20051024Notice of Appeal.pdf

McDevitt & Miller LLP
Lawyers
[phone]
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420 W. Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
October 24, 2005
Chas. F. McDevitt
Dean 1. (Joe) Miller
Via Hand delivery
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Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
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RE: United Water Idaho Inc., Case No. UWI-W-O4...4, Notice o~ppe~
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Dear Ms. Jewell:
Enclosed for filing in the above matter please find United Water Idaho Inc.s Notice of
Appeal.
As required by Idaho Appellate Rule 23, I am also enclosing United Water s check for the
filing fee in the amount of $86.00.
As required by Idaho Appellate Rule 27, I am also enclosing United Water s check for
preparation of the agency record in the amount of $581.00.
I am also enclosing a copy of our letter to Hedrick Court Reporting which transmits our
payment for the estimated amount for preparation of the reporter s transcript.
Kindly return a file stamped copy of the Notice of Appeal to me.
Thank you for your assistance.
Mark Gennari
Gregory Wyatt
Dean J. Miller (ISB # 1968)
McDEVITI & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ill 83702
Tel: [phone]
Fax: [phone]
i oeCfYmcdev itt- miller .co m
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Attorneys for Appellant
ORIGINAL
IN THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO
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
UNITED WATER IDAHO INC.
APPELLANT
THE IDAHO PUBLIC UTILITIES COMMISSION
RESPONDENT
NOTICE OF APPEAL
Case No. UWI-O4-
TO: THE ABOVE NAMED RESPONDENT, THE IDAHO PUBLIC UTILITIES
COMMISSION AND ITS ATTORNEY THE HON. LAWRENCE G. WASDEN
ATTORNEY GENERAL OF THE STATE OF IDAHO, AND JEAN D. JEWELL
SECRETARY OF THE ABOVE NAMED RESPONDENT.
NOTICE OF APPEAL - 1
NOTICE IS HEREBY GIVEN THAT:
1. The above named appellant, United Water Idaho Inc., appeals against the above
named respondent to the Idaho Supreme Court from Idaho Public Utilities Commission
Order No. 29871 , Final Order on Reconsideration, Case No. UWI-04-, entered in the
above entitled proceeding on the 20th day of September, 2005, Chairman Paul Kjellander
presiding.
2. Appellant has a right to appeal to the Idaho Supreme Court, and the order described
in paragraph 1 above is an appealable order under and pursuant to Rule 11 (e) LA., and
Idaho Code 61-626.
3. Appellant's preliminary statement of the issues on appeal which the appellant
intends to assert in the appeal is:
1. Whether Respondent acted arbitrarily when it abandoned a long standing
rate setting methodology and adopted a new methodology that resulted in a
material understatement of the amount of investment in plant used in service
to the public upon which Appellant is entitled to earn a return?
2. Whether the disallowance of investment in plant used in service to the
public resulting from adoption of a new rate making methodology constitutes
a taking of private property without just compensation in violation of the fifth
amendment to the United States Constitution and art.1. section 14 of the Idaho
Constitution.
4. Has an order been entered sealing all or any portion of the record? If so, what
portion? No.
5. (a) Is a reporter s transcript requested? Yes.
(b) The appellant requests the preparation of the following portions of the reporter
transcript:
Direct and Rebuttal Testimony of Gregory P. Wyatt.
Direct and Rebuttal Testimony of Jeremiah J. Healy and associated exhibits.
Direct and Rebuttal Testimony of Dennis E. Peseau and associated exhibits.
Direct and Rebuttal Testimony of Scott Rhead and associated exhibits.
Direct Testimony of Randy Lobb and associated exhibits.
Direct Testimony of Patricia Harms and associated exhibits.
6. The appellant requests the following documents to be included in the clerk'
(agency s) record in addition to those automatically included under Rule 28, LA.
None.
NOTICE OF APPEAL - 2
7. I certify:
(a) That a copy of this notice of appeal has been served on the reporter.
(b) (1) (X) That the clerk of the district court or administrative agency has been paid
the estimated fee for preparation of the reporter s transcript.
(2) () That the appellant is exempt from paying the estimated transcript fee because
(c) (1) (X) That the estimated fee for preparation of the clerk's or agency s record has
been paid.
(2) ( ) That the appellant is exempt from paying the estimated fee for the preparation
of the record because
(d) (1) (X) That the appellate filing fee has been paid.
(2) ( ) That appellant is exempt from paying the appellate filing fee because
( e) That service has been made upon all parties required to be served pursuant to Rule
20 and the attorney general of Idaho pursuant to Section 67-1401(1), Idaho Code.
DATED THIS I1!..- day of 1(fJoo~, 2005.
McDevitt & Miller LLP
Dean J. Miller
McDevitt & Miller LLP
420 W. Bannock
Boise, ID 83702
P: 208.343.7500
F: 208.336.6912
NOTICE OF APPEAL - 3
CERTIFICATE OF SERVICE
I hereby certify that on the &~ay of October, 2005, I caused to be served, via
the methodes) indicated below, true and correct copies of the foregoing document, upon:
Honorable Lawrence C. Wasden
Attorney General of the State of Idaho
Statehouse, Room 210
Boise, ID 83702
Brad M. Purdy
Attorney for the Community Action Partnership
Association of Idaho
2019 North 17th Street
Boise, Idaho 83702
Fax: [phone]
bmp urdy~hotmail. col11
William M. Eddie
Advocates for the West
O. Box 1612-83701
1320 West Franklin Street
Boise, Idaho 83702
Fax: [phone]
billeddie~rmci.net
Bill Sedivy
Idaho Rivers United
O. Box 633
Boise, Idaho 83701
Fax: [phone]
iru~idahorivers.org
Sharon Ullman
9627 West Desert Avenue
Boise, Idaho 83709
Fax: [phone]
sharonu~cableone.net
Chuck Mickelson
Boise City Public Works
O. Box 500-83701
150 North Capitol Boulevard
Boise, Idaho 83702
Fax: [phone]
cmic kelson~cityofbo ise. org
NOTICE OF APPEAL - 4
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Douglas K. Strickling
Boise City Attorney s Office
O. Box 500-83701
150 North Capitol Boulevard
Boise, Idaho 83702
Fax: [phone]
dstrickling~c i tyo ilio ise. org
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Scott L. Campbell
Moffatt Thomas
101 South Capitol Blvd., 10th Floor
O. Box 829-83701-0829
Boise, Idaho 83702
Fax: [phone]
s1c~moffatt.com
Hand Delivered
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NOTICE OF APPEAL - 5