29017.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

UNITED WATER iDAHO iNC.

Complainant,

v.

EAGLE WATER COMPANY, INC. and
COUNTRYSIDE ESTATES LLC

Respondent.
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CASE NO. UWI-W-02-1

ORDER VACATING
SHOW CAUSE HEARING

ORDER NO. 29017

On April 19, 2002, United Water Idaho Inc. (United Water; UWI) filed a Complaint and Application for Order to Show Cause against Eagle Water Company, Inc. (Eagle Water) and Countryside Estates LLC. United Water contends that Eagle Water has and is extending water main and other facilities in and through an uncertificated “buffer zone” for the purpose of providing water service to Countryside Estates Subdivision No. 1, a subdivision located in United Water’s service territory.
On April 30, 2002, the Commission issued a Notice of Complaint and Order No. 29012 directing Eagle Water Company to appear before the Commission on May 8, 2002 to Show Cause, if any it has, why it should not be restrained from any further extension of water service facilities outside its certificated service territory or provision of water service outside its service territory and to the Countryside Estates Subdivision No. 1 in particular during the pendency of this case.
YOU ARE HEREBY NOTIFIED that on May 3, 2002, a Stipulation was filed by United Water and Eagle Water Company, pursuant to the conditions of which, the parties request that the Show Cause hearing previously scheduled for May 8, 2002 be vacated. United Water in its filing further advises the Commission that no action is required on its April 30, 2002 Motion for an Order Shortening Time for Discovery.
Commission Findings
The Commission has reviewed the filings of record in Case No. UWI-W-02-1 including United Water’s April 30, 2002 “Motion for Order Shortening Time for Discovery” and Eagle Water’s May 2, 2002 “Answer Opposing the Company’s Motion for Order Shortening Time for Discovery.” The Commission has also reviewed the May 3, 2002 Stipulation filed by United Water and Eagle Water Company. The Commission finds it reasonable based on the filings of record to vacate the Show Cause hearing previously scheduled for May 8, 2002 in Case No. UWI-W-02-1.
O R D E R
In consideration of the foregoing and as more particularly described above IT IS HEREBY ORDERED and the Commission does hereby vacate the Show Cause hearing in Case No. UWI-W-02-1 previously scheduled for May 8, 2002.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of May 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

bls/O:UWIW0201_sw3

ORDER TO VACATING
SHOW CAUSE HEARING
ORDER NO. 29017 1

Office of the Secretary
Service Date
May 6, 2002