20080520Application.pdf

McDevitt & Miller LLP
Lawyers
[phone]
[phone] (Fax)
420 West Bannock Street
P.O. Box 2564-88701
Boise, Idaho 88702
May 20, 2008
Wa Hand Delivery
-r- Lù -08-0'
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, Idaho 83720
Re: Teton Springs Water and Sewer Company, LLC.
Dear Ms. Jewell:
Chas. F. McDevitt
Dean J. (Joe) Miler
~===3i:~No
-0:s-..QW
Enclosed for filing in the above matter please find the original and seven copies of the Application of
Teton Springs Water and Sewer Company, LLC.
Also enclosed are nine copies of the Testimony and exhibits of Jon Pinardi and Larry A. Crowley (one
copy designated as the "Reporter's Copy"). A computer disc containing that testimony is also enclosed.
Also enclosed are three copies of the work papers of Larry A. Crowley.
Please note that the Company requests an effective date for initial rates for water service of June 20,
2008.
Kindly return a file stamped copy to me.
Very Truly Yours,
\Smt
Dean J. Miler
DJM/hh
Enclosures
C: Teton Water and Sewer Company LLC
1:
.
"
Dean J. Miler (ISB No. 1968)
McDevitt & Miler LLP
420 West Bannock Street
P.O. Box 2564-83701
Boise, Idaho 83702
208-343-7500 (T)
208-336-6912 (F)
joe êmcdevitt -miler. com
ORIGINAL
l: 03
Attorneys for Teton Springs Water & Sewer Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
TETON SPRINGS WATER AND SEWER
COMPANY LLC, INC, FOR THE ISSUANCE
OF A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY, FOR
APPROVAL OF RATES AND CHARGES FOR
WATER SERVICE, FOR APPROVAL OF
RULES AND REGULATIONS GOVERNING
THE RENDERING OF WATER SERVICE.
) Case No. TIS ..W -66 -ò(
)
) APPLICATION FOR THE
) ISSUANCE OF A CERTIFICATE
) OF PUBLIC CONVENIENCE AND
) NECESSITY AND RELATED
) ORDERS and REQUEST FOR
) MODIFIED PROCEDURE
)
COMES NOW Teton Springs Water & Sewer Company LLC ("Teton Springs" or "the
Company") and in support of this Application respectfully shows as follows to wit:
Certificate of Public Convenience and Necessity
i.
Teton Springs is a corporation organized and existing under the laws of the state of Idaho,
and authorized to conduct business in the state of Idaho. Attached hereto as Exhibit A, are the
Company's Articles of Incorporation and Certificate of the Idaho Secretary of State.
Teton Springs is a water corporation within the meaning of the Idaho Public Utilty Law,
Idaho Code section 61-125, and Teton Springs, when certified, wil be a public utility within the
meaning ofthe Idaho Public Utility Law, Idaho Code section 61-129.
APPLICA TION FOR THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY -1
.
II.
Teton Springs provides domestic water service in Teton County, Idaho, to customers
located within the Teton Springs Golf and Casting Club Planned Unit Development. The legal
description of the area currently served and to be served by the Company is attached hereto as
Exhibit B. A map depicting the area currently serviced and to be served by the company is
attached hereto as Exhibit C.
III.
Within the Teton Springs Golf and Casting Club Planned United Development, there are
581 single family building lots and 14 commercial lots. In addition, there are two multifamily
dwellng customers which wil contain143 residential units at full build-out.
IV.
Teton Springs possesses the financial ability and good faith to receive a Certificate of
Public Convenience and Necessity and to operate its water system in the public interest.
V.
The operations of Teton Springs wil not interfere with the operations of any other water
utility under the jurisdiction of the Commssion.
VI.
Teton Springs has obtained all necessary approvals of the Idaho Deparment of
Environmental Quality.
Rate and Charges
VII.
A copy of Teton Springs' present schedule of rates for water service is attached hereto as
Exhibit D.
APPLICATION FOR THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY -2
)
VIII.
The changes in rates and charges Teton Springs seeks authority to make effective by this
Application are attached to this Application as Exhibit E. The Company requests an effective
date of June 20, 2008. Teton Springs alleges that the proposed changes in rates and charges set
forth are just and reasonable.
IX.
Teton Springs is fiing concurrently herewith testimony and exhibits including financial
statements, revenue and rate base analysis, to justify and support the proposed increase.
X.
Notice to the Company's customers is being accomplished by news media releases
simultaneously with the filng of this Application, and by an individual notice mailed to each of
Teton Springs' customers. In addition a copy of the Application is available for public inspection
at its office at 75 West 950 South, Suite 3, Victor, Idaho 83455.
XI.
Teton Springs requests that this matter be processed by Modified Procedure. If,
however, the Commission determnes that a hearing is necessary, Teton Springs stands ready for
an immediate hearing on this Application, and, if the Commission determnes that a hearing is
necessary, that a hearng be held as soon as possible.
APPLICATION FOR THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY-3
~
Rules and Regulations
XII.
Attached hereto as Exhbit F, are proposed Rules and Reguations goverg the
renderng of water serice to the Company's customers. The proposed Rules and Regulations
wil result in the provision of water serce on ters that are fair, just, reasonable and non-
discrminatory. Teton Springs requests approval of the Proposed Rules and Regulations.
Notices
XIII
Communcations in reference to this Application should be addressed to:
Dean J. Miler
McDevitt & Miler LLP
420 West Banock Street
P.O. Box 2564-83701
Boise, Idaho 83702
208-343-7500; 208-336-6912 (fax)
j oeCámcdevitt-miler. com
and
Jon Pinardi
Director
Teton Springs Water and Sewer Company LLC
75 West 950 South, Suite 3
Victor, Idaho 83455
WHEREFORE Teton Springs respectfully requests that the Commission enter its orders:
1. Issuing a cerificate of public convenience and necessity as herein requested;
2. Approving the rates and charges for water servce as herein requested with an
effective date of Jun e 20, 2008.
3. Approving the Ru1es and Reguations govering the renderig of water servce as
herein requested;
APPLICATION FOR THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY-4
~
Respectfly submitted ths \5 day of ""~\, 2008.
~N SPmNGS WATE & SEWER COMPANY LLC
an~ \
Attorneysfor Teton Springs Water & Sewer Company LLC.
STATE OF IDAHO )
: ss
County of Ada)
JON PINARI, being first duly sworn deposes and says tht he is the Diretor of
Teton Springs Water and Sewer Company; tht he has read the foregoing Application and
knows the contents thereof and that the sae ar tre to the best of his knowledge and
belief.
Jon inardi
SUBSCRIBED AND SWORN to before m this \5 day of M ~ , 2008.\~~K.\~t'~
Nota Public for Idao
Residing at: \1 \t \-, ~
Commssion Exp: \\- 0L~ OS
SHNNON R. HERNDO
NOTARY PUBLIC
STATE OF IDAHO .
IDSOS CERTIFICATE OF EXISTENCE Page 1 of 1
.
State of Idaho
I¡Offce of the Secretary of State II
CERTIFICATE OF EXISTENCE
OF
TETON SPRINGS WATER AND SEWER COMPANY, LLC
File NumberW-41745
I, BEN YSURSA, Secretar of State of the State of Idaho, hereby certify that I am the custodian of
the limited liability company records of this State.
I FURTHER CERTIFY That the records of this office show that the above-named limited liability
company fied aricles of organization in Idaho on 8/0812005.
I FURTHER CERTIFY That the limited liability company's aricles of organization have not been
dissolved.
Dated: 3/21/20088:49 AM ~~
SECRETARY OF STATE
Authentic Access Idaho Document ( http://www.accessidaho.orglpublic/portVauthenticate.html)
Tag: b5ae5f5ff8d7 40872a009d84c7fI5f99faa6292f972aOb0799ccOd6fdcf5314 f56cf235b2ada6b5d
ExHlWT A PAG i 01 i
https://www.accessidaho.org/secure/sos/corp/cert.html 3121/2008
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251
FILED EFFECTIVE
1::;i;~/~~/~~~~:~~~OOHUG -8 AM 9' I ~
(Instructions on back of application)
1. The name of the limited liabilty company is:
Teton Springs Water and Sewer Company, LLC
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2. The street address of the initial registered offce is:
1 Teton Springs Park Way, Victor, Idaho, 83455
and the name of the initial registered agent at the above address is:
Anthony L, Vest r
3. The mailng address for future correspondence is:
1 Teton Sprinçis Park Way. Victor, Idaho. 83455
4. Management of the limited liability company wil be vested in:
Manager(s) 0 or Member(s) D (please check the approprte box)
5. If management is to be vested in one or more manager(s), list the name(s) and
addressees) of at least one initial manager. If management is to be vested in the
member(s), list the name(s) and addressees) of at least one initial member.
Name Address
Teton Springs Golf & Casting
Club, LLC
1 Teton Springs Park Way, Victor, Idaho. 83455
Signature
Typed Name:
Capacity:
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DA SE IF STm8a/88/2..S .s. eeCll 3163 CT: 231 III 91
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ExlmT A PAG 2012
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BEGINING AT THE WEST QUARTER CORNER OF SECTION 23, TOWNSHIP 3
NORTH, RANGE 45 EAST OF THE BOISE MERIDIAN, TETON COUNTY, IDAHO;
THENCE N 00°00'17" E ALONG THE WEST LINE OF SAID SECTION 23 A
DISTANCE OF 2642.34 FEET TO THE NW CORNER OF SAID SECTION 23;
THENCE N 00°00'7" E ALONG TIf WEST LINE OF SECTION 14 A DISTANCE
OF 2642.79 FEET TO THE NW CORNER OF THE S ~ OF SAID SECTION 14;
THENCE S 89°39'34" E ALONG THr NORTH LINE OF THE S ~ OF SAID
SECTION 14 A DISTANCE OF 5277.41 FEET TO THE NE CORNER OF SAID S ~
OF SECTION 14; THENCE S 89°43'54" E ALONG THE NORTH LINE OF THE S ~
OF SECTION 13 A DISTANCE OF 572.23 FEET; THENCE S 00°01 '09" E A
DISTANCE OF 6180.11 FEET THENCE ALONG THE BOUNDARY OF THE
HOMESTEAD ENTRY SURVEY NO. 386 FORM E FOLLOWING TWO COURSES:
1.) N 82°37'50" W A DISTANCE OF 4623.31 FEET;
2.) N 00°33'27" E A DISTANCE OF 330.00 FEET;
THENCE N 89°43 '39" W ALONG THE SOUTH SIDE LINE OF THE N ~ OF SAID
SECTION 23 A DISTANCE OF 1270.02 FEET TO THE POINT OF BEGINING
CONTAINING 774.17 ACRES
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TOTAL ACRES 774.f/ I.e
CIy of Vicor imt An . M5 ac
TBTON s.aINGS
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EXHlarC PAGE lowi
TETON SPRINGS
GOLF AND CASTING CLUB PHASE I
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MASTER PLAN I BLOCK MAP_..-.,_.
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