20060105Eagle Water Petition for Reconsideration.pdf

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ATTORNEYS AT I.AW ! :1 /i~O\:SS!m~
Molly O'Leary
Tel: [phone] fax: 208,938.7904 (FA-X R€-CE-:tV~ J-3-ck:-)
roo Ilyte'richardsonand oleary. com
O, Box 7218 Boi." lD. 83707 . 515 N. 271h S" Bois", lD. 83702
3 January 2006
Ms. Jean Jewell
Commission SecretaIy
Idaho Public Utilities Commission
POBox 83720
Boise ID 83720-0074
Via Facsimile
and U.S. Mail
-'-- Dear Ms. Jewell:
RE: Case No. EAG-05-
(; wI: -Lu .-a5" -o...s
I am enclosing an original and seven (7) copies of a PETITION FOR
RECONSIDERATION in response to the Idaho Public Utilities Commission
Order in the above case.
There 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 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-O5-
UWI-O5-
PETITION FOR
RECONSIDERATION.
COMES NOW, EAGLE WATER COMPANY ("Eagle Water ), and files the
following PETITION FOR RECONSIDERATION ofthe Idaho Public Utilities
Commission s Order granting service of Covenant Hill Subdivision to United Water of
Idaho, Inc.
GROUNDS FOR RECONSIDERATION
Eagle Water bases its PETITION FOR RECONSIDERATION on the following
grounds:
1. Contrary to the Commission s statement at p. 1 of its Order, Eagle Water has not
stated that it could not guarantee adequate service to Covenant Hill Subdivision
without the 12-inch mainline extension from its Well No.6. Eagle Water has
been ready, willing and able to serve the Calhoun Property (site of the proposed
PETITION FOR RECONSIDERATION
OF EAGLE WATER COMPANY - 1
subdivision), since installation of its Floating Feather water line in 1996. The 12-
inch mainline from Well No.6 is irrelevant to Eagle Water s service ofthe
Covenant Hill Subdivision.
2. Eagle Water never received the August 17th letter allegedly sent to it by Hillview
Development Corporation.
3. Contrary to the Commission s statement at p. I of its Order, Eagle Water has
provided a letter from the Eagle Fire Department verifying that fire flow
requirements for the subdivision can be met by Eagle Water.
4. Eagle Water issued a letter on November 4, 2005 , providing a cost estimate for
service to Covenant Hill Subdivision of$155 405.00. See Exhibit 7 attached.
5. Letter from Jim Rees, P.E. See Exhibit 8 attached.
DATED this 3rd day of January, 2006.
PETITION FOR RECONSIDERATION
OF EAGLE WATER COMPANY - 2
EXHIBIT
PETITION FOR RECONSIDERATION
OF EAGLE WATER COMPANY
EXHIBIT 7
~1/B3/20~b 11:33 3:::'3021':,EAGLE WATER OJ INC AI3E 1
hA-Aft.[phone]
FAX [phone]
O. BOX 455
EAGLE. IDAHO 8361e
November 4, 2005
Re: COVENANT HILL SUBDIVISION
To Whom It May Concern:
Eagle Water (EW) has at present a 12" water main at the Northeast Corner of
the above referenced property.
At this time (EW) can furnish potable and fire protection to this project. EW is in
the process of designing a 12" line thru the project and connects to an existing
12" water main South of Hereford Drive. This connection will complete the 12'!
loop from its existing Well No.6 to the 12" main on Floating Feather Road. This
12" main extended East to the Horseshoe Bend Road.
During this past summer (05) EW monitored Well No.6 and determined that on
the peak usage days that there was an additional 2 million G.D. that was not
being used in system.
The 12" over sizing will be paid by EW and the Developers cost will be for the
line shown on their Engineering Plans.
EW cost for providing the Labor, Equipment, Material, Inspection and testing for
this project is $155,405.00. EW at this time is in negotiations with two land
owners on Hereford Drive for easements to extend 12" main line.
Any questions or comments please call me at 939-0242.
c7V
Robert DeShazo, Jr.
President
EXHIBIT
PETITION FOR RECONSIDERATION
OF EAGLE WATER COMPANY
EXHIBIT 8
Jan 03 06 04:54p Jim Rees 2083438967 p. 1
CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS
FAX [phone] N. 27TH ST. BOISE, IDAHO 83702-3113 [phone]
January 3, 2006
Bob DeShazo
Eagle Water Company
O. Box 455
Eagle, ID 83616
Re: PUC Order 29929
Dear Robert;
Hillview did not get a "will serve" letter ITom me because I had received a copy of a
letter ftom DEQ requiring a guarantee that Eagle Water Company could serve additional
customers without affecting the present or causing low pressures to any of the existing
customers. Eagle had just had a complaint and a low pressure reading in the East end ofthe system.
Eagle Water tested a fire Hydrant in the subdivision just East of Covenant Hill and the
test showed sufficient water and pressure to satisfy the Covenant Hill requirements.
Eagle Water would be able to satisfy the DEQ peak-day requirement with one of its wells
out of commission but not well number 4. In my letter to Molly in the PUC surcharge
case. I said if either of the 2000 gpm wells is out of commission the system could not
supply the required quantity of water. I noticed my mistake and e-mailed Monty
Marchus that what I meant was if well number 4 was out of commission then the peak
day could not be met. It is unfortunate that the correction was not forwarded to the PUC
staff. Well number 6 is not being used and has not been needed since October. Ifwell
number 4 is out of commission the peak demand would not be satisfied in the summer
months.
Service to Covenant Hill Subdivision would not adversely affect water supply or cause
undue hardship to existing Eagle Water customers if the loop to well Six (6) is
completedo By completing the loop the system would have much better ability to serve
more patrons. The overall plan for Eagle Water Co. System was to have a 12" on all the
major North-South, and East-West through streets. There would have been a 12" on
Ballantyne Lane to COlmect to a 12" on Floating Feather Road to complete a loop ftom
well number 6. There is no other North-South street to connect State Street to Floating
Jan 03 06 04:55p Jim Rees 2083438967
Feathers Road until Eagle Road one and one quarter miles east of Ballantyne. The area
around Ballantyne was removed ftom the area that Eagle Water could service and
therefore required a major change in the planning for the overall Eagle Water system. It
is unfortunate that the overall planning has been interrupted and a very good well has not
been able to be fully utilizedo
The designs and engineering standards are the same for Eagle Water Company and for
United Water Idaho.
If you have further questions please call.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 3rd day of January, 2006, the foregoing
PETITION FOR RECONSIDERATION was sent to the following parties as shown:
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, Idaho 83702
(X) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
(X ) 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