20070306Motion to reestablish procedural schedule.pdf

McDevitt & Miller LLP
Lawyers
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Chas, F. McDevittBoise, Idaho 83702 i \: Dean J, (Joe) Miller
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March 6, 2007
Via Hand Delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, Idaho 83720
Re: Case No. UWI-06-
Dear Ms. Jewell:
Enclosed for filing in the above matter please find the original and seven (7) copies of
United Water Idaho Inc s Motion to Reestablish Procedural Schedule.
An additional copy of the document and this letter is included for return to me with your
file stamp thereon.
Very Truly Yours
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Attach.
ORIGINAL
Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
joe 0) mcdevitt- miller .com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC., TO
AMEND AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY NO 143
MOTION TO REESTABLISH
PROCEDURAL SCHEDULE
CASE NO. UWI-O6-
COMES NOW United Water Idaho Inc.
, ("
United Water ) and moves the Commission
for an order re-establishing a procedural schedule in this matter, and in support thereof
respectfully shows as follows:
United Water s Application to amend its Certificated of Public Convenience and
Necessity to include the Trailhead Community was filed herein on April 26, 2006. Thereafter
the Commission issued its Notice of the Application and Notice of Intervention Deadline. On
September 8, 2006, the City of Eagle filed a formal Petition to Intervene, which was granted by
the Commission on September 19 2006.
During this period of time United Water officials and City of Eagle officials met with
representatives of the developer of the Trailhead Community, Kastera Homes
, ("
Kastera ) in an
effort to resolve the matter by agreement. The parties informally agreed to hold the matter in
abeyance pending these negotiations.
MOTION TO REESTABLISH PROCEDURAL SCHEDULE-
Thereafter Kastera and the City of Eagle entered into discussions regarding possible
annexation of the Trailhead Community into the City of Eagle.
On February 20,2006, Kastera sent letters to United Water and to the City of
Eagle, true copies of which are attached hereto as Exhibits A and B. In general, the letters
indicate that negotiations between the City of Eagle and Kastera for annexation were
unsuccessful and that Kastera now firmly desires to obtain domestic water service from United
Water.
WHEREFORE, United Water respectfully requests that the Commission convene a pre-
hearing conference to discuss scheduling of further proceedings or enter its order establishing a
procedural schedule.
DATED this day of March, 2007.
UNITED WATER ID AH 0 IN C.
Attorney for United Water Idaho Inc.
MOTION TO REESTABLISH PROCEDURAL SCHEDULE-
CERTIFICATE OF SERVICE
I hereby certify that on the
(g
~ day of March, 2007 , I caused to be served, via the
methodes) indicated below, true and correct copies of the foregoing document, upon:
Jean Jewell, Secretary Hand Delivered
Idaho Public Utilities Commission S. Mail I....Q
472 West Washington Street Fax I....Q
O. Box 83720 Fed. Express I....Q
Boise, ID 83720-0074 Email I....Q
ewell (Q)uc.state.id.
Bruce M. Smith Hand Delivered I....Q
MOORE SMITH BUXTON & TURCKE S. Mail
225 N. 9th Street, Suite 420 Fax I....Q
Boise, ID 83702 Fed. Express I....Q
Email I....Q
MOTION TO REESTABLISH PROCEDURAL SCHEDULE-
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February 20, 2007
Gregory P. Wyatt, Vice President
United Water Idaho Inc.
8248 West Victory Road, P.O. Box 190420
Boise, Idaho 83719-0420
RE: ill puc Case No. UWI-W-O6-
Dear Mr. Wyatt
.... . '
Thank you for taking time out of your busy schedule to discuss water service issues with
me. I appreciate and understand that water is a high priority with all developers in the
Treasure Valley and you and your staffs' expertise in this matter is very helpful.
Per our February 20, 2007, telephone conference, Kastera LLC is submitting to United
Water in writing a request for water services to Kastera s Trailhead Community in the
North Ada County Foothills. Kastera LLC will be making application with Ada County
for development of this project. We desire United Water service for our Trailhead
Community.
Kastera LLC was in negotiation with the City of Eagle and surrounding neighbors to the
Trailhead Community for an annexation path. This path did not materialize and as such
the City of Eagle is not able to provide water service to our project. Kastera LLC has
requested, in a letter dated February 15 2007, to the City of Eagle, a withdrawal of both
our Annexation and Rezone Applications immediately (letter to Eagle is included as
attachment to this letter).
For the benefit of all parties involved, Kastera LLC will not discuss any annexation or
water service requests from the City of Eagle, Idaho for this specific project. We realize
that United Water has requested an expansion of its service area to include Kastera
Trailhead Community from the Idaho Public Utilities Commission and as such Kastera
agrees that it makes sense to coordinate with United Water on providing water service to
our project.
Again, we thank you for your time on this matter and we look forward to moving forward
with United Water on this exciting project.
EXHIBIT A
PAGE 10F 2
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
Enclosure: Copy of Withdrawal Request to the City of Eagle
Cc: Mayor Nancy Merrill, City of Eagle, Idaho
Scott Woodbury, Deputy Attorney General, IDPUC
John Lee, United Water
EXHIBIT A
PAGE 2 OF 2
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February 15 2007
Honorable Nancy C. Merrill, Mayor and City Council Members
The City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Dear Mayor and Council Members:
Kastera, LLC is requesting a withdrawal of its annexation and rezone applications for the
Trailhead development submitted to the City of Eagle, Idaho in December of 2006 .
Kastera would also request that the application along with application fees be returned by
mail to
Kastera Homes
ATTN: Thomas Fassino
372 S. Eagle Rd., Suite
Eagle, ID 83616.
Kastera would like to thank the City of Eagle and its staff for all the hard work and
commitment offered in trying to negotiate an annexation path in an attempt to get
Trailhead into the City of Eagle. We also hold no fault to Eagle for the unfortunate
unraveling of negotiations concerning the annexation path and Kastera eagerly looks
forward to a future date when the opportunity may present itself to work together on joint
interests.
EXHIBIT B
PAGE 10F 1
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com