20041229Response to Intervention Petitions.pdf

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Dean J. Miller
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ID 83702
Tel: [phone]
Fax: [phone]
joeCWmcqevitt -miller. com
7ft:)fj DEC 29 PH '-i:
UTiLITiES
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SIGN
Attorneys for Applicant
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC. FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR WATER SERVICE IN
THE STATE OF IDAHO
Case No. UWI - W -04-
RESPONSE TO INTERVENTION
PETITIONS
COMES NOW United Water Idaho Inc.
, ("
United" or "the Company ) and responds to
intervention petitions filed herein by the City of Boise, Community Action Partnership
Association of Idaho (CAPAI), Idaho Rivers United (IRU), Sharon Ullman and Scott L.
Campbell.
Rules Governine Intervention
The Commission s Rules of Practice and Procedure set out the standards for determining
whether a petition for intervention should be granted. To gain intervenor status a petitioner must
show a "direct and substantial interest" in the proceeding. IPUCRP 71. The petition for
intervention must "clearly and concisely state the direct and substantial interest" of the petitioner
in the proceeding. IPUCRP 72. The Commission may grant the petition if the petition shows a
direct and substantial interest and if the Commission makes the additional finding that it would
not "unduly broaden the issues." IPUCRP 74. The Commission may also grant a petition
subject to reasonable restrictions." And
, "
If it later appears that an intervenor has no direct or
RESPONSE TO INTERVENTION PETITIONS-
substantial interest in the proceeding, or that the intervention is not in the public interest, the
Commission may dismiss the intervenor from the proceeding." IPUCRP 74.
As more fully explained below, United believes that the correct application of these rules
to the petitions on file should result in granting the petitions of the City of Boise and CAP AI; in
granting the petition of United Rivers United, subject to restrictions; and denying the petitions of
Sharon Ullman and Scott L. Campbell.
City of Boise
As both a large consumer of water provided by the Company and as a representative of
its citizens, the City, in United's opinion, has a legitimate direct and substantial interest in the
proceedings.
Community Ac~nership of Id.!!!Q
Based on CAP AI's, or its predecessors , prior participation in United Water rate cases
and other matters before the Commission, the Company believes the Community Action
Partnership is a legitimate advocate for the needs and interests of the low-income community and
thus has a direct and substantial interest in the proceeding. United believes CAPI is an
appropriate party with whom to discuss the Company s interest in establishing a low-income
assistance program.
Idaho Rivers United
According to materials available on its website (http://www.idahorivers.org/iruabouthtm) the
mission of IRU is:
Idaho Rivers United's mission is to protect, restore and improve the rivers of Idaho and
the communities that depend on them. Our focus is the ecological integrity of our rivers
but the lens we look through is citizen involvement. We involve our volunteers and
members in issues such as establishment of instream flows, protection of wild rivers
keeping rivers clean and healthy, defending at-risk populations of fish, and minimizing
the impacts of dams on Idaho s rivers. (Viewed on December 28, 2004).
RESPONSE TO INTERVENTION PETITIONS-
It its petition, IRU alleges
, "
many of its members are UWID customers" and that United
Water s "requested rates and charges will adversely (affect) the interests oflRU's members in
ensuring United Water provides efficient services at the lowest possible costs; and ensuring that
customers have viable options to conserve water and take shelter from the requested rate
increases in this case." From this, United infers that IRU is interested in the Company
conservation practices and policies. If granted, IRU's petition should be restricted to that issue.
With respect to rates and charges, the residential class of customers is adequately represented by
Staff and CAP AI. Another representative of this class with respect to rates and charges-by an
organization without a mission to do so-, in United's opinion, duplicative, both in terms of
resources and cost to the proceeding.
Sharon Ullman
While United recognizes that Ms. Ullman has previously been granted interventions, in
this case her petition alleges that her claim of direct and substantial interest is based on her status
as an individual ratepayer, not as an authorized representative of some larger group or sub-set of
ratepayers. The Commission, to United's knowledge, has not formally elaborated on the concept
of "direct and substantial" interest, but the words "direct" and "substantial" certainly imply some
interest over and above a person s status as a ratepayer, particularly when, as here, the interests
of the residential class are adequately represented.
Scott L. Campbell
Mr. Campbell's petition, while not citing any direct reference to a direct and substantial
interest, recites the petition is filed "in his individual capacity and on behalf (of) the class of all
residential rate payers." To the extent the intervention is based on his individual status as a
ratepayer, the comments above with respect to Ms. Ullman are equally applicable. Further, Mr.
RESPONSE TO INTERVENTION PETITIONS-
Campbell's assertion that he is acting on behalf of all residential ratepayers is not accompanied
by any evidence that he is authorized to do so or that any identifiable group of customers has
requested his representation.
Conclusion
In this Response United is not seeking to unduly limit public participation in the
proceeding. Rather, United is suggesting that a person s permitted level of participation be
calibrated by that person s demonstrated degree of interest in the proceeding. For example
persons desiring to communicate their views to the Commission, but whose degree of interest
does not rise to the level of "direct and substantial" may be designated as Public Witnesses
pursuant to IPUCRP 76. And, persons who desire to monitor the proceeding by receiving copies
of pleadings and papers may ask to be included on the Commission s Interested Parties list
pursuant to IPUP 39.
DATED this 29th day of December, 2004.
l~Q
RESPONSE TO INTERVENTION PETITIONS-4
CERTIFICA TE OF SERVICE
I hereby certify that on the 29th day of December, 2004, a true and correct copy of the foregoing document
was served, by the methodes) indicated below, upon:
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
O. Box 83720-83720-0074
472 West Washington Street
Boise, Idaho 83702
Fax: [phone]
wstutzm~puc. state. id~
Donovan Walker
Deputy Attorney General
Idaho Public Utilities Commission
O. Box 83720-83720-0074
472 West Washington Street
Boise, Idaho 83702
Fax: [phone]
dwalker uc.state.id.
Brad M. Purdy
Attorney for the Community Action Partnership
Association of Idaho
2019 North 17th Street
Boise, Idaho 83702
Fax: [phone]
bm urd hotmai1.com
William M. Eddie
Advocates for the West
O. Box 1612-83701
1320 West Franklin Street
Boise, Idaho 83702
Fax: [phone]
Bill Sedivy
Idaho Rivers United
O. Box 633
Boise, Idaho 83701
Fax: [phone]
iru~id~horivers.org
Sharon Ullman
9627 West Desert Avenue
Boise, Idaho 83709
Fax: [phone]
sharonu~cableone.net
RESPONSE TO INTERVENTION PETITIONS-
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Chuck Mickelson
Boise City Public Works
O. Box 500-83701
150 North Capitol Boulevard
Boise, Idaho 83702
Fax: [phone]
~son~cityotPoise.org
Douglas K. Strickling
Boise City Attorney s Office
O. Box 500-83701
150 North Capitol Boulevard
Boise, Idaho 83702
Fax: [phone]
~ing~cityotboise.org
Scott L. Campbell
Moffatt Thomas
101 South Capitol Blvd., 10th Floor
O. Box 829-83701-0829
Boise, Idaho 83702
Fax: [phone]
~c~moffatt.com
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RESPONSE TO INTERVENTION PETITIONS--6