20051125Eagle Water summary comments.pdf

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1'.1:10" 7218 Bois. In. 83707 - 515 N. 27rh Sf. Boi,..ll). 83702
25 November 2005
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise ID 83720-0074
Hand Delivered
RE: Case No. EAG-05-
l-UI'-u..;-os-o3
Dear Ms. Jewell:
I am enclosing an original and seven (7) copies of a SUMMARY of
COMMENTS OF EAGLE WATER COMPANY, INC. in response to the Idaho
Public Utilities Commission s Proposed Order in the above case.
Ther is also a copy enclosed to be date-stamped for our office.
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Molly O'Leary (ISB No. 4996)
Richardson & O'Leary PLLC
515 North 27th Street
O. Box 7218
Boise, Idaho 83707
Telephone: [phone]
Fax: [phone]
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Attorneys for Eagle \Vater 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-O5-
UWI-O5-
SUMMARY OF COMMENTS OF
EAGLE WATER COMPANY, INC.
COMES NOW, EAGLE WATER COMPANY ("Eagle Water ), and files the
following SUMMARY of its previous Comments regarding the Idaho Public Utilities
Commission s Proposed Order granting service of Covenant Hill Subdivision to United
Water of Idaho, Inc.
SUMMARY OF COMMENTS
First of all, Eagle Water would like to begin by thanking the Commission for
granting Eagle Water s request that the Commission delay its decision regarding this
matter until its Decision Meeting on November 28, 2005.
Given the criticalness of the decision that is before the Commission to Eagle
Water s overall master plan for providing service within its existing service area, Eagle
Water believes the following summary of its Comments and position regarding this
SUMMARY OF COMMENTS
OF EAGLE WATER COMPANY - 1
matter may assist the Commission in reaching a fair and equitable resolution of this
matter that wi1l, ultimately benefit all of Eagle Waters customers.
Ninety percent ofthe proposed Covenant Hill Subdivision is located in
Eagle Water s service area.
Eagle Water is ready, willing and able to serve the proposed Covenant Hill
Subdivision. See Exhibit 5, Letter from James M, Rees, P., MTC, Inc. to R.
Tomlinson, P ,E. (Hill view Development Corporation engineering consultant) , attached.
This service will be provided from Eagle Water s existing 12-inch
mainline located on Floating Feather Road.
No additional easements are necessary to implement this service
connection to the proposed subdivision.
Eagle Water currently has sufficient fire flow pressure and potable water
supply to serve the proposed Covenant Hi1l Subdivision.
DEQ has lifted its blanket moratorium on new service connections to
Eagle Water s system, as it pertained to the proposed Covenant Hi1l Subdivision. See
Exhibit 6, attached.
The only condition to DEQ's acceptance of Eagle Water s "Will Serve
letter for Covenant Hill is the Commission s approval ofthe timeline Eagle Water has
committed to for constructing a 12-inch mainline loop from its Well No.6 to the mainline
serving the Covenant Hill. See Exhibit 6 (Letter from R. DeShazo to M. Marchus, Idaho
Department pfEnvironmental Quality, dated November 18 2005).
Eagle Water has committed to having the 12-inch mainline loop in service
on or before April 1 , 2006. Id.
In the unlikely event that Eagle Water does not meet this deadline, it will
relinquish the Covenant Hill portion of its service area to United Water.
SUMMARY OF COMMENTS
OF EAGLE WATER COMPANY -
10.United Water has already stated that it can serve Covenant Hill in the
event that Eagle Water cannot. Thus, there is no risk to Hi1lview Development.
11.The potential harm to Eagle Water, however, and its customers, of not
being able to serve Covenant Hill Subdivision is profound. As Eagle Water has
previously explained, the property upon which the subdivision is proposed (the former
Calhoun Property) has been in Eagle Water s service area for many years and has long
been identified as the most cost-effective route for the 12-inch mainline loop. It would be
prohibitively expensive to force Eagle Water to route its loop through the Downing
Downs subdivision as suggested by Mr. Merkle, of Hillview Development - a cost that
would ultimately be borne by Eagle Water s customers. Such an investment would not
be prudent.
CONCLUSION
Eagle Water respectfully requests that the Commission allow it to serve the
Covenant Hill Subdivision and, consequently complete the proposed 12-inch mainline
loop from its Well No.6 to its 12-inch mainline on Floating Feather Road. This loop will
benefit all Eagle Water customers.
DATED this 25th day of November, 2005.
ter
SUMMARY OF COMMENTS
OF EAGLE WATER COMPANY - 3
Nov 23 05 U~:~/p Jim Rees 2083438957
I"'. 1
MTC, INC.
CONSULTING ENGINEERSr SURVEYORSr AND PLANNERS
707 N. 27TH ST. BOISE. IDAHO 83702-3113 [phone] FAX [phone]
CONSULTING ENGINEER FOR EAGLE WATER COMPANY
November 23, 2005
Richard Tomlinson P.
Tomlinson Consulting, Inc.
205 N. 10th St. Suite BlOO
Boise, Idaho 83702
Dear Mr. Tomlinson,
The Covenant Hill Subdivision water system is serviceable by Eagle Water Company
under its present tariffs, rules and regulations as flied with the Idaho Public UtilitiesCommission.
The AutoCad plans have been reviewed and are approved by MTC Engineers, EagleWater Company and appear to comply with the standards for construction on file with the
Idaho Department Of Environmental Quality,
MTC Engineers and Eagle Water Company will have to inspect and approve all
construction and testing. You will be required to provide an AutoCAD copy of the DEQapproved water system to MTC Engineers prior to construction so the Eagle Water
Company distribution system records may be updated and maintained.
If you need further information, please contact me at your convenience.
(/ncerelY,
fframes
M. Roes, PE
MTC, INC.
Cc: Eagle Water Company
SUMMARY OF COMMENTS
OF EAGLE WATER COMPANY EXHIBIT 5
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STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
1445 N- Orchard. Boise, Idaho 83706. (208) 373..0550
November 21 2005
Dirk Kernpthorne, Governor
Toni Hardesty, Director
Mr. Robert DeShazo
Eagle Water CompMY
O. Box 455
Eagle, ID 83616 J'tV
RE:Revision to DEQ's September 7, 2005 letter regardiijg system capacity
Dear Mr, DeShazo:
D~artment of Environmental Q\mUty (D:aQ) $taffl1as reviewed your November 18, 2005 letter
regarding service to Covenant HiU. SubdiVision. We are revising the conditions in our letter to
you dated November 9, 2005 as fqUows:
DEQ will accept a Will Serve Letter for this project under the following conditions:
1. We accept the schedule and conditions in Eagle Water ComplUl.Y s November 18, 2005letter, .
2. The schedule m~t- a!so be acceptal*, to the Idaho Pubijc Utilities Commission,3. DEQ IUuatcoUQ\1Ct its standard review anq approval of the subjQCt project.4. PEQ cannot accept additional Will Serve Letters until the issues mentioned in the
September 7~ 2005 are resolved.
Please c.all Monty Marchus with any questions at 373-0560 or via e.-mail at
mon,ty.marchus(q).~.idaQo'~9V.You may also contact me at 373-0550.
Sincerely,~JIt.111e
Michael R. McGown
Administrator
Boise Regional Office
MGM:ve: H:\Eagle Water Company\P.-Qduction capaci~ 9.05 - upclate2.doc
Enclosure: November 18, 2005 letter from Eagle Wa,ter Company
SUMMARY OF COMMENTS
OF EAGLE WATER CaMP ANY EXHIBIT 6
1~/1~/2BB5 15: 47 9390257 EAGI_E WOlTER CO INC PAGE 02
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FAX (2~) ~67
O. BOX 455
EAGt.E; IOAHO
November 18, 2005
Dear Monty:
'ltlt
H In Itf;) uefl1af.WtJI ftUO-thIS: portion Of Its. system; thereby Improving pre~urf)elewhere in it$system.
~t:
land$,~prng,ItWouldt$GQ~QhiQrtWefQr:a~'..W$f;et toutili~ethi~ rout~ and
that exCessiVe exist wOUtcfultimately have to be;,pa$$ed on to con$umers,
C~~YQmtY IS~I~ VV..r:r~~~f$ ttt~ .-~J:1Q" ~p~nt of Environm~ntal
Q~tY tP~~'Pfq..~~:;$ij)~)~t~~\Y~~J~,~"::~9Wi~,ift(),(0 s$tvice
theiQt1dlVJjl~ ,'kn()Wn::as:CQVwm' :HIQffSuPdIVf$l9J1(~covtJlant titUS'). Your
letter YlQUid alrQW"ttTe deveroper to ~in cOrt$ttuclicin. of the subd1visionimmediatery.
Eagle Water ~~;-that .PJ;;~ t~ar a~ng it to provide serviC$ to
Covenant Hills WO\Ifd:be,con~OOad on the'fOIlOWing:
CovenanfHiil~-malollna:on'orbefQieFebruary 1 6;'2OOa,
2. ThatMTC 6ngln~'19,Jno. provJQe DEQWf;)n~.ing,drewing$r pJaos and
specifl~oh$:for t)je'~Xtfi)ri$ion' of the 124nctl'mainline to Coveriant Hills by
January 1 ()Ih., 2000.
3. Th$t 6agle WEd~constf'ijct and co~~the 12-iochmainlint) from Its Well
No.6 to Covenant Hill$on or before April 1 , 2006.
SUMMARY OF COMMENTS
OF EAGLE WATER COMPANY EXHIBIT 6
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25th day of November, 2005, the SUMMARY
of 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
(X) 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
(X) 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
(X ) Electronic Mail
CERTIFICATE OF SERVICE -