20050824Answer to IRU's petition.pdf

Dean J. Miller
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ill 83702
Tel: [phone]
Fax: [phone]
ioe~mcdmtt-miller.com
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Attorneys for Applicant ORIGINAL
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-O4-
ANSWER TO IDAHO RIVER
UNITED'S PETITION FOR
AMENDMENT OR
RECONSIDERATION
COMES NOW United Water Idaho Inc.
, ("
Company
, "
United Water ) and
pursuant to IPUCRP 331., Answers the Petition of Idaho Rivers United ("IRU") for
Amendment or Reconsideration ("Petition ) as follows:
As noted in the Petition, United Water agrees that the preparation of a new
conservation plan is appropriate. At hearing the Company committed to undertake steps
toward the creation of a new plan. (Tr., pg. 981).
The Company disagrees, however, with the Petition s suggestion that a December
2005 deadline be established for completion of the plan. (Petition, pg. 3). As Mr.
Wyatt explained at the hearing, it is not clear that the necessary effort required to prepare
a plan can be accomplished in that length of time:
The Company is, however, unsure how long the consultant procurement
process will take and is similarly unsure how long such a comprehensive
study will take. Therefore, the Company recommends the Commission
ANSWER TO IDAHO RIVER UNITED'S PETITION FOR AMENDMENT OR
RECONSIDERA TION - 1
allow it the opportunity to identify and interview potential consulting
firms to determine timing before establishing a deadline for the study
completion. (Tr., pg. 981).
Preparation of a comprehensive plan will require completion of several tasks
including: research possible consulting firms to do the study, evaluate their experience
develop a scope of work, issue RFP', review proposals, interview potential consulting
firms, select one, and establish a contract. The selected consultant must then perform its
analysis and prepare a written report. While the Company will proceed expeditiously
with the planning project, the Company doubts all of these tasks can be completed by
December 15 2005.
Moreover, there is not support in the record for the selection of a December 15
2005 deadline as suggested in the Petition. IRU Witness Wojcik did not recommend a
specific deadline for completion, only that the new plan be completed "as soon as
possible following this case." (Tr., pg. 949, 953).
Accordingly, taking into account the number and complexity of tasks to be
accomplished and the Company s prior experience with conservation planning, the
Company recommends that the Commission establish a deadline for submission of a plan
nine (9) months from the date of an order requiring preparation of the plan.
Additionally, the Petition appears to pre-judge conservation programs to be
implemented, as it suggests
, "
The plan should include recommendations for
implementation of conservation programs including rebate and retrofit incentives for
water-saving devices, landscaping or other measures." (Petition, pg. 3 , emphasis added).
ANSWER TO IDAHO RIVER UNITED'S PETITION FOR AMENDMENT OR
RECONSIDERA TION - 2
Presumably, the purpose of a conservation planning effort would be to evaluate the
viability and cost-effectiveness of various measures, before requiring their
implementation.
Accordingly, the Company recommends that any Commission order requiring the
preparation of a conservation plan not pre-endorse any specific measures, but require an
evaluation of all potential measures.
Dated this ~ Ltday of August, 2005
:DEVITT & MILLER LLP
Dean 1. Miller
Attorneys for United Water Idaho Inc.
ANSWER TO IDAHO RIVER UNITED'S PETITION FOR AMENDMENT OR
RECONSIDERA TION - 3
CERTIFICATE OF SERVICE
I hereby certify that on the i~day of August, 2005, I caused to be served, via
the methodes) indicated below, true and correct copies of the foregoing document, upon:
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Brad M. Purdy
Attorney for the Community Action Partnership
Association of Idaho
2019 North 17th Street
Boise, Idaho 83702
Fax: [phone]
bm urd hotmail.com
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William M. Eddie
Advocates for the West
O. Box 1612-83701
1320 West Franklin Street
Boise, Idaho 83702
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Bill Sedivy
Idaho Rivers United
O. Box 633
Boise, Idaho 83701
Fax: [phone]
irutfYid~horivers.org
Sharon Ullman
9627 West Desert A venue
Boise, Idaho 83709
Fax: [phone]
sharon utfYcab leone. net
Chuck Mickelson
Boise City Public Works
O. Box 500-83701
150 North Capitol Boulevard
Boise, Idaho 83702
Fax: [phone]
~sontfYcityo ilio ise. org
Douglas K. Strickling
Boise City Attorney s Office
O. Box 500-83701
150 North Capitol Boulevard
Boise, Idaho 83702
Fax: [phone]
dstrick! ingtfYcityo ilioise. org
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ANSWER TO IDAHO RIVER UNITED'S PETITION FOR AMENDMENT OR
RECONSIDERA TION - 4
Scott L. Campbell Hand Delivered 1......8
Moffatt Thomas S. Mail 1......8
101 South Capitol Blvd., 10th Floor Fax 1......8O. Box 829-83701-0829 Fed. Express 1......8 .Boise, Idaho 83702 Email I..:iFax: 208.385.5384
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Mark Gennari Hand Delivered 1......8
United Water Management S. Mail 1......8
200 Old Hook Road Fax 1......8Harrington Park, NJ 07640-1799 Fed. ExpressMark. Gennari((j) U nitedW ater . com Email
ANSWER TO IDAHO RIVER UNITED'S PETITION FOR AMENDMENT OR
RECONSIDERA TION - 5