20070307Comments.pdf

SCOTT WOODBURY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 1895
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INc. TO AMEND AND)
REVISE CERTIFICATE OF CONVENIENCEAND NECESSITY NO. 143.
CASE NO. UWI-O7-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Scott Woodbury, Deputy Attorney General, and in response to the Notice of
Application, Notice of Modified Procedure and Notice of Comment /Protest Deadline issued on
February 9 2007, submits the following comments.
BACKGROUND
On January 31 , 2007, United Water Idaho Inc. (United Water; Company) filed an
Application with the Idaho Public Utilities Commission (Commission) requesting authority to
amend and revise its Certificate of Public Convenience and Necessity No. 143 , as amended, to
include an area in Ada County, Idaho identified as Lanewood Estates. Idaho Code ~ 61-526;
IDAPA 31.01.01.112. The proposed Lanewood Estates development lies adjacent to the City of
STAFF COMMENTS MARCH 7 , 2007
Eagle, north of Floating Feather Road, south of Beacon Light and west of north Linder Road in Ada
County. The Application of the Company includes a legal description and map of the Lanewood
Estates area.
The developer of Lanewood Estates has requested that United Water extend water service
facilities to the area and United Water has determined it has the capability to provide service. The
proposed development is contiguous to United Water s existing service territory and the Company
represents that it is capable of immediately extending service to the area by extending its existing
main lines.
ANALYSIS
Lanewood Estates will consist of381 residential lots and encompass an area containing 192
acres. Staffhas prepared a map showing the location of Lanewood Estates in relation to the current
service territory boundaries of United Water, Eagle Water Company, and the City of Eagle. A copy
of the map is included as Attachment A.
As represented in United Water s Application, the proposed development of Lanewood
Estates is not within the authorized service territory of any other water utility under the jurisdiction
of the Commission. Nor, it states, will it interfere with the operations of any such utility. United
Water further contends that there are no other water providers with existing facilities in the vicinity
of the Lanewood Estates area capable of providing service on the timetable requested by the
developer. 1 United Water submits that the extension into this area is consistent with the public
convenience and necessity.
Staff believes that United Water has the present ability to serve Lanewood Estates. The
Company has an existing 12-inch main that fronts Lanewood Estates along Linder Road. The water
required by Lanewood Estates can be provided by United Water without additional investment in
source of supply. All of the lots will be served by an alternate source for irrigation water.
Despite United Water s claim that "there are no other water providers with existing facilities
in the vicinity of the Lanewood Estates area capable of providing service on the timetable requested
by the developer , the City of Eagle in comments filed on March 1 , 2007, states that it intends to
provide water service to Lanewood Estates along with other developments in the City s expansion
I Staff is informed that Lanewood would like to install water mains in the June 2007 timeframe,
STAFF COMMENTS MARCH 7, 2007
area west of Linder Road. The City states that it is taking steps to build the infrastructure necessary
to develop a city-owned and operated water system. Staff is uncertain of the City s ability to serve
the property, and of the timetable on which the City could provide service. The City states in its
comments, however, that its municipal system will have a main line immediately adjacent to
Lanewood Estates and that the City believes that the main line will be ready for use by Lanewood
Estates by the time it completes the local government approval process.
Lanewood Estates is not currently within the city limits of the City of Eagle, although it is
immediately adjacent to the existing city limits and as reflected in the City s comments, is in the
City s Area ofImpact. The City reports that it has developed a master plan for water, is pursuing
acquisition of several wells as a source of water for its system, and is in the process of creating a
public works department. Lanewood Estates is included in the City s water master plan service
area. It is Staff s understanding that Lanewood Estates has made a development application to Ada
County, and that no application has been made to the City of Eagle for water service or for
annexation.Eagle City Code 6-3 A defines the City Water Service Areas as follows:
The area serviced by the City shall be only that area within the corporate
limits of the City, which is so designated by the City Council, and such
other contiguous and neighboring territory as the City Council shall
from time to time deem necessary to serve and identified on the Water
Service Development Plan Map contained in the City of Eagle Water
Service Master Plan (Ord. 517, 5-10-2005).
Staff recommends that United Water and the City of Eagle be provided a short opportunity
to seek agreement on who will provide water service to the Lanewood Estates property. The City
Eagle objects to Modified Procedure and requests a hearing. United Water has requested the
opportunity to file reply comments and has committed to file its reply by March 16 2007. Staff
recommends that a prehearing conference be scheduled for 2:00 PM, March 22 2007 to establish a
prefile schedule and hearing date.
RECOMMENDATION
United Water is capable of providing water service to Lanewood Estates. However, the City
of Eagle has also indicated that it has both the desire and the physical capability of serving the
development. Staff recommends that United Water and the City of Eagle seek agreement on who
will serve the Lanewood Estates property. Failing to reach an amicable resolution of the matter
STAFF COMMENTS MARCH 7, 2007
Staff recommends that a March 22, 2007 prehearing conference be calendared to establish a pre- file
schedule and hearing date.
Respectfully submitted this day of March 2007.
Scott Woodbury
Deputy Attorney General
Technical Staff: Rick Sterling
i/umisc/comments/uwiwO7,2swrps
STAFF COMMENTS MARCH 7, 2007
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Attachment A
Case No, UWI-07-
Staff Comments 3/07/07
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 7TH DAY OF MARCH 2007
SERVED THE COMMENTS OF THE COMMISSION STAFF, IN CASE NO.
UWI-07-, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
GREGORYP. WYATT
UNITED WATER IDAHO INC
PO BOX 190420
BOISE ID 83719-0420
DEAN J MILLER ESQ
McDEVITT & MILLER LLP
PO BOX 2564
BOISE ID 83701
~ci).
ECRETARY
CERTIFICATE OF SERVICE