20060412intervention_order_no_30010.pdf

Office of the Secretary
Service Date
April 12 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INc. FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR WATER SERVICE IN
THE STATE OF IDAHO
CASE NO. UWI-06-
ORDER NO. 30010
Boise Residents Against Commercial Exploitation, Inc. (BRACE) filed a Petition to
Intervene in this case on March 16, 2006, pursuant to the Commission s Rules of Procedure 71
through 75, IDAPA 31.01.01.071-075. On March 22 2006, United Water Idaho Inc. submitted
Interrogatories and Requests for Production to BRACE, and on March 28, 2006, United Water
filed a response to BRACE's Petition. With this Order the Commission grants BRACE'
Petition to Intervene.
Persons who claim a direct and substantial interest in a proceeding may petition for
an Order from the Commission granting intervention to become a party. IDAP A 31.01.01.071.
The petition must concisely state the direct and substantial interest of the petitioner in the
proceeding. IDAP A 31.01.01.072. If a petition to intervene shows a direct and substantial
interest in any part of the subject matter of a proceeding and intervention would not unduly
broaden the issues, the Commission or the presiding officer may grant intervention, subject to
reasonable conditions. IDAP A 31.01.01.074. 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. Id.
BRACE's Petition states it is a non-profit corporation formed to protect its members
from unreasonable rate increases, and alleges United Water is not entitled to its requested rate
increase, and that the Commission should instead decrease the Company s rates. BRACE
Petition, p. 1. In its response, United Water requests that the Commission carefully evaluate
whether BRACE's Petition meets the standard of intervention to "clearly and concisely state the
direct and substantial interest of the petitioner in the proceeding.Rule 72; United Water
Response, p. 1. United Water suggests, if the Commission grants the Petition, it impose two
conditions:first, that the Commission review BRACE's responses to the Company
interrogatories when filed to determine "if it later appears that (BRACE) has no direct and
ORDER NO. 30010
substantial interest in the proceeding," and second, that BRACE be required to file written
prefiled testimony according to the procedural schedule adopted by the Commission.
We find based on BRACE's Petition that approving its intervention would generally
serve the purposes of intervention as described in Rule 74 and should therefore be granted.
Consistent with the legislature s stated policy "to encourage participation at all stages of all
proceedings before the commission so that all affected customers will receive full and fair
representation the Commission liberally allows intervention and encourages public
participation. See Idaho Code ~ 61-617A. If it subsequently appears, however, that BRACE
does not have a direct and substantial interest in the proceeding, or that issues are unduly or
unnecessarily broadened by BRACE's participation as a party, the Commission may place limits
on BRACE's participation or even dismiss BRACE from the proceeding. IDAP A 31.01.01.074.
ORDER
IT IS HEREBY ORDERED that the Petition to Intervene filed by the Boise
Residents Against Commercial Exploitation, Inc. is granted.
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers
hereafter filed in this matter on all parties of record. This Intervenor is represented by the
following for purposes of service:
Scott L. Campbell
Moffatt, Thomas, Barrett, Rock &
Fields, Chartered
101 S. Capitol Boulevard, 10th Floor
PO Box 829
Boise, ID 83701
E-mail: slc~moffatt.com
ORDER NO. 30010
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ! d- -tf..
day of April 2006.
PAUL KJEL AN ER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:UWI-06-02 in!
ORDER NO. 30010