20070919Further Reply to Motion to Vacate.pdf

McDevitt & Miller LLP
Lawyers
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[phone]
[phone] (Fax)
420 W. Bannock Street
O. Box 2564-83701 ZaGl SEP 19 PI1 2: 53 Chas. F. McDevitt
Boise, Idaho 83702 Dean J. (Joe) Miller
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Septenaber 19 2007
Via Hand Delivery
Jean Jewell, Secretary
Idaho Public Utilities ConaTI1ission
472 W. Washington St.
Boise, Idaho 83720
Re:
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Case No. UWI- W -07
Dear Ms. Jewell:
Enclosed for filing, please find the original and seven (7) copies of United Water Idaho s Further
Reply to the City s Motion to Vacate Also enclosed are seven (7) copies of an Affidavit of Gregory
P. Wyatt.
Kindly return a file stanaped copy of this letter and Application.
Very Truly Yours
McDevitt Cst Miller LLP
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Enclosures
OR\G\NAL
Dean J. Miller (ISB No. 1968)
MCDEVITT & MILLER LLP
420 West Bannock Street
O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
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ZO01 SEP i 9 Pt'4 2: 54
IDAH() PUBLIC
UTiLITIES CO!!/livllSSIC1,
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
FURTHER REPLY TO CITY'
MOTION TO VACATE
CASE NO. UWI-O7-
COMES NOW United Water Idaho Inc.
, ("
United Water ) and naakes this Further Reply
to the City of Eagle s Motion to Vacate Hearing dated September 13 2007.
Back2round
As the Commission recalls, this matter was originally scheduled for hearing on May 24
2007. On the date of hearing, the City and Capital Development requested an approximate 90
day extension of the hearing date. As recited by counsel for Capital Development, the purpose
of the extension was to allow time to determine if the City could obtain from the Department of
Water Resources, a water right permit to serve the Lanewood Development.
At the May 24th hearing, counsel for the City committed to provide a report by August 1
2007, as to whether the matter likely could be settled. That report was not provided and on
August 30th the Commission issued its Second Notice of Hearing setting the matter for hearing
on September 24th, with a supplemental testimony pre-file date of September 17th.
FURTHER REPLY TO CITY'S MOTION TO VACATE - 1
On September 13th, the City filed its Motion to Vacate, requesting that the hearing and
pre-file dates be vacated. On September 14th, United Water filed an Initial Reply to the Motion
and requested the opportunity to file a more complete reply by September 19th.
The Hearin2 Should not Be Vacated
As of this date, all of the parties have submitted their supplemental pre-filed testimony,
and in consequence the case is ready for evidentiary hearing.
Of particular importance for this Reply is the Supplemental Testimony of
Scott Rhead. That testimony provides an up-date on the status of the City s water right permit
Application at IDWR and shows, with out the possibility of dispute, that a
final, non-appealable order granting a permit has not been issued.
The Supplemental Testimony of J. Ramon Yorgason has also been filed. That testimony
demonstrates that Capital Development has not, in any material way, breached the Annexation
Agreement between the City and Capital Development.
Filed with this Reply is the Affidavit of Gregory P. Wyatt. Mr. Wyatt's Affidavit
establishes there was not any form of improper collusion between United Water and Capital
Development to act in derogation of any contractual rights of the City.
Conclusion
Because all parties have filed Supplemental Testimony and the case is therefore ready for
hearing, and because the City s Motion is without merit, the Motion should be denied.
Dated this day of September, 2007.
UNITED WATER IDAHO INc.
By:
Dean J. MIller
Attorneys for United Water Idaho, Inc.
FURTHER REPLY TO CITY'S MOTION TO VACATE - 2
CERTIFICATE OF SERVICE
I hereby certify that on the ay of September, 2007, I caused to be served, via the
methodes) 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
jj ewell(illpuc. state. id. us
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Fax
Fed. Express
Email
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Bruce Smith
Moore, smith, buxton & turcke
950 W. Bannock, Suite 520
Boise, ID 83702-5716
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Robert B. Bums
Moffatt Thomas
101 S, Capital Blvd. 10th Floor
O. Box 829
Boise, ID 83701-0829
BY:
McDevitt & Mi1ler LLP
FURTHER REPLY TO CITY'S MOTION TO VACATE - 3
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