28885.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

in the matter of THE APPLICATION OF UNITED WATER IDAHO INC. FOR AUTHORITY TO AMEND AND REVISE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NO. 143 (as amended) TO INCLUDE BELMONT HEIGHTS SUBDIVISION.
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CASE NO. UWI-W-01-03

ORDER NO. 28885

On September 28, 2001, United Water Idaho Inc. (United Water; Company) filed an Application in Case No. UWI-W-01-03 with the Idaho Public Utilities Commission (Commission) requesting authorization to amend and revise its Certificate of Public Convenience and Necessity No. 143 (as Amended) by enlarging and extending its certificated service area boundaries to include the Canyon County, Idaho residential subdivision of Belmont Heights, an area non-contiguous to its present system and certificated territory, and more particularly described as “a parcel of land located in the South ½ of Section 20, Township 3 North, Range 1 West, Boise-Meridian, Canyon County, Idaho.” Reference Application Exhibit A, Attachments 6 and 7, Legal Description and Map/Plan; Idaho Code 61-526; Commission Rules of Procedure, IDAPA 31.01.01.112.
United Water contends that the area requested is not within the authorized service territories of any other public utility water corporation under the jurisdiction of the Commission and will not interfere with the operation of any water utility corporation under the Commission’s jurisdiction. The Company further contends that there are no known public utilities, persons or corporations with whom the expansion is likely to compete.
United Water represents that the developer of the Belmont Heights Subdivision Phase I and II, Thueson Construction and Development, has requested that United Water provide service. The owner/developer of the subdivision has executed a “Non-Contiguous Water System Agreement.” Reference Application Exhibit B. As represented by the Company, the Agreement is identical to standard form of agreements approved by the Commission in previous cases and is consistent with United Water’s Rules and Regulations Governing Non-Contiguous Expansions. Accordingly, construction of facilities will be pursuant to the Company’s Rules and Regulations Governing Non- Contiguous Expansion (Rules 78-84) and pursuant to Rules 74-77 of the Company’s Rules relating to Water Main Extensions (Special Facilities).
United Water contends that the requested expansion of its Certificate and service territory is consistent with the public convenience and necessity. The Company represents that the public interest does not require notice or hearing on the issues presented.
COMMISSION FINDINGS
The Commission has reviewed the Company’s Application and proposed Certificate amendment. We find that the Company’s filing satisfies the statutory and procedural requirements for Certificate applications for existing utilities. Idaho Code § 61-526; IDAPA 31.01.01.112. We find that the Company’s filing and the related submitted Agreement comports with the Company’s Rules and Regulations Governing Water Main Extensions (Rules 74-77—Special Facilities) and Non-Contiguous Expansion (Rules 78-84). We find that the submitted Agreement is identical to the standard form of non-contiguous agreements approved by this Commission in previous cases. The Commission is informed that there are presently no existing customers in the Belmont Heights Subdivision. We find that the public interest in this matter does not require a hearing. The Commission finds it reasonable to issue an Order and process this Application without further notice or procedure.
The Commission notes that in response to a Staff inquiry, the Company provided a letter dated October 12, 2001, confirming that “the cost of both the primary and secondary (backup) wells, as well as all associated pumping and treatment equipment including disinfection (chlorination) equipment for Belmont Heights Subdivision, will be borne by the developer.” The cost for these facilities, the Company contends, were included in the cost estimate given to the developer and described in general terms in paragraph 4 of the Non-Contiguous Water System Agreement signed by both parties.
We find that there are no known public utilities, person or corporations with whom the proposed Certificate expansion is likely to compete. We find that the present and future public convenience will be served by issuance of an Amended Certificate of Public Convenience and Necessity to United Water for the requested area. We find it reasonable to approve the Application for Certificate Amendment and authorize construction of facilities and extension of service to Belmont Heights Subdivision in Canyon County, Idaho
CONCLUSIONS OF LAW
The Commission has jurisdiction over United Water Idaho Inc., a water utility, and its Application in Case No. UWI-W-01-03 pursuant to its authority and power granted under Title 61 of the Idaho Code and the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
In consideration of the foregoing and as more particularly described above, IT IS HEREBY ORDERED that the Certificate of Public Convenience and Necessity No. 143 of United Water Idaho Inc. be amended to reflect the addition of that particular area described as Belmont Heights Subdivision Phase I and II in Canyon County, Idaho, and as reflected and more particularly described in Case No. UWI-W-01-03 Application, Exhibit A, Attachments 6 and 7 Legal Description and Map/Plan. United Water Idaho Inc. is directed to prepare and file an amended Certificate for Commission approval.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this _______ day of October 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

vld/O:UWI-W-01-03_sw

ORDER NO. 28885 1

Office of the Secretary
Service Date
October 25, 2001