modproc_app.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF the application of united water idaho inc. to amend and revise certificate of convenience and necessity no. 143. )
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CASE NO. UWI-W-02-02

notice of APPLICATION

NOTICE MODIFIED PROCEDURE

NOTICE OF
COMMENT/PROTEST DEADLINE

YOU ARE HEREBY NOTIFIED that on April 29, 2002, United Water Idaho Inc. (United Water; Company) filed an Application with the Idaho Public Utilities Commission (Commission) requesting authority to amend and revise its Certificate of Public Convenience and Necessity No. 143, as amended, by enlarging and extending the boundary thereof in which it is authorized to provide domestic water service. The area proposed to be served by the Company is known as the Lockwood Subdivision (Lockwood) located in the Eagle area of Ada County, Idaho. As represented by the Company, the developers of Lockwood have applied to United Water for service pursuant to the Company’s rules and regulations governing water main extensions.
Lockwood is located in an uncertificated “buffer zone” as described in Commission Order No. 26525. As recounted in the Company’s Application, in prior Case Nos. EUW-W-94-01 and EAG-W-95-01, the Commission allocated service territories between United Water and Eagle Water Company and left some areas uncertified to serve as “buffer zones.” In defining these “buffer zones” the Commission stated:
Neither utility is permitted to extend facilities into the uncertificated areas without prior Application to and authorization from this Commission. Installation of facilities into such areas without prior certification and approval will be viewed as a violation of this Order subjecting the utility to the imposition of statutory penalties.

Order No. 26525, p. 13.

The Lockwood Subdivision lies in the following designated “buffer zone”:

The uncertificated area South of Floating Feather Road and East of Ballantine Lane and extended and generally described as the East Quarter of Section 7, Township 4 North, Range 1 East, Boise-Meridian.

The Company’s Application is submitted in compliance with the requirements of Order No. 26525.
United Water contends that service to Lockwood would be provided through the Company’s 12 inch main line which is adjacent to Floating Feather Road. The Company states that it has an adequate source of supply to provide service to the residents of Lockwood and is capable of providing service in a safe and reliable manner. The Company submits that the extension of facilities to serve Lockwood is consistent with the public convenience and necessity.
United Water has served a copy of its Application upon Eagle Water Company by regular mail.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. UWI-W-02-02. The Commission has preliminarily determined that the public interest regarding the Company’s Application to extend facilities into the “buffer zone” and to provide water service to the Lockwood Subdivision and related amendment of its Certificate 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. UWI-W-02-02 is Friday, May 17, 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. UWIW-02-02 should be mailed to the Commission and to United Water Idaho at the addresse(s) 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 42564-83701
BOISE, ID 83702
E-mail: [e-mail]

Attorneys for United Water
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 must also be sent to the Applicant at the e-mail address listed above.
YOU ARE FURTHER NOTIFIED that the Application in Case No.  UWI-W-02-02 can be reviewed during regular business hours at the Idaho Public Utilities Commission, 472 West Washington Street, Boise, Idaho and at the principal office of United Water Idaho located at 8248 West Victory Road, Boise, Idaho—telephone [phone]. In addition, the Application may be viewed by accessing the Commission's Website at www.puc.state.id.us under the "File Room" icon and selecting the appropriate topic heading.

DATED 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

Vld/N:_UWIW0202_sw2

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

Office of the Secretary
Service Date
May 10, 2002