ModProc.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

NOTICE OF STIPULATION AND SETTLEMENT AGREEMENT

NOTICE OF MODIFIED PROCEDURE

NOTICE OF COMMENT/PROTEST DEADLINE

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.
YOU ARE HEREBY NOTIFIED that on June 17, 2002, United Water, Eagle Water and Countryside Estates filed a Stipulation and Settlement Agreement for Commission consideration and approval. The parties propose a procedure for unwinding Eagle Water’s service to Countryside Estates and recommend a proposed division of the buffer zone between United Water and Eagle Water, establishing a dividing line across the buffer zone east to west along the center line of State Highway 44. All of the buffer zone to the north of the dividing line will be in United Water’s service territory and all of the buffer zone to the south of the dividing line will be in Eagle Water’s service territory. The parties contend that the Stipulation is in the public interest and that all of the terms of the Stipulation are fair, just and reasonable. The Stipulation also establishes a proposed tariff rate for water delivered by Eagle Water to United Water for water service to the Countryside Estates Subdivision. At such time as United Water provides water service to the area contiguous to Countryside Estates such that it has the physical capability to provide service from its own sources of supply, United Water will cease to purchase water from Eagle Water and will connect to its own source of supply.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. UWI-W-02-1. The Commission has preliminarily determined that the public interest regarding the proposed Stipulation and Settlement Agreement may not require a hearing to consider the issues presented and that issues raised by the proposed Stipulation and Settlement Agreement 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. UWI-W-02-1 is Monday, August 12, 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 issue 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. UWIW-02-1 should be mailed to the Commission, United Water, Eagle Water and Countryside Estates 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 DEAN J MILLER
McDEVITT & MILLER LLP
420 W BANNOCK STREET
PO BOX 2564
BOISE ID 83701-2564
Attorneys for united water idaho inc.
[e-mail]

PETER J. RICHARDSON
MOLLY O’LEARY
RICHARDSON & O’LEARY
99 E STATE STREET, STE 200
PO BOX 1849
EAGLE ID 83616
attorneys for eagle water company, inc.
[e-mail]
[e-mail]

C. CLAYTON GILL
MOFFATT THOMAS
101 S CAPITAL BLVD, 10TH FL
PO BOX 829
BOISE, ID 83701-0829
[e-mail]
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. These comments should also be sent to United Water, Eagle Water and Countryside Estates at the e-mail addresses listed above.
YOU ARE FURTHER NOTIFIED that the proposed Stipulation and Settlement Agreement and the underlying Application in Case No. UWI-W-02-01 can be reviewed at the Idaho Public Utilities Commission, 472 West Washington Street, Boise, Idaho and at the principal offices of United Water Idaho (8248 W. Victory Road, Boise; telephone: [phone]) during regular business hours. The Application and proposed Stipulation and Settlement Agreement are also available on the Commission’s Website at www.puc.state.id.us under the "File Room" icon.

DATED at Boise, Idaho this _________ day of July 2002.

Jean D. Jewell
Commission Secretary

Vld/N:UWIW0201_sw

NOTICE OF STIPULATION AND SETTLEMENT AGREEMENT
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE 1

Office of the Secretary
Service Date
July 19, 2002