20060210Motion for waiver of Rule 121(e).pdf

:. ~,
Dean J. Miller ISB #1968
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ID 83702
Tel: [phone]
Fax: [phone]
ioe~mcdevitt -miller . com
C j C) F\::2 ; !
l .
. .
: i !L:Ti'::~:. r :Jij;;:;:,SilJi
Attorneys for Applicant
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INe. FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR WATER SERVICE IN
THE STATE OF IDAHO
Case No. UWI-O6-02
MOTION FOR WAIVER OF
RULE 121(e)
COMES NOW, the Applicant ("United Water " the "Company ) and moves the
Commission for an Order determining that it is in the public interest to, for the purpose of
this case, waive certain of the requirements ofIPUCRP 121(e) and in support thereof
respectfully shows as follows, to wit:
Rule 121 , which specifies the form and contents of applications to change rates
requires in subsection ( e) the filing of "cost of capital and appropriate cost of service
studies.
As explained in the Direct Pre-filed Testimony of Gregory Wyatt, in Case No.
UWI-04-4 the Company and Commission Staff entered into a written Settlement of
the Overall Weighted Cost of Capital ("Settlement') which was accepted and approved
by the Commission in Order No. 29838. Because a relatively short amount of time has
passed since the entry of Order No. 29838 the Company, in this case, is proposing to
carry forward the results and methods contained in the Settlement. A new cost of capital
MOTION FOR WAIVER OF RULE 121(E) - 1
analysis would likely not materially change the results ofthe Settlement, in the
Company s opinion. Moreover, carrying forward the Settlement will reduce the expense
of this case and make an expedited hearing more feasible.
For similar reasons, the Company is not presenting a new cost of service study or
separate cost of service witness. The Company s cost of service and rate design was
thoroughly reviewed in Case No. UWI- W -04-, and accordingly the Company, in this
case, is proposing a uniform percentage increase to rates without any change in rate
design. Accordingly a cost of service study would be of little value. This proposal, also
will reduce the expense of this case and make an expedited hearing more feasible.
Based on the foregoing, United Water respectfully requests that the Commission
enter its Order determining that neither a cost of capital study nor a cost of service study
are required in this case.
Dated this )o"Th day of February, 2006.
~\~
Dean J. Miller
Attorneys for United Water Inc.
MOTION FOR WAIVER OF RULE 12I(E) - 2