20070420Objection to City of Eagle's comments.pdf

McDevitt & Miller LLP
Lawyers
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[phone]
[phone] (Fax)
420 W. Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
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DeanJ. (Joe) Miller
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April 20, 2007
Via Hand Delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, Idaho 83720
Re:Case No. UWI-07-
Dear Ms. Jewell:
Enclosed for filing in the above matter, please find the original and seven (7) copies of United
Water s Objection to City of Eagle Comments.
An additional copy of the document and this letter is included for return to me with your file stamp
thereon.
Thank you for you assistance.
Very Truly Yours
;;IUiter
LLP
Dean J. Miller
DJM/hh
Enclosures
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]
ioe em mcdeviU- miller .com
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Attorneys for United Water Idaho Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC., FOR
AUTHORITY TO AMEND AND REVISE
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY NO. 143 AND FOR
APPROV AL OF A SPECIAL FACILITIES
AGREEMENT WITH A VIM OR LLc.
CASE NO. UWI-O7-
OBJECTION TO CITY OF EAGLE
COMMENTS
COMES NOW United Water Idaho Inc.
, ("
United Water ) and objects to consideration
by the Commission of the Letter Comments ("Letter Comments ) of the City of Eagle submitted
herein on March 19 2007 , upon the following grounds and reasons:
No Service.The Commission s procedural order, Order No. 30342, required parties
filing written comments to serve those comments on counsel for United Water. The procedural
order is consistent with IPUCRP 203 which requires service of comments and protests upon the
designated representative of the moving party.
Further, the Letter Comments were apparently transmitted by facsimile, but, in violation
of IPUCRP 61., the original was not delivered to the Commission by the next working day.
The undersigned certifies he was not served with a copy of the Letter Comments.
OBJECTION TO CITY OF EAGLE COMMENTS- 1
Untimely.The Commission s procedural order established a comment deadline of
March 14, 2007. The facsimile time stamp on the Letter Comments bears the date of March 19
2007. On their face, it is apparent that the Letter Comments were untimely. The Letter
Comments do not contain any allegation of hardship, excusable neglect, or any other justification
for late filing. (It is unclear whether the Commission has accepted the Letter Comments for
filing, as the version posted on the Commission website does not contain the Commission s file
stamp).
As noted above, while the Letter Comments were posted on the Commission s website
there is nothing in the Commission s rules that makes web site posting a substitute for service
required by Commission orders and procedural rules. Counsel for parties of record should not be
required to continually monitor the Commission s web site on the off-chance that untimely
comments might be submitted to the Commission.
No Standing.IPUCRP 203 provides that comments may be filed by "persons affected
by the proposal ofthe moving party." This is similar to the Commission s rule that persons
desiring to intervene in a proceeding must show a "direct and substantial interest" in the
proceeding. See IPUCRP 72.
The Letter Comments do not contain any explanation of the City s purported interest in
this proceeding or how the City might be harmed by approving United Water s Application.
There is, for example, no allegation that the area in question is within the City s area of city
impact or other planning area. In short, the Letter Comments appear to be purely gratuitous.
Conclusion
For the reasons and authorities cited herein, United Water objects to consideration of the
City of Eagle Letter Comments.
OBJECTION TO CITY OF EAGLE COMMENTS- 2
DATED this Lt'J ay of April, 2007.
OBJECTION TO CITY OF EAGLE COMMENTS- 3
UNITED WATER IDAHO INC.
McDevitt & Miller LLP
420 West Bannock
Boise, Idaho 83702
P: 208.343.7500
F: 208.336.6912
Attorney for United Water
CERTIFICATE OF SERVICE
I hereby certify that on the ~ay of April, 2007, I caused to be served, via the
method(s) 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
ijewell empuc.state.id.
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
Bruce Smith
MOORE, SMITH, BUXTON & TURCKE
950 W. Bannock, Suite 520
Boise, ID 83702-5716
John R. Hammond Jr.
BATT & FISHER
O. Box 1308
Boise, ID 83701
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BY:~Ok~hAG \ l.ogl)
McDEVITT & MILLER LLP
OBJECTION TO CITY OF EAGLE COMMENTS- 4