HomeMy WebLinkAbout20060608final_order_no_30070.pdfOffice ofthe Secretary
Service Date
June 8, 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
ORDER NO. 30070
CASE NO. UWI-05-
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 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
Rule of Procedure (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 2006, the Company
filed a Motion to Approve the Stipulation, as well as a letter to clarify the Stipulation.
On May 17, the Commission issued Order No. 30045 to proceed with the remaining
parcels in the matter, as well as the Stipulation, by Modified Procedure, and requested
comments. No comments were received other than those filed by Commission Staff.
THE AMENDED APPLICATION
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 certificated boundary and United Water
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:
ORDER NO. 30070
(1) Cloverdale Road, between Franklin Road and U stick 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.
United Water is also seeking the expansion of its Certificate of Public Convenience
and Necessity No. 143 to include 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.
United Water stated 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.
SETTLEMENT AGREEMENT WITH CITY OF MERIDIAN
United Water and the City of Meridian entered into a Stipulation agreement, settling
unresolved issues regarding the areas to be served by United Water. United Water filed the
Stipulation agreement and a Motion to Approve the Stipulation.
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. In addition, the parties agreed that with respect to
ORDER NO. 30070
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. Also, pursuant to the Stipulation agreement, United Water
request for expansion into the area denominated as LDS Church at Eagle Road is withdrawn.
Further, 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. Lastly, the parties agreed 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.
COMMENTS
Staff filed comments on this matter on December 6, 2005 and on May 31 , 2006
addressing the parcels. In its comments of December 6, 2005, Staff identified several areas it
believed were contested between United Water and the City of Meridian. Staff recommended
approval of the uncontested areas and further recommended that United Water be directed to
negotiate with the City of Meridian to resolve contested areas. The filed Stipulation represents
the fruits of those negotiations. It appears to Staff that all contested areas previously identified
have been satisfactorily resolved.
Staff believes that the Stipulation represents a reasonable compromIse between
United Water and the City of Meridian; therefore, Staff recommends that the Stipulation be
approved. The Stipulation resolves all of the contested areas identified by Staff in its earlier
comments in this case and resolves any concerns Staff had held regarding the requested areas.
Staff further recommends that United Water be directed to prepare and file an Amended
Certificate No. 143 to reflect the terms of the Stipulation.
COMMISSION FINDINGS
The Commission has jurisdiction over United Water Idaho Inc., its Application to
amend and revise its Certificate of Public Convenience and Necessity, and the issues involved in
ORDER NO. 30070
this case by virtue of Title 61 , Idaho Code, specifically Idaho Code ~~ 61-129, 61-124, 61-125
61-526, and the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
Idaho Code ~ 61-526 addresses the expansion of a water utility s certificated area. It
states, in pertinent part, as follows:
No . . . water corporation shall henceforth begin the construction of. . . a line
plant, or system or of any extension of such. . . line, plant, or system, without
having first obtained from the commission a certificate that the present or
future public convenience and necessity require or will require such
construction: provided, that this section shall not be construed to require such
corporation to secure such certificate for an extension within any city or
county, within which it shall have theretofore lawfully commenced operation
or for an extension into territory whether within or without a city or county,
contiguous to its. . . line, plant, or system, and not theretofore served by a
public utility of like character, or for an extension within or to territory
already served by it necessary in the ordinary course of its business: and
provided further, that if any public utility in constructing or extending its line
plant, or system, shall interfere or be about to interfere with the operation of
the line, plant or system of any other public utility already constructed, or if
public convenience and necessity does not require or will require such
construction or extension, the commission on complaint of the public utility
claiming to be injuriously affected, or on the commission s own motion, may,
after hearing, make such order and prescribe such terms and conditions for
the locating or type of the line, plant or system affected as to it may seem just
and reasonable. ..
We find that expansion of United Water s service territory as to the Cloverdale Road parcel, the
Iron Horse parcel, the LDS Church at Linder Road parcel, the Eagle Road and McMillan Road
parcel (as amended), and the Lake Hazel/Columbia Road parcel will not interfere or be about to
interfere with the operation of the line, plant or system of any other public utility already
constructed, and that the present public convenience and necessity requires such expansion.
In addition, we find the Stipulation agreement entered into between United Water
and the City of Meridian is reasonable and a fair resolution of the issues between the parties with
regards to the provision of water service to certain parcels of land. Thus, we approve the subject
Stipulation agreement.
ORDER
IT IS HERBY ORDERED that United Water s amended Application to amend and
revise its Certificate of Public Convenience and Necessity No. 143 is granted.
ORDER NO. 30070
IT IS FURTHER ORDERED that the Stipulation agreement between United Water
and the City of Meridian is approved. The expanded certificated boundary shall include the
parcels denominated as Cloverdale Road, the LDS Church at Linder, the Iron Horse subdivision
Eagle Road and McMillan Road (as amended), and Lake Hazel/Columbia. In addition, the
certificated boundary shall be amended to delete the Blackrock area such that the western
boundary of United Water s certificated area is upon a North-South line. United Water
directed to prepare and file an Amended Certificate No. 143 to include the expansion areas noted
herein and to delete the Blackrock area.
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 with regard to any
matter decided in 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 lffl'-
day of June 2006.
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER
ATTEST:
ll rrxfJ~S!~i:s~:: Secretary
O:UWI-OS-cg4
ORDER NO. 30070
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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. 30070
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. 30070
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. 30070
Case No. UWI-05-4