HomeMy WebLinkAbout20040607Motion to Close.pdfORIGINAL
Dean J. Miller (ISH No. 1968)
McDevitt & Miller LLP
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
208- 34 3- 7500 (T)
208- 336-6912 (F)
joe(~Jmcdev in, miller. com
Attorneys for United Water Idaho Inc.
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE jOINT
APPLICATION OF UNITED WATER IDAHO
INC., AND BARBARA V. CHILD, D/B/A TERRA
GRANDE FOR AN ORDER APPROVING THE
PURCHASE BY UNITED WATER IDAHO INC.
OF WATER SERVlCE PROPERTIES OWNED
BY BARBARA V. CHILD; FOR AUTHORITY TO
EXPAND UNITED WATER IDAHO INC.'S
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY NO. 143 AND FOR
APPROVAL OF RATES AND CHARGES
Case No. UWI-- W --04--
MOTION TO CLOSE
COMES NOW United Water Idaho Inc., (United) and moves the Commission for an
order closing this case and in support thereof respectfully shows as follows:
1. On December 23 2003 United and Ms. Barbara V. Child d/b/a/ Terra Grande
executed an Agreement for Purchase and Sale (Agreement) of the Terra Grande Water system
which Agreement is on file with the Commission.
2. On February 19, 2004 United and Ms. Child filed with the Commission an
Application requesting, among other things, approval of the Agreement.
3. Thereafter, on April 2, 2004 the Staff of the Commission filed written Comments, in
which Staff stated:
In Staff's opinion, it is unreasonable for United Water to pay for a water system
in such a state of disrepair. Even acquisition at no cost will likely result in a
revenue deficiency that will require subsidy if included in Company's rates. Staff
cannot support any payment to Barbara Child for the Terra Grande water system
MOTION TO CLOSE-
or recovery by United Water of any such payment from existing customers. Staff
believes with the elimination of the $47,000 purchase price, acquisition by
United Water is in the public interest and should be approved.
4. Thereafter United prepared and tendered to Ms. Child a proposed Amendment to the
Agreement, the effect of which was to reduce the cash compensation to zero and to conform the
Agreement to Staff's recommendations.
5. On May 6, 2004, Ms. Child, through her attorney, advised United that the proposed
Amendment was unacceptable and that she would not execute the proposed Amendment.
Instead, United is informed, Ms. Child intends to continue to operate and manage the Terra
Grande water system.
WHEREFORE United respectfully requests that the Commission enter its order
determining that United has no further duty of performance under the Agreement and closing
this case.
Oral argument is not requested.
Respectfully submitted this
!-(
day of june, 2004.
UNITED WATER IDAHO INC.
Deanj. Ml er
Attorneys for United Water Idaho Inc.
MOTION TO CLOSE-
CERTIFICATE OF SERVICE
I hereby certify that on this ay of June, 2004, the original and seven copies of the
foregoing document were delivered to the Idaho Public Utilities Commission and true and
correct copies were served by United States Mail, postage prepaid, to the following:
Scott Woodbury, Esq.
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
PO Box 83720
Boise ID 8:~720-0074
Bill Batt, Esq.
BATT & FISHER LLP
101 South Capitol Blvd., 5th Floor
O. Box 1308
Boise, Idaho 83701
MOTION TO CLOSE-