20041026Reply Comments of City of Nampa.pdf

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Terrence R. White
WHITE PETERSON
5700 East Franklin Road, Suite 200
Nampa., Idaho 83687-7901
Tel: [phone]
Fax: [phone]
trw~whitepeterson. com
ZIWiJ OCT 26 Pr'1 3:
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UTiLI fIES COr/il"i!SSiON
Attorneys for the City ofNampa
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MA TIER OF THE APPLICATION
OF UNITED WATER IDAHO INC., FOR AN
AMENDMENT TO ITS CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
NO. 142 AND FOR AN ACCOUNTING ORDER.
Case No. UWI- W -04-03
REPLY COMMENTS OF
THE CITY OF NAMPA
COMES NOW the City ofNampa
, ("
Nampa" or the "City") Idaho, through its counsel
and replies to the Comments of the Commission Staff as follows:
The City concurs with Staff's engineering analysis. The transfer of the Carriage Hill well
and distribution system to Nampa will be beneficial because it will enable the connection of a
second source of supply to the subdivision, will result in lower rates for Carriage Hill customers
and will permit orderly expansion of the City's municipal boundaries and water system.
It is important to the City that when the Carriage Hill system is transferred to the City
that all debts associated with the system are extinguished. For this reason, in the Purchase and
Sale Agreement Nampa agreed that sales proceeds, sufficient in amount to extinguished the debt
be paid to United Waterworks. Thus, while the City does not have a direct interest in the
regulatory issues presented by Staff's Comments , the City is concerned about the practical
consequence of Staff's recommendations. If the transaction does not close as contemplated by
the Purchase and Sale Agreement there could be a number of undesirable consequences: Further
development of the Carriage Hills sub-division could be halted, at least until the second source of
RFPI V r.OftAftAFNT~ OF THF r.JTY OF NAftAPA-
supply requirement could be resolved. As the City continues expanding its municipal water
system, the Carriage Hill area could become an island served by one utility, but surrounded by
another. Currently, the City, the developers, United Water Idaho and United Waterworks have a
harmonious relationship based on the Purchase and Sale Agreement and the Loan Repayment
Agreement. If the transaction does not close as proposed, the relationships between these parties
could become adverse, to the probable detriment of all concerned.
Accordingly, Nampa respectfully requests that the transaction be approved as proposed
by United Water s Application.
Respectfully submitted this ay of October, 2004
WHITE PETERSON
Terrence R. White
Attorneys for the City ofNampa
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CERTIFICATE OF SERVICE
I hereby certify that on theZt'~y of October, 2004, I caused to be served, by the method ( s)
indicated, the original and seven (7) copies of the foregoing document upon:Jean J ewell ~nd Delivery
Idaho Public Utilities Commission - U.S. Mail, Postage Prepaid
472 West Washington Street Overnight Courier
O. Box 83720-83720;0074 Telecopy
Boise, Idaho 83702
Fax: 334;0324
and one (1) copy upon:
DeanJ. Miller
McDevitt & Miller LLP
420 West Bannock Street
P. O. Box 2564-83702
Boise, Idaho 83702
Fax: [phone]
~nd Delivery
- U.S. Mail, Postage Prepaid
Overnight Courier
T eJecopy
Dated thi~day of October, 2004.
O/-..,~~
RFPI Y r.()MMFNT~ ()F THF r.ITV OF NAMPA-