20050428Reply comments.pdf

!;,. '. " ", ! , " , \ .
"0 ~ , \i
'" ' ':-
u r- n\Li C, v
Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
i oe~mcdevitt-miller .com
ILF:D
.-~
1005 pJ'R 28 flit 3: I'
i '
,,; ",; "
jel L iL
UTILITIES COt'1f'ljSSIO~i
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER ID AH 0 INC., TO AMEND AND
REVISE CERTIFICATE OF CONVENIENCE AND
NECESSITY NO 143
Case No. UWI-05-
REPLY COMMENTS
COMES NOW United Water Idaho Inc.
, ("
United " the "Company ) and submits the
following Reply Comments to the Comments of the Commission Staff ("Staff') dated the 15th
day of April, 2005 and to the letter Comments of the City of Meridian ("City ) dated April 21
2005.
Commission Staff Comments
The Company concurs in Staff's analysis and recommendation that:
If the Commission were to deny United Water s Application it would effectively
deny water service to Black Rock for an indefinite period of time. Especially given that
Black Rock is located outside of Meridian s Area of Impact, Staff believes that the
Commission should give approval to at least serve Black Rock. In addition, however
Staff also believes that it is reasonable and in the public interest for the Commission to
approve expansion of the Company s certificated area to include the requested areas
adjacent to Black Rock that are not within Meridian s Area of Impact. For those areas
within Meridian s Area of Impact, Staff believes the Commission should carefully weigh
additional arguments expected to be put forth by the City of Meridian and United Water
regarding the ability and legal authority of each to provide service.
Staff recommends that United Water be granted approval to expand its
certificated area to include all those areas identified in its Application that are not located
within the City of Meridian s Area of Impact. For those areas within the City s Area of
Impact, Staff recommends that the Commission consider the arguments of the City of
Meridian and Untied Water.
As noted by Staff, a small portion of the requested expansion area is within the City of
Meridian Area of Impact. (See Attachment A to Staff Comments). In order to avoid, to the
REPLY COM M ENTS Page 1
extent possible, conflict with the City, United hereby consents to a re-definition of the expansion
to eliminate that portion of the expansion area that overlaps with the City s Area of Impact.
Attached hereto as Exhibit B is a map depicting United's proposed area of expansion after
eliminating the overlap with the City s Area of Impact.
City of Meridian Comments
As noted above, the Company is consenting to a re-definition of the expansion to
eliminate the small portion that is within the City s Area of Impact.
This, the Company, believes satisfies the legitimate interests of the City. In its
Comments, the City expresses a generalized desire to extend its Area of Impact into United'
expansion area and thus have the ability to control and direct growth within the area. The City
admits, however, that requests to extend its Area of Impact have been rejected by Ada County.
Until such expansion occurs, the City does not have the legal ability to annex property within the
area or to control patterns of growth. See Ada County Code 9-2; City of Meridian 2002
Comprehensive Plan.
Further, as a practical matter, it will be some time into the future before the City could
actually provide service to the area. As the City admits, in its Comments, it has not yet started
water and sewer planning for the area, although it hopes to engage an engineering firm to
commence that process. The map accompanYing the City Comments indicates that the City does
not have water distribution facilities any where near the Black Rock development.
By contrast, United has the capability of providing service now and Black Rock is
requesting service now, not several years in the future. United recently inquired of Black Rock
with respect to the status of the development and Black Rock reports that it is proceeding
diligently to obtain necessary approvals, having filed necessary applications and plans with Ada
County, Ada County Highway District and the Idaho Department of Environmental Quality.
REPLY COMMENTS Page 2
Conclusion
Based on the foregoing, United respectfully requests that its Application be granted, as
modified by United's consent to eliminate any overlap with the established City of Meridian
Area of Impact.
DATED this l\./'~ay of April, 2005.
UNITED WATER IDAHO INC.
\~/1
Dean J. Miller
Attorney for Applicant
REPLY COMMENTS Page 3
Certificate of Service
I hereby certify that on theQth day of April, 2005, a true and correct copy of the foregoing document
was served by the methodes) indicated below, upon:
Brad Watson, P .
Public Works Director
City of Meridian
660 East Watertower Lane, Suite 200
Meridian, Idaho 83642
Fax: [phone]
Hand Delivered
S. Mail f)l'Fax Fed. Express
Bill Nary, Esq.
Attorney for the City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
Fax: [phone]
Hand Delivered S. Mail Fax Fed. Express
~~~ -
0//
REPLY COMMENTS Page 4
SEE CASE FILE
FOR MAP(S)
. '