20051121Eagle Water rebuttal comments.pdf

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Molly O'Leary
Tel: [phone] fax: [phone]
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0. Box 7218 Boise to. 83707 - 515 N. 27rh St. Boi.e, !D. 83702
November 18 , 2005
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise ID 83720-0074
Hand Delivered
RE: Case No. EAG-O5-
UwI-L.u-OS--
Dear Ms. Jewell:
I am enclosing an original and seven (7) copies of the REBUTTAL
COMMENTS OF EAGLE WATER COMPANY, INC'S. in response to the Idaho
Public Utilities Commission s Proposed Order in the above case.
Molly O'Leary (ISB No. 4996)
Richardson & O'Leary PLLC
515 North 27th Street
O. Box 7218
Boise, Idaho 83707
Telephone: [phone]
Fax: [phone]
Attorneys for Eagle Water Company, Inc.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTTER OF THE PETITION OF)
HILL VIEW DEVELOPMENT
CORPORATION TO OBTAIN WATER
SERVICE TO COVENANT HILL
SUBDIVISION, AN AREA WITHIN THE
CERTIFICATE BOUNDARIES OF BOTH
EAGLE WATER COMPANY, INC. AND
UNITED WATER IDAHO, INC.
CASE NO. EAG-W-OS-
UWI - W 05-
REBUTTAL COMMENTS OF EAGLE
WATER COMPANY, INC.
COMES NOW, EAGLE WATER COMPANY ("Eagle Water ), and files the
following Rebuttal Comments in response to the Idaho Public Utilities Commission
Proposed Order granting service of Covenant Hill Subdivision to United Water of Idaho
Inc.
COMMENTS
In response to Mr. Merkle s Comments, forwarded to the Commission on
November 14 , Eagle Water has the following rebuttals:
The obtaining of easements to loop Eagle Water s Well No.6 into its
existing 12-inch mainline along Floating Feather Road is a red herring in terms of Eagle
Water current ability to provide sufficient potable water and fire flow protection to the
proposed subdivision. Eagle Water maintains that it has sufficient water supply and
REBUIT AL COMMENTS OF EAGLE WATER COMPANY -
pressure to serve Covenant Hills even without the 12-inch mainline loop. However
Eagle Water believes that construction of a 12-inch mainline loop up to and through
Covenant Hills is critical for augmenting and improving water pressure throughout its
system.
The Calhoun Property (site of the proposed subdivision) has been in Eagle
Water s service area for more than 20 years -long before United Water came to town.
Routing a 12-inch mainline through the Calhoun Property has been in Eagle Water
master plan long for a long time and numerous decisions regarding the placement of
system plant have been made based on that plan.
Downing Downs Subdivision is not a viable, cost-effective route for constructing
Eagle Water s 12-inch mainline loop. Although the reason for this would seem to be
obvious even to a lay person, it apparently is not obvious to Mr. Merkle despite his
extensive experience in the construction trade. It is far more expensive to dig up existing
pavement and remove existing mature landscaping and otherwise work around obstacles
found in an established subdivision than it is to route said line through undeveloped
ground. Although Mr. Merkle may not have to pay for the consequences of using such a
costly route, Eagle Water s rate payers would.
Covenant Hill Subdivision does not "straddle" the boundary between
United Water and Eagle Water s certificated areas. Thirty-six ofthe proposed 40 homes
for Covenant Hill subdivision are in Eagle Water s certificated area.
Eagle Water has been working with DEQ to clarify its current ability to
serve the Covenant Hill subdivision. Based on discussion with DEQ on Thursday,
November 17th and Friday November 18 , Eagle Water believes that an immediate lifting
ofDEQ's September 7th moratorium on new service connections, as it pertains to this
subdivision, is imminent. Once that moratorium is lifted, Hillview Development may
commence construction according to its stated schedule.
REBUIT AL COMMENTS OF EAGLE WATER COMPANY - 2
Consequently, Eagle Water requests that the Commission delay a decision in this
matter until November 21 2005.
DATED this 18th day of November, 2005.
REBUTTAL COMMENTS OF EAGLE WATER COMPANY - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 18th day of November, 2005, the REBUTTAL
COMMENTS OF EAGLE WATER COMPANY, INC. was sent to the following parties as
shown:
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, Idaho 83702
( ) u.S. Mail, Postage Prepaid
(X) Hand Delivered
( )
Overnight Mail
( ) Facsimile
( ) Electronic Mail
City of Eagle
City Hall
310 East State Street
O. Box 1520
Eagle, Idaho 83616
( ) U.S. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
(X) Facsimile
( ) Electronic Mail
Hillview Development Corporation
150 E. Aikens, Suite A
Eagle, Idaho 83616
( ) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
(X) Facsimile
( ) Electronic Mail
Idaho Department of Environmental Quality
1445 North Orchard
Boise, Idaho 83706
( ) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( X ) Facsimile
( ) Electronic Mail
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock
Boise, Idaho 83702
( ) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( X ) Facsimile
( ) Electronic Mail
CERTIFICATE OF SERVICE - 1