20051019notice of petition.pdf

Office of the Secretary
Service Date
October 19 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
HILL VIEW DEVELOPMENT CASE NO. EAG-O5-
CORPORATION TO OBTAIN WATER UWI-O5-
SERVICE TO COVENANT HILL
SUBDIVISION, AN AREA WITHIN THE NOTICE OF PETITION
CERTIFICATE BOUNDARIES OF BOTH
EAGLE WATER COMPANY AND UNITED NOTICE OF PROPOSED ORDER
WATER IDAHO INC.
NOTICE OF
COMMENT DEADLINE
YOU ARE HEREBY NOTIFIED that on October 7, 2005, Hillview Development
Corporation (Hillview) filed a Petition with the Idaho Public Utilities Commission (Commission)
requesting water service to Covenant Hill subdivision, an area located at 1501 and 1601 West
Floating Feather Road in Eagle, Idaho. The site is 48.54 acres and has recently been approved
by the Eagle City Council for development of 41 single-family lots.
A portion of the proposed Covenant Hill subdivision is within the certificated service
area of Eagle Water Company, and a portion is within the certificated service area of United
Water Idaho Inc. Hillview is constructing a pressurized irrigation system for the subdivision and
requires only potable water from a water company. Since the site is relative small and will
comprise only 41 lots, it is Hillview s desire to have only one water company provide service to
the site.
As represented in the filed Petition, Eagle Water Company informed Hillview that
there was a water line that could service the Covenant Hill subdivision at the northeast comer of
the site but until Eagle Water obtained several easements from property owners to the south for
an additional water line extension, Eagle Water could not guarantee adequate service. A copy of
a follow up letter to Eagle Water dated August 17 , 2005 is submitted along with the Petition.
is Hillview s belief based on contact with Eagle Water representatives that there has been no
effort put forth to acquire the necessary easements or assurance that Eagle Water can meet the
required fire flows for the subdivision (i., a minimum of 2 000 gallons per minute measured at
20 psi for a duration of2 hours for homes up to 6 200 square feet).
NOTICE OF PETITION
NOTICE OF PROPOSED ORDER
NOTICE OF COMMENT DEADLINE
Following discussions with Commission Staff and discovery that Covenant Hill
straddled the certificate service area boundaries of both Eagle Water and United Water, Hillview
inquired of United Water as to whether United Water was able to provide water service and the
fire flows required. Hillview also contacted the State of Idaho Division of Environmental
Quality to determine whether Eagle Water Company had any moratorium for new service.
As represented in the Petition, United Water has informed Hillview that United
Water has a well to the northeast of the Covenant Hill subdivision site and an existing water
main along the subdivision entire north boundary. Based on a design the developer
construction manager provided to United Water, United Water estimates the total construction
costs for the installation of the pipes, fittings, fire hydrants and services necessary to serve the
new subdivision to be $164 807. This figure is comprised of the contractor s cost of $146 870
for materials and installation, plus United Water s inspection and overheads.
Also included with the Petition is a copy of a September 7, 2005 letter from the
Department of Environmental Quality to Robert DeShazo of Eagle Water Company apprising
Mr. DeShazo that unless additional information is provided by Eagle Water, DEQ will not be
able to approve additional connections to the Eagle Water water system until an additional
supply source or sources are provided that are large enough to meet minimum state peak hour
demand requirements or maximum daily pumping demand plus equalization storage. Reference
IDAPA 58.01.08.550.03.
NOTICE OF PROPOSED ORDER
YOU ARE HEREBY NOTIFIED that Procedural Rule 312 allows the Commission
to issue a Proposed Order in any proceeding. IDAPA 31.01.01.312. Pursuant to Rule 312, the
Commission is issuing the attached Proposed Order for comment. The parties may file
comments or exceptions to the Proposed Order within twenty-one (21) days of the service date of
this Notice. In addition, the parties may file replies to the other parties' comments or exceptions
no later than seven (7) days after service of the initial comments or exceptions.
NOTICE OF PETITION
NOTICE OF PROPOSED ORDER
NOTICE OF COMMENT DEADLINE
YOU ARE FURTHER NOTIFIED that the Commission may adopt or revise a
Proposed Order in response to the filed comments and issue a final Order accordingly. The
Proposed Order is not an Order of the Commission unless it is later adopted by an Order.
/91*DATED at Boise, Idaho this day of October 2005.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
, /
D. Jewell
ission Secretary
N:EAG-05-03 UWI-05-03 sw
NOTICE OF PETITION
NOTICE OF PROPOSED ORDER
NOTICE OF COMMENT DEADLINE
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-O5-
UWI - W -05-
PROPOSED ORDER
On October 7, 2005, Hillview Development Corporation (Hillview) filed a Petition
with the Idaho Public Utilities Commission (Commission) requesting water service to Covenant
Hill subdivision, an area located at 1501 and 1601 West Floating Feather Road in Eagle, Idaho.
The site is 48.54 acres and has recently been approved by the Eagle City Council for
development of 41 single-family lots. The requested water provider is United Water Idaho, Inc.
Hillview requests expeditious treatment of its request for service.
A portion of the proposed Covenant Hill subdivision is within the certificated service
area of Eagle Water Company, and a portion is within the certificated service area of United
Water Idaho Inc. Hillview is constructing a pressurized irrigation system for the subdivision and
requires only potable water from a water company. Because the site is relatively small and will
comprise only 41 lots, it is Hillview s desire to have only one water company provide service to
the site.
As represented in the filed Petition, Eagle Water Company informed Hillview that
there was a water line that could service the Covenant Hill subdivision at the northeast comer of
the site but until Eagle Water obtained several easements from property owners to the south for
an additional water line extension, Eagle Water could not guarantee adequate service. A copy of
a follow up letter to Eagle Water dated August 17, 2005 was submitted along with the Petition.
It is Hillview s belief based on contact with Eagle Water representatives that there has been no
effort put forth to acquire the necessary easements or assurance that Eagle Water can meet the
required fire flows for the subdivision (i., a minimum of 2 000 gallons per minute measured at
20 psi for a duration of2 hours for homes up to 6 200 square feet).
Following discussions with Commission Staff and discovery that Covenant Hill
straddled the certificate service area boundaries of both Eagle Water and United Water, Hillview
inquired of United Water whether it was able to provide water service and the fire flows
PROPOSED ORDER
required. Hillview also contacted the State of Idaho Division of Environmental Quality
determine whether there was any moratorium for new service from Eagle Water Company.
As represented in the Petition, United Water has informed Hillview that United
Water has a well to the northeast of the Covenant Hill subdivision site and an existing water
main along the subdivision s entire north boundary.Based on a design the developer
construction manager provided to United Water, United Water by letter dated October 5 , 2005
estimates the total construction cost for the installation of the pipes, fittings, fire hydrants and
services necessary to serve the new subdivision to be $164 807. This figure is comprised of the
contractor s cost of $146 870 for materials and installation, plus United Water s inspection and
overheads. Once United Water has approved design drawings, construction of the water
facilities could start within a couple of weeks.
Also included with the Petition is a copy of a September 7, 2005 letter from the
Department of Environmental Quality to Robert DeShazo of Eagle Water Company apprising
Mr. DeShazo that unless additional information is provided by Eagle Water, DEQ will not be
able to approve additional connections to the Eagle Water water system until an additional
supply source or sources are provided that are large enough to meet minimum state peak hour
demand requirements or maximum daily pumping demand plus equalization storage. Reference
IDAPA 58.01.08.550.03.
COMMISSION FINDINGS
Based on the foregoing and the need for expeditious treatment of the request for
service, the Commission finds that the public convenience and necessity requires us to approve
the Petition of Hillview Development Corporation and authorize water service to Covenant Hill
subdivision by United Water Idaho Inc. In so doing, we find Hillview s request for a single
water provider to the subdivision to be reasonable. We also find United Water to be capable of
providing adequate service in a timely manner and to have demonstrated a willingness to provide
servIce.
CONCLUSIONS OF LAW
The Commission has jurisdiction over Eagle Water Company and United Water
Idaho Inc., public water utilities, and the service issues raised in this case pursuant to Idaho
Code, Title 61 and the Commission s Rules of Procedure. IDAP A 31.01.01.000 et seq.
PROPOSED ORDER
ORDER
In consideration of the foregoing and as more particularly described above, IT IS
HEREBY ORDERED and United Water Idaho Inc. is hereby authorized and directed to provide
potable water service to Covenant Hill subdivision.
IT IS FURTHER ORDERED that United Water Idaho Inc. and Eagle Water
Company file amended Certificates of Public Convenience and Necessity reflecting service to
Covenant Hill subdivision by United Water Idaho Inc. and removal of said area of service where
overlap exists from the Certificate of Eagle Water Company. ID AP A 31. 01. 01.112; Idaho Code
~ 61-526.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of
PAUL KJELLANDER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
Jean D. Jewell
Commission Secretary
O:EAG-05-03 UWI-05-03 sw
PROPOSED ORDER