20060517notice_of_amended_application_order_no_30045.pdf

Office of the Secretary
Service Date
May 17 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INc., TO
AMEND AND REVISE ITS CERTIFICATE
OF PUBLIC CONVENIENCE AND
NECESSITY NO. 143
CASE NO. UWI-05-
NOTICE OF AMENDED
APPLICATION
NOTICE OF SETTLEMENT
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 30045
On October 21 2005, United Water Idaho Inc. ("United Water ) filed an Application
seeking to amend and revise its Certificate of Public Convenience and Necessity in order to
expand its service territory. On November 8 , 2005, the Commission issued Order No. 29908 to
proceed with the matter by Modified Procedure and requested comments.
On December 1 2005, the City of Meridian filed a Protest and Request for Hearing.
Thereafter followed certain discussions between the Company and the City of Meridian
regarding the Application. On December 30, 2005, the Commission issued Order No. 29941
approving the addition of two of the seven parcels set forth in the Application to United Water
Certificate of Public Convenience and Necessity. The Company and the City of Meridian
continued discussions following the issuance of Order No. 29941 regarding the other parcels of
land set forth in the Application. On May 2, 2006, the Company filed a Stipulation, pursuant to
RP 274, between the Company and the City of Meridian to resolve in whose service territory
each of the five remaining parcels will reside. The Company also filed an Amended Application
and a request for Modified Procedure. On May 11 , 2006, the Company filed a Motion to
Approve the Stipulation, as well as a letter to clarify the Stipulation.
THE AMENDED APPLICATION
YOU ARE HEREBY NOTIFIED that, according to the Amended Application
United Water seeks to expand the provision of its water services to certain discrete parcels of
land. As already noted, the Commission approved amending and revising Certificate No. 143 to
include two of the parcels set forth in the Application. A map depicting United Water s current
NOTICE OF APPLICATION
NOTICE OF STIPULATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30045
certificated boundary and United Water s proposed certificated boundary was attached to the
Company s Application and is further attached to this Order as Exhibit A. The other parcels of
land are located at:
(1) Cloverdale Road, between Franklin Road and Ustick Road, Ada County
(as described in further detail in Exhibit C to the Application);
(2) Eagle Road and McMillan Road, Ada County (as described in further
detail in Exhibit E to the Application);
(3) The LDS Church at Eagle Road and Lake Hazel Road, Ada County (as
described in further detail in Exhibit K to the Application);
(4) The LDS Church at Linder Road and Columbia Road, Ada County (as
described in further detail in Exhibit L to the Application), adjacent to
United Water s existing non-contiguous Danskin service area; and
(5) The Iron Horse subdivision at West Columbia Road and South Black Cat
Road, Ada County (as described in further detail in Exhibit R to the
Application), which subdivision extends the boundaries of United
Water s non-contiguous Danskin service area.
YOU ARE FURTHER NOTIFIED that United Water is also seeking the expansion
of its Certificate of Public Convenience and Necessity No. 143 to add the parcel of land in an
area denominated as "Lake Hazel/Columbia" as described in Exhibit D attached to the
Stipulation (described in more detail below) and attached to this Order as Exhibit B.
YOU ARE FURTHER NOTIFIED that United Water states that the areas it is
proposing to serve are not within the authorized territory of any other water utility corporation
under the jurisdiction of the Commission and are covered by United Water s rules and
regulations. The Amended Application states that there are no known public entities, persons, or
corporations with whom the expansion is likely to compete , and the requested expansion would
not interfere with the operation of any other water utility. United Water proposes to provide
service pursuant to its Tariff No., General Metered Service, and in all respects will provide
service pursuant to its Rules and Regulations as approved by the Commission.
NOTICE OF SETTLEMENT
YOU ARE FURTHER NOTIFIED that United Water and the City of Meridian have
entered into a Stipulation agreement, settling unresolved issues regarding the areas to be served
NOTICE OF APPLICATION
NOTICE OF STIPULA nON
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30045
by United Water. United Water filed the Stipulation agreement and a Motion to Approve the
Stipulation.
YOU ARE FURTHER NOTIFIED that in the Stipulation agreement, the parties
agreed that the areas denominated in the Application as Iron Horse, LDS Church at Linder, and
the Cloverdale Road parcel may be included in United Water s service territory.
YOU ARE FURTHER NOTIFIED that in the Stipulation agreement, the parties
agreed that with respect to the area denominated as Eagle & McMillan, the boundary of this area
shall be re-drawn so that it does not overlap with the boundary of Meridian s area of city impact.
The revised description of the Eagle & McMillan expansion is set forth in Exhibit B attached to
the Stipulation and is attached to this Order as Exhibit C.
YOU ARE FURTHER NOTIFIED that, pursuant to the Stipulation agreement
United Water s request for expansion into the area denominated as LDS Church at Eagle Road is
withdrawn.
YOU ARE FURTHER NOTIFIED that in the Stipulation agreement, United Water
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 s certificated area is upon a North-South line as depicted on Revised Exhibit A
attached to the Stipulation. The area is further described in Exhibit C to the Stipulation and is
attached to this Order as Exhibit D.
YOU ARE FURTHER NOTIFIED that in the Stipulation, the parties agree that an
area denominated as "Lake Hazel/Columbia" may be added to United Water s Certificate No.
143. This area is described in Exhibit D as attached to the Stipulation agreement, and is attached
to this Order as Exhibit B.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Amended Application, Stipulation and
Motion to Approve the Stipulation and supporting workpapers, testimonies and exhibits, have
been filed with the Commission and are available for public inspection during regular business
hours at the Commission offices. These documents and testimonies are also available on the
Commission s Website at www.puc.idaho.gov under the "File Room" icon.
NOTICE OF APPLICA nON
NOTICE OF STIPULATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30045
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this Case No. UWI- W -05-4 and will proceed
under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities
Commission s Rules of Procedure, IDAPA 31.01.01.201 through .204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
fourteen (14) days from the date of this Order. The comment must contain a statement of
reasons supporting the comment. Persons desiring a hearing must specifically request a hearing
in their written comments. Written comments concerning this Application shall be mailed to the
Commission and the Applicant at the addresses reflected below:
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Dean 1. Miller, Esq.
McDevitt & Miller LLP
PO Box 2564
Boise, ID 83701
E-mail ioe(8)mcdevitt-miller.com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Gregory P. Wyatt
United Water Idaho Inc.
PO Box 190420
Boise, ID 83719-0420
E-mail greg.wyatt0)unitedwater.com
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.idaho.gov. Click the "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to United Water at the e-mail addresses listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission will consider this matter on its merits and
enter its Order without a formal hearing. If written comments are received within the time limit
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
NOTICE OF APPLICATION
NOTICE OF STIPULATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30045
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 61 of the Idaho Code and specifically,
Idaho Code 99 526 and 528. The Commission may enter any final Order consistent with its
authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq.
ORDER
IT IS HERBY ORDERED that this Case No. UWI-05-4 be processed under
Modified Procedure. Persons interested in submitting written comments regarding this case or
protesting the use of Modified Procedure should do so no later than 14 days from the service date
of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /7f1...
day of May 2006.
PAUL KJELLAND , PRESIDENT
2f;~ tI &Jv
MARSHA H. SMITH, COMMISSIONER
ATTEST:
ffkft~C mmission Secretary
O:UWI-O5-cg3
NOTICE OF APPLICATION
NOTICE OF STIPULATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30045
I- CJ)
al ~CiiI.)In I.)
...,-
0;::CJ)C,'-
;E ~0 t:a: Z ... Q)
c.. c::(
::)(.)
c.. (.)
c..
3: w
... NC1I
3:.,
C1I't::
a\$-.
...J
,.:.- - - - - - - - - - - - - - - - - - - - - -, -'')....'
i$'o
),.,~ .....'\ ".....,.,
;:f'
.r::
-;,'; g.; ......';:,.-'
!i:
",'",'
L__,_,_,
-" .......--
----;;;'~n. iN...31.
,$;-&:','j-'..""
D" 31DO S
i /
D" 3lYD"3.D" S
D" "3Dlftl .
..
U ~,
'" ~: ,: ~"
o, W!D"3.D"O.15n:JD1S ~,
L:;i:
:.,
J,.3it:S i t! Lil
i j
i i
~'
:: 7.-i:
..':-
U ,,4il'
i~;' -.J_: i;if~lQDHOG' D" nON"'. " , go,
~: : /
' ~i
~, , .' ,~~.
~O,
~~--------~ ",
D" .1.100"3DOO S
AJuno~ ep'1
--:-~~
~i
~:
ffi' ~w, ..-;,
- .'
D~ "3D.n S
D"'31'O.",S
--'-""-:---
j. "3aNn .,
::;:' ~
'tI
'----:-------;-
::11 "
!' '
..JI~'---.l ~"D"'"YO"". ~ ~
, .3
Exhibit A
Order No. 30045
Case No. UWI-05-
----......---
~"'H.Li.....
;: --~._-, ,;- --
'a.tic.-.r-.ao:o
...------'---
ai; ","s
,---",,
.,.15 .
:---,
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.
Exhibit B
Order No. 30045
Case No. UWI-05-4
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
Order No. 30045
Case No. UWI-05-4
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
Order No. 30045
Case No. UWI-05-4