders,Cully W.
Davis and CDS StoneridgeAssociates-Land LLC at the addresses reflected below.
COMMISSION SECRETARY KEITH GARNER
IDAHO PUBLIC UTILITIES COMMISSION 1204 EAST SOUTH TEMPLE
PO BOX 83720 SALT LAKE CITY,UT 84102
BOISE,IDAHO 83720-0074
CDS STONERIDGE ASSOCIATES-LAND LLC
Street Address for Express Mail:4885 SOUTH 900 EAST,STE 100
SALT LAKE CITY,UT 84117
472 W WASHINGTON ST
BOISE,ID 83702-5983 CDS STONERIDGE ASSOCIATES-LAND,LLC
C/o THOMAS W.CLARK (REGISTEREDAGENT)
109 N ARTHUR,5TH FL
PO BOX 991
POCATELLO,ID 83204-0991
CULLY W.DAVIS
1350 E DRAPER PARKWAY
DRAPER,UT 84020
ROGER SANDERS
UTILITY MANAGER-CDS
364 STONERIDGE ROAD
PO BOX 280
BLANCHARD,ID 83804
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTESTDEADLINE 3
at the "Contact Us"page,select "Email Case Comments or Questions,"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.SWS-W-01-01
can be reviewed during regular business hours at the Idaho Public Utilities Commission,472
West Washington Street,Boise,Idaho and at the utility offices of CDS located in the Stoneridge
resort community,364 Stoneridge Road,Blanchard,Idaho (phone:[phone]).
DATED at Boise,Idaho this '?day of February 2002.
PAUL K.EL ER,PRESIDENT
ARSHA H.SMITH,COMMISSIONER
EMIS S.HÁNS ,C MMISSIONER
ATTEST:
Je D.Jewell
Co mission Secretary
V1d/N:SWSW0101 sw
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTESTDEADLINE 4