ModProc_app.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF AN APPLICATION REGARDING THE SALE OF THE STONERIDGE WATER SYSTEM (CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY nO. 365) BY KEITH GARNER AND ISSUANCE OF A NEW CERTIFICATE FOR THE SERVICE AREA TO CDS STONERIDGE ASSOCIATES—LAND, LLC AND A REQUEST FOR A RECONNECTION/STAND-BY FEE.
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CASE NO. SWS-W-01-01

NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

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:
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.
A Bill of Sale dated March 29, 2001.
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.
An inventory of Real Property transferred in the sale.
An inventory of Personal Property transferred in the sale.
A set of Financial Statements for purchaser for October 2001.
A Certificate of Existence for CDS Stoneridge Associates-Golf, LLC from the State of Utah.
An Application for Registration of Foreign Limited Liability Company 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 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. SWSW-01-01 should be mailed to the Commission, Keith Garner, Roger Sanders, Cully W. Davis and CDS Stoneridge Associates—Land LLC 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 KEITH GARNER
1204 EAST SOUTH TEMPLE
SALT LAKE CITY, UT 84102

CDS STONERIDGE ASSOCIATES—LAND LLC
4885 SOUTH 900 EAST, STE 100
SALT LAKE CITY, UT 84117

CDS STONERIDGE ASSOCIATES—LAND, LLC
c/o THOMAS W. CLARK (registered agent)
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 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. SWSW01-01 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 KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

Vld/N:_SWSW0101_sw

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

Office of the Secretary
Service Date
February 8, 2002