20051129Answer.pdf

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Dean J. Miller (ISB No. 1968)
MCDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
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Attorneys for United Water Idaho, Inc.
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ORIGINAL
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JA YO CONSTRUCTION, INC.
Res ondent.
ANSWER OF UNITED WATER INC.
CASE NO. UWI-O5-
Complainant
vs.
UNITED WATER IDAHO, INc.
COMES NOW United Water Idaho Inc.
, ("
United Water
, "
the Company ), by and
through its counsel of record, in answer to the Complaint on file herein, and without admitting
any liability to Complainant and without assuming the burden of proof as to any issue, admits
alleges, and denies as follows to wit:
In answer to the allegations of paragraphs 1 4 and 6, United Water admits the same.
II.
In answer to the allegations of paragraph 5, United Water denies that Exhibit 2
constitutes an agreement to provide service; rather, Exhibit 2 advises Complainant that service is
feasible.
ANSWER OF UNITED WATER IDAHO INc. - 1
III.
In answer to the allegations of paragraph 7, United Water denies the same and
specifically denies that it "directed" Jayo Construction to obtain an easement; rather Exhibit 4
identifies, not in chronological order, a few key tasks to be accomplished with respect to the
project.
IV.
In answer to the allegations of paragraph 8, United Water denies it determined the precise
location of the easement; rather, United Water specified the necessary gradient and out-flow
elevations necessary to align the new reservoir with United Water s other facilities. Other
locations, in addition to the ultimate easement location obtained by the Complainant, could have
been considered.
In answer to the allegations of paragraph 9, United Water denies the same and
affirmatively alleges that the new reservoir will be predominantly an underground facility.
VI.
In answer to the allegations of paragraphs 10, 11 and 12, United Water is without
sufficient information to admit or deny said allegations and therefore denies the same.
VII.
In answer to the allegations of paragraph 13, United Water denies the same.
VIII.
In answer to the allegations of paragraphs 14, 15, 16, 17, 18, 19 , the exhibits
referenced therein speak for themselves and accordingly United Water neither admits nor denies
the same.
ANSWER OF UNITED WATER IDAHO INC. - 2
Ix.
In answer to the allegations of paragraph 21 , United Water denies the same and
affirmatively alleges that Exhibit 9, attached to the Complaint, does not contain the referenced
portiones) of paragraph 75 of United Water s Rules and Regulations.
In answer to the allegations of paragraph 22, United Water denies the same.
In answer to the allegations of paragraphs 23 , 24, 25, United Water denies the same.
FIRST DEFENSE
XII.
The Complaint fails to state a claim upon which relief can be granted.
SECOND DEFENSE
XIII.
This matter is in its initial stages, and United Water reserves the right to amend this
Answer and/or to assert any and all other defenses as may be warranted by the facts disclosed as
the matter progresses.
THIRD DEFENSE
XIV.
United Water has previously offered to resolve this matter by the selection of a mutually
agreeable, qualified real estate appraiser to determine the fair market value of the reservoir lot
easement. Complainant rejected this offer. United Water remains willing to resolve this matter
through use of a mutually agreeable, qualified real appraiser under such alternative dispute
resolution procedures as the Commission may prescribe.
ANSWER OF UNITED WATER IDAHO INC. - 3
WHEREFORE United Water prays that the Complaint be dismissed with prejudice and
that United Water be granted such other and further relief as the Commission deems just and
reasonable.
Dated this lfiday of November, 2005
ean ller
Attorneys for United Water Idaho Inc.
ANSWER OF UNITED WATER IDAHO INc. - 4
CERTIFICATE OF SERVICE
I hereby certify that on the ~day of November, 2005, I caused to be served, via the
methodes) indicated below, true and correct copies of the foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
i i ewellOj),puc. state.id. us
~and Delivered
S. Mail
Fax
Fed. Express
Email
Molly O'Leary, Esq.Hand Delivered
Richardson & O'Leary PLLC -Y".S. Mail
515 North 27th Street Fax
O. Box 7218 Fed. Express
Boise, ill 83707 Email
ANSWER OF UNITED WATER IDAHO INC. - 5