20060502Stipulation.pdf

McDevitt & Miller LLP
Lawyers
[phone]
[phone] (Fax)
420 W. Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Chas. F. McDevitt
Dean 1. (Joe) Miller
May 2, 2006
. .
Via Hand Delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, Idaho 83720
, ,
Re: Case No. UWI-05-
Dear Ms. Jewell:
Enclosed for filing in the above matter please find the original and seven (7) copies of a
Stipulation Between United Water and the City of Meridian.
An additional copy of the document and this letter is included for return to me with your
file stamp thereon.
Very Truly Yours
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ORIGINAL
Dean J. Miller (ISB No. 1968)
MCDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
ioe(ti),m cdevitt- miller .com
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Attorneys for United Water Idaho, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC., TO AMEND
AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY NO. 143 STIPULATION BETWEEN
UNITED WATER IDAHO AND
THE CITY OF MERIDIAN
CASE NO. UWI-O5-
This Stipulation is made by and between United Water Idaho Inc.
, ("
United Water ) and
the City of Meridian Idaho ("Meridian ) an Idaho municipal corporation, (collectively, the
Parties
RECITALS
On or about October 21 2005 United Water filed an Application with the
Commission seeking to add seven (7) separate areas to its certificated service
territory. In the Application, the areas were denominated as:
1.)Cloverdale Road;
Eagle & McMillan;
Hidden Springs/Cartwright Ranch;
LDS Church at Eagle Road;
LDS Church at Linder Road;
Lexington Meadows Subdivision; and
Iron Horse.
STIPULA nON BETWEEN UNITED WATER IDAHO AND THE CITY OF MERIDIAN - 1
The seven areas were depicted on Exhibit A to the Application. A revised copy of
Exhibit A is attached hereto.
On or about December 1 , 2005 Meridian filed with the Commission a Protest.
On or about December 30, 2005 the Commission issued Order No. 29941
authorizing United Water to amend its certificate to include the areas
denominated as Hidden Springs/Cartwright Ranch and Lexington Meadows, as
these areas were not contested.
Since that time representatives of United Water and Meridian have met on several
occasions to negotiate a mutually acceptable resolution with respect to the
remaining areas. As a result of those negotiations United Water and Meridian
have reached an agreement, set forth below, with respect to the amendment of
United Water s certificate of convenience and necessity.
STIPULATION
1. The areas denominated in the Application as Iron Horse, LDS Church at Linder
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and CleveFaale Road may be included in United Water s service territory as
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requested in the Application.
With respect to the area denominated as Eagle & McMillan, the boundary of this
expansion shall be re-drawn so that it does not overlap with the boundary of
Meridian s area of city impact. A revised description of the Eagle & McMillan
expansion is attached as Exhibit B.
United Water s request for expansion into the area denominated as LDS Church at
Eagle is hereby withdrawn.
STIPULA TION BETWEEN UNITED WATER IDAHO AND THE CITY OF MERIDIAN - 2
United Water further requests that a portion of the area previously added to its
service territory in Order No. 29785 , known as the Blackrock Area, be deleted
from certificate No. 143 such that the western boundary of United Water
certificated area is upon a North-South line as depicted on Revised Exhibit A.
The area being withdrawn is described in Exhibit C attached hereto. United Water
is not presently providing service to any customers within this area.
The area depicted on Revised Exhibit A as "Lake Hazel/Columbia" may be added
to United Water s certificate No. 143. This area a described in Exhibit D attached
hereto.
The Parties submit this Stipulation to the Commission and recommend approval
in its entirety pursuant to RP 274. Parties shall support this Stipulation before the
Commission, and no Party shall appeal a Commission Order approving the
Stipulation or an issue resolved by the Stipulation. If this Stipulation is challenged
by any person not a party to the Stipulation, the Parties to this Stipulation reserve
the right to file testimony, cross-examine witnesses and put on such case as they
deem appropriate to respond fully to the issues presented, including the right to
raise issues that are incorporated in the settlements embodied in this Stipulation.
Notwithstanding this reservation of rights, the Parties to this Stipulation agree that
they will continue to support the Commission s adoption ofthe terms of this
Stipulation.
If the Commission rejects any part or all of this Stipulation, or imposes any
additional material conditions on approval of this Stipulation, each Party reserves
the right, upon written notice to the Commission and the other Parties to this
STIPULA TION BETWEEN UNITED WATER IDAHO AND THE CITY OF MERIDIAN - 3
proceeding, within 14 days of the date of such action by the Commission, to
withdraw from this Stipulation. In such case, no Party shall be bound or
prejudiced by the terms of this Stipulation, and each Party shall be entitled to seek
reconsideration of the Commission s order, file testimony as it chooses, cross-
examine witnesses, and do all other things necessary to put on such case as it
deems appropriate. In such case, the Parties immediately will request the prompt
convening of a prehearing conference for purposes of establishing a procedural
schedule for the completion of the case. The Parties agree to cooperate in
development of a schedule that concludes the proceeding on the earliest possible
date, taking into account the needs of the Parties in participating in hearings and
preparing briefs.
The Parties agree that this Stipulation is in the public interest and that all of its
terms and conditions are fair, just and reasonable.
DATED this 2. day of April, 2006.
STIPULA TION BETWEEN UNITED WATER IDAHO AND THE CITY OF MERIDIAN - 4
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EXHIBIT B
Description for Eagle Road and McMillan.
Parcels of land being:
all of the Northeast 1/4 of the Northeast 1/4;
all of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4;
all of the East 1/2 of the Southeast 1/4 of the Northeast 1/4;
all of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4;(continued on following page)
and all of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Southeast 1/4;
all in Section 32, Township 4 North , Range 1 East, Boise Meridian; Ada County, Idaho.
EXHIBIT C
Description for Black Rock Adjustment Area.
A parcel of land being all of the East 1/2 of Section 33; Township 3 North, Range
East, Boise Meridian; Ada County, Idaho.
EXHIBIT D
Description for lake Hazel/Columbia
A parcel of land being all of the East 1/2 of Section 4, Township 2 North , Range 1 East
Boise Meridian; Ada County, Idaho.