20070326Wyatt direct.pdf

McDevitt & Miller LLP
Lawyers
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Chas. F. McDevitt
Dean J. (Joe) Miller
March 26, 2007
Via Hand Delivery
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83720
Re: UWI~07~
Dear Ms. Jewell:
At the Pre~ Hearing Conference held in this matter on March 22, 2007 it was agreed that
the previously filed Affidavits of Gregory P. Wyatt, Scott Rhead and Yamon Jorgeson
could be considered as Pre~filed Direct Testimony and would constitute United Water
case in chief.
I am therefore re~submitting nine (9) copies of the Affidavits with appropriate cover
sheets and am providing to the court reporter a computer disc containing the text of the
Affidavits.
Mssrs Wyatt, Rhead and Yorgason will be available at hearing to sponsor the Affidavits
and to respond to questions on cross~examination.
An additional copy of each of the Affidavits and this letter is included for return to me
with your file stamp thereon.
Thank you for you assistance.
Very truly yours
McDEVITT Cst MILLER LLP
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Dean J. Miller
DJMIhh
Enclosures
Greg Wyatt-United Water
Bruce M. Smith, Esq.
Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
i oe(W,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
CASE NO. UWI-07-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
DIRECT TESTIMONY OF GREGORY P. WYATT
March 26, 2007
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 (gJ mcdevitt-miller .com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INe., TO
AMEND AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY NO 143
AFFIDA VIT OF GREGORY P.
WYATT
CASE NO. UWI-O7-
STATE OF IDAHO
:ss
County of Ada
Gregory P. Wyatt, being first sworn upon an oath deposes and says:
I am employed by United Water Idaho Inc.
, ("
United Water ) in the capacity of General
Manager. I have been employed by United Water and the former General Waterworks for 32
years. In my capacity as General Manager, I am responsible for the overall operations of United
Water including water supply, treatment, distribution, meter reading, customer service
accounting, engineering, and administration.
I make this Affidavit in response to certain statements contained in the Letter Comments
of the City of Eagle filed herein on February 23,2007 (Letter Comments).
The Letter Comments (Pg. 1) state that United Water and the City of Eagle have held
meetings to discuss the Lanewood Estates development ("Lanewood"), the subject of United
Water s application in this present case. I would like to clarify the precise extent of the alleged
AFFIDAVIT OF GREGORY P. WYATI-
discussions" regarding Lanewood. It is true that United Water and Mr. Bruce Smith, of the law
firm Moore Smith Buxton & Turcke, acting as representative for the City of Eagle, held several
meetings during 2006 to discuss issues relating to water rights, service territory, the City's desire
to further develop a water system, United Water s Integrated Municipal Application Package
(IMAP) filing with the Idaho Department of Water Resources, and other topics of interest to the
parties. Specifically, meetings were held on June 8, June 16, July 19, and September 26 of2006.
I have completely reviewed my notes from those meetings, and I have no documentation
or recollection of any discussions with the City of Eagle about the Lanewood project during
those meetings, as Eagle now contends in its Letter Comments. In fact, the first record I have
indicating that the developer of the Lanewood project was interested in receiving service from
United Water is November 11 2006, and it was not until December 21 2006, that the developer
submitted a letter to United Water requesting the project be included in United Water s service
territory. See Exhibit A attached hereto.
Contrary to the assertions made in Eagle s Letter Comments, Eagle and United Water did
not hold meetings to discuss the Lanewood development specifically, nor did Eagle advise
United Water ofthe "various reasons" for which Eagle wished to serve Lanewood. United
Water did not mention these discussions regarding Lanewood in its filing with the Commission
simply because they did not occur.
The following is the extent of my knowledge of discussions with the City of Eagle
specifically regarding Lanewood. In early January of 2007, I contacted City of Eagle Mayor
Nancy Merrill, to schedule further discussions with her on the various issues of concern between
Eagle and United Water. It was at that time that I informed the Mayor that United Water was
preparing to file an application with the Commission requesting permission to expand its service
AFFIDAVIT OF GREGORY P. \VYATI- 2
territory to include Lanewood. The Mayor told me that Lanewood was within Eagle s planned
water service area and she thought that the City should serve it. I responded that the developer
indicated an interest in United Water service and that the project was going to be submitted to
Ada County for review and approval; and that we were going to pursue our application through
the Commission. United Water filed the Lanewood Case No. UWI-07-2 with the
Commission on January 31 , 2007.
Thereafter, United Water met with the Mayor and the City's Public Works Director on
February 7, 2007 to continue discussions on various issues. The only discussion on Lanewood
consisted of my asking the Mayor if Eagle intended to protest United Water s Lanewood filing,
and the Mayor responded affirmatively. United Water again met with Eagle s Public Works
Director on March 2, 2007, and again I asked if Eagle was going to protest the Lanewood filing.
The Public Works Director responded affinnatively and that a letter was being prepared by the
City's attorney and we should see it soon.
Based on the foregoing, I can state with certainty there was no agreement between United
Water and Eagle to the effect that United Water would not serve the Lanewood development.
United Water s Application is not in violation of any agreement between United Water and
Eagle.
I am over the age of21 years and make this Affidavit of my own knowledge.
Dated this IS~of March, 2007.
AFFIDAVIT OF GREGORY P. WYATI- 3
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SUBSCRIBED AND SWORN to before me this day of March, 2007.
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AFFIDAVIT OF GREGORY P. WYATT- 4
1)\ CAPITALLU DEVELOPMENT, Inc.
RECEIVED
DEC 2 7 2006
UNITED V\lATER
December 21 , 2006
John Lee
United Water
8248 W. Victory Road
Boise, ID 83709
Re: Letter of serviceability for Lanewood Estates in West Ada County
Dear Mr. Lee:
We are in the process of developing 190 acres in West Ada County. The property is
located at the northwest corner of Floating Feather and Linder Road and is bounded by
Lanewood Road on the west and Beacon Light on the north.
We have decided to submit a subdivision application to Ada County and anticipate that
the application will be submitted early next year, possibly the first week of January.
Consequently, we are requesting that United Water annex our property into its
certificated area and issue a letter of serviceability for our project.
Please let us know if there is any additional information that you need in order to
process this requst.
Sincerely,
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amon Y qr as?Jf. President
Capital Devet
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;;;tt, Inc.
EXHIBIT A
6200 North Meeker Place Boise. Idaho 83713
Office: [phone] Fax: [phone]
CERTIFICATE OF SERVICE
I hereby certify that on the llo!'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
472 West Washington Street Fax
O. Box 83720 Fed. Express
Boise, ID 83720-0074 Email I....A
i iewell(i!2puc.state.id. us
Bruce M. Smith Hand Delivered
MOORE SMITH BUXTON & TURCKE S. Mail
225 N. 9th Street, Suite 420 Fax
Boise, ID 83702 Fed. Express
Email
AFFIDAVIT OF GREGORY P. WYATT- 5