20070919Wyatt Affidavit.pdf

Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. BOX 2564-83701
Boise, Idaho 83702
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. UWI-O7-
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INc., TO
AMEND AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY NO 143
Water
AFFIDAVIT OF GREGORY P.
WYATT
STATE OF IDAHO
:ss
County of Ada
Gregory P. Wyatt, being first duly sworn deposes and says:
I am the Vice-President and General Manager of United Water Idaho Inc.
, ("
United
I make this Affidavit in further reply to the Motion to Vacate Hearing filed by the City of
Eagle on September 13, 2007. More specifically, I respond to the following allegation in the
Motion:
Unknown to the City, Capital Development and United Water entered into a
Confidentiality Agreement at some point subsequent to Capital Development's entering
the Agreement with the City. On September 7, 2007, the City learned of the
Confidentiality Agreement between United Water and Capital Development and that
United Water and Capital Development had been undertaking to provide service to the
development by United Water in direct contradiction to the agreement between Capital
AFFIDAVIT OF GREGORY P. WYATT-
Development and the City. The City was completely unaware of the Confidentiality
Agreement and the fact that United Water and Capital Development had been secretly
planning for provision of service by United Water." Page 3 of 5.
On May 24, 2007, prior to commencement of the hearing scheduled for that date, I met
with Mr. Yorgason and his counsel at the office of United Water s attorney. I was informed
there, that Capital Development and the City had reached an agreement to vacate the scheduled
hearing for approximately 90 days. As I understood it, the purpose of the continuance was to
allow the City time to obtain a water right permit to serve the Lanewood development.
At that time, I was shown a copy of the Annexation and Cooperation Agreement between
Capital and the City.
After appearing at the hearing that date, at which the hearing was vacated, I asked Capital
for a copy of the Agreement, for my files. Capital agreed to provide a copy, but requested that it
be kept confidential. Capital's reasons desiring confidential treatment are set forth in the
Supplemental Testimony of J. Ramon Yorgason filed herein on September 17. I therefore was
instructed by my attorney to enter into a Confidentiality Agreement. The Confidentiality
Agreement is attached to United Water s Initial Reply to the City s Motion to Vacate. After
execution of the Confidentiality Agreement I received a copy of the Annexation Agreement
which I placed in my files.
From that time until approximately the middle of July, I did not devote any attention to
the Lanewood matter and did not have any communication with Mr. Yorgason or other
representatives of Capital Development.
AFFIDAVIT OF GREGORYP. WYATT- 2
As the date of August 1 approached, the date on which the City was supposed to file a
status report, I instructed our attorney to monitor the situation to determine whether the report
was filed.
After the City failed to file the required report on August 1 , I had one conversation with
Mr. Yorgason to determine whether Capital Development desired United Water to pursue its
application for expansion of the Company s Certificate of Public Convenience and Necessity.
Upon learning that the City had not obtained a water right permit from the Department of Water
Resources and upon learning that Capital Development desired United Water to pursue the
Application, I instructed our attorney to take steps toward establishing a new hearing date.
The allegation contained in the City s Motion to Vacate that United Water and Capital
Development had been secretly planning to provide service is false.
10.I am over the age of 21 years and make this Affidavit of my own knowledge.
AFFIDAVIT OF GREGORY P. WYATT- 3
STATE OF IDAHO
County of Ada
: ss
GREGORY P. WYATT, being first duly sworn deposes and says that he is the
Vice President of United Water Idaho Inc.; that he has read the foregoing Affidavit and
knows the contents thereof and that the same are true to the best of his knowledge and
belief.
Gregory
SUBSCRIBED AND SWORN to before me this tr7fay of September, 2007.
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Residing at:
Commission EXP:~JJhJ) I;J. :JDOq!
CERTIFICATE OF SERVICE
I hereby certify that on the Iq~ay of September, 2007, I caused to be served, via the
method(s) indicated below and correct copies ofthe foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
jj ewell(fYpuc.state.id. us
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Robert B. Bums
Moffatt Thomas
101 S. Capital Blvd. 10th Floor
O. Box 829
Boise, ID 83701-0829
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Bruce Smith
Moore, smith, buxton & turcke
950 W. Bannock, Suite 520
Boise, ID 83702-5716
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FURTHER REPLY TO CITY'S MOTION TO VACATE - 3