20060328Response to BRACE intervention petition.pdf

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Dean J. Miller (ISB #1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ID 83702
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Attorneys for United Water Idaho Inc.ORIGINAL
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No. UWI-O6-
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
RESPONSE OF UNITED WATER
IDAHO TO PETITION TO
INTERVENE OF BRACE
COMES NOW United Water Idaho Inc.
, ("
United Water ) and responds to the Petition of
Boise Residents Against Commercial Exploitation (BRACE) dated March 16, 2006 as follows
to wit:
The Commission s procedural rule 72 requires that a petition to intervene must "clearly
and concisely state the direct and substantial interest of the petitioner in the proceeding." United
Water respectfully requests that the Commission carefully evaluate the Petition in light of this
standard. Upon doing so, it will be noted that the Petition provides no information about the
history or institutional substance of BRACE Inc., an entity that has never previously appeared
before the Commission.
The Petition recites only that BRACE is a non-profit corporation formed to "protect its
members from United Water Idaho, Inc.s unreasonable rate increases." (Petition pg. 1). It does
RESPONSE OF UNITED WATER IDAHO TO PETITION TO INTERVENE OF BRACE - 1
not identify who its members are, if, in fact, there are any. And, the recital in the petition
conflicts with BRACE's stated corporate purpose in its representations to the Idaho Secretary of
State where, in its Articles of Incorporation, the corporate purpose is described as
, "
Educate the
public concerning municipal water ownership issues." (See Attachment A).
If the Commission nonetheless concludes that the threshold standard for intervention is
met, United Water strongly urges that the Commission permit the intervention "subject to
reasonable conditions " as authorized by Rule 74. That rule further provides
, "
If it later appears
that an intervenor has no direct or substantial interest in the proceeding or that the intervention is
not in the public interest, the Commission may dismiss the intervenor from the proceeding.
United Water suggests that two conditions be imposed. First, United Water has
submitted to BRACE a series of interrogatories aimed at gaining a full understanding of the
interest of BRACE in the proceeding. Copies are attached as Attachment B. When answers to
those interrogatories are filed, the Commission can determine if "it later appears that an
intervenor has no direct or substantial interest in the proceeding.
As a second condition United Water suggests that BRACE be required, in accordance
with the schedule to be established by the Commission, to file written pre-filed testimony. This
will serve to ensure that BRACE, in fact, has legitimate issues to present bearing on rates which
United Water may appropriately charge its customers. Equally important, it will serve to define
the relevant parameters for cross-examination of company witnesses. The Commission will
recall that in case No. UWI-04-, Mr. Campbell, who then appeared on his own behalf, and
now appears on behalf of the newly formed corporation-which he incorporated-consumed
substantial amounts ofthe Commission s hearing time cross examining witnesses on topics that
RESPONSE OF UNITED WATER IDAHO TO PETITION TO INTERVENE OF BRACE - 2
ultimately proved to be irrelevant to the Commission s decision. A requirement that BRACE file
written pre-filed testimony would prevent the recurrence of this abuse.
Conclusion
For the foregoing reasons United Water respectfully requests that the Commission
carefully evaluate the Petition to determine its compliance with the rules for intervention. If the
Petition is granted, it should be subject to reasonable restrictions: first that Commission reserve
the right to re-evaluate the direct and substantial interest of BRACE in the proceeding; and
second, that BRACE be required to file written pre-filed testimony.
DATED this day of March 2006.
~11L~
Attorneys for United Water Idaho Inc.
RESPONSE OF UNITED WATER IDAHO TO PETITION TO INTERVENE OF BRACE - 3
CERTIFICATE OF SERVICE
I hereby certify that on the '2:If!1d ay of March, 2006, I caused to be served, via the
methodes) indicated below, true and correct copies of the foregoing document, upon:
Jean J ewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720~0074
jj ewell ~pu c.state.id. us
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Scott L Campbell, Esquire
MOFFATT, THOMAS, BARRETT ROCK &
FIELDS, CHARTERED
p.o. Box 829
Boise, ID 83701
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RESPONSE OF UNITED WATER IDAHO TO PETITION TO INTERVENE OF BRACE - 4