20060106UWI answer EWC's reconsider petition.pdf

Dean J. Miller (ISB No. 1968)
MCDEVITT & Mll.,LER LLP
420 West Bannock Street
o. Box 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
i oeiQ),mcdevitt - miller .com
Attorneys for United Water Idaho, Inc.
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ORIGINAL
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER 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 AND UNITED
WATER IDAHO INC.
CASE NO. EAG-W-O5-
UWI-O5-
ANSWER TO PETITION FOR
RECONSIDERATION OF EAGLE
WATER CO MP ANY
COMES NOW United Water Idaho Inc.
, ("
United Water ) and, pursuant to IPUCRP
331.05, Answers the Petition for Reconsideration of Eagle Water Company dated January 6
2006 as follows, to wit:
The recitals of the Petition do not rise to the level of a specific demonstration that Order
No. 29929 is "unreasonable, unlawful, erroneous or not in conformity with the law " nor does the
Petition contain a "statement of the nature and quantity of evidence or argument the petitioner
will offer if reconsideration is granted " all as required by IPU CRP 331.01.
In reliance on Order No. 29929, and at the request of the project developer, United Water
has incurred expense in preparation for project construction. United Water has examined and
approved a final water system. United Water is currently preparing work orders and Main Line
Extension Agreement. These, it is anticipated, will be available for signature during the third
week of January and construction is expected to commence during the fourth week of January.
ANSWER TO PETITION FOR RECONSIDERATION OF EAGLE WATER COMPANY - 1
While the filing of a Petition for Reconsideration, from a legal point of view, does not
stay the effectiveness of Order No. 29929 (See Idaho Code 61-626), the pendancy of the Petition
causes uncertainty for United Water as to whether it should proceed with planned efforts
outlined above.
Because the Petition is without merit, but nonetheless creates uncertainty for United
Water and the developer, United Water requests that the Commission act expeditiously to deny
the Petition.
Respectfully submitted this kday of January, 2006.
ea J. Miller
Attorneys for United Water Idaho Inc.
ANSWER TO PETITION FOR RECONSIDERATION OF EAGLE WATER COMPANY - 2
CERTIFICATE OF SERVICE
r:fi1I hereby certify that on the JlC:::"day of January, 2006, I caused to be served, via themethodes) indicated below, true and correct copies of the foregoing document, upon:
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ill 83702
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Molly O'Leary
Richardson & O'Leary PLLC
515 North 27th Street
O. box 7218
Boise, Id 83707
City of Eagle
City Hall
310 E. State St.
O. Box 1520
Eagle, Idaho 83616
Hillview Development Corporation
150 E. Aikens, Suite A
Eagle, ill 83616
Idaho Department of Environmental Quality
1445 N. Orchard
Boise, ill 83706
ANSWER TO PETITION FOR RECONSIDERATION OF EAGLE WATER COMPANY - 3