20050124Intervention Order No 29675.pdf

Office of the Secretary
Service Date
January 24 2005
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 ORDER NO. 29675
CASE NO. UWI-O4-
On November 30, 2004, United Water Idaho Inc. filed an Application with the
Commission for authority to increase its rates and charges for water service in the State of Idaho.
On December 2, 2004, the Commission issued a Notice of Application, suspended the requested
effective date, and established December 22, 2004 as the deadline for Petitions to Intervene.
Order No. 29654. The Commission received petitions to intervene from five potential parties
and United Water objected to three of the petitions. One petitioner, Idaho Rivers United, timely
submitted a reply to United Water s response. In this Order the Commission grants the petitions
to intervene.
BACKGROUND
Persons not original parties to a proceeding who claim a direct and substantial
interest in the proceeding may petition for an order from the Commission granting intervention
to become a party. ID AP A 31.01. 01. 071. The petition must concisely state the direct and
substantial interest of the petitioner in the proceeding. IDAP A 31.01.01.072. If a petition to
intervene shows direct and substantial interest in any part of the subject matter of a proceeding
and does not unduly broaden the issues, the Commission or the presiding officer may grant
intervention, subject to reasonable conditions. IDAP A 31.01.01.074. If it later appears that an
intervenor has no direct or substantial interest in the proceeding, or that the intervention is not in
the public interest, the Commission may dismiss the intervenor from the proceeding. Id. Any
party opposing a petition to intervene must do so by motion in opposition. IDAP A 31.01.01.075.
The party answering to or responding to the motion will have fourteen days from the time of
filing of the last motion in which to respond. IDAP A 31.01.01.256.
The five Petitions to Intervene were filed by the City of Boise, the Community
Action Partnership Association of Idaho (CAP AI), Idaho Rivers United (Idaho Rivers), and two
individuals--Scott L. Campbell and Sharon Ullman. United Water objected to the Petitions of
ORDER NO. 29675
Ms.Ullman, Mr. Campbell, and Idaho Rivers. Idaho Rivers filed a reply to United Water
objection on January 5 , 2005, which is within 14 days of United Water s objection as required by
the Commission s Rules of Procedure. See IDAP A 31.01.01.256. Mr. Campbell filed a reply to
United Water s objection late in the afternoon on January 18 , 2005, which is outside the time
allowed for a response, and was also after the Commission considered the Petitions and United
Water s objections at its January 18, 2005 decision meeting. Accordingly, the Commission did
not consider Mr. Campbell's response in reaching its decision on his Petition to Intervene.
United Water did not object to the Petitions of the City of Boise and CAP AI, and the
Commission approved their intervention in separate Orders.
In its objections to the Petitions to Intervene, United Water argued that the two
individual petitions should be denied and that Idaho Rivers' participation should be limited.
Given Idaho Rivers' charter and stated policies, United Water contended that the group
participation should be limited to the issues involving United Water s conservation policies and
practices.Regarding Ms. Ullman s Petition, the Company stated her claim of direct and
substantial interest is based only on her status as an individual ratepayer, and not as an
authorized representative of some larger group or sub-set of ratepayers. The Company argued
that the requirement of a "direct and substantial interest" implies an interest over and above a
person s status as a ratepayer, particularly in light of the fact that the interests of the residential
class are adequately represented by Staff. United Water stated the same argument regarding Mr.
Campbell's Petition, and in addition noted that Mr. Campbell's assertion he is acting on behalf of
all residential ratepayers is not supported by any evidence he is authorized to do so, or that any
identifiable group of customers requested his representation.
DISCUSSION
We find, based on the pleadings filed in this case, that intervention by Idaho Rivers
and by Sharon Ullman and Scott L. Campbell in their individual capacity, will serve the purposes
of intervention as described by Rule 74 of the Rules of Procedure and should be granted.
Consistent with the legislature s stated policy "to encourage participation at all stages of all
proceedings before the commission so that all affected customers will receive full and fair
representation " the Commission has liberally allowed intervention and encouraged public
participation. See Idaho Code ~ 61-617A. If it subsequently appears that a party s intervention
is not in the public interest, or that issues are unduly broadened by an intervenor, the
ORDER NO. 29675
Commission may place limits on the party s participation or even dismiss the intervenor from the
proceeding. IDAP 31.01.01.074. The Commission will approve the Petitions to Intervene
without limitations or conditions, and will address objections about an intervenor s participation
in the future should they arise. There is nothing in the record, however, to indicate that either
Ms. Ullman or Mr. Campbell are authorized representatives of any customer group, and their
Petitions to Intervene will be granted only as individual residential customers. We also remind
the parties that approval of petitions to intervene does not assure that intervenor funding will be
awarded to any particular intervenor, as that determination is governed by Idaho Code ~ 61-
617A.
ORDER
IT IS HEREBY ORDERED that the Petition to Intervene filed by Sharon Ullman is
granted as to her individual capacity.
IT IS FURTHER ORDERED that the Petition to Intervene filed by Scott L.
Campbell is granted as to his individual capacity.
IT IS FURTHER ORDERED that the Petition to Intervene filed by Idaho Rivers
United is granted.
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers
hereafter filed in this matter on all parties of record. These Intervenors are represented by the
following for purposes of service:
Sharon Ullman
9627 W. Desert Avenue
Boise, ID 83709
Scott L. Campbell
101 S. Capitol Boulevard, 10th Floor
PO Box 829
Boise, ID 83701
William M. Eddie
Advocates for the West
PO Box 1612
Boise, ID 83701
Bill Sedivy
Idaho Rivers United
PO Box 633
Boise, ID 83701
ORDER NO. 29675
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
~.
if1'"
day of January 2005.
-61~ (J R~L-
MARSHA H. SMITH, COMMISSIONER
ATTEST:
D. Jewel
mmission Secretary
O:UWIW0401 in6
ORDER NO. 29675