20070423Application.pdf

McDevitt & Miller LLP
Lawyers
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Chas. F. McDevitt
Dean J, (Joe) Miller
April 23, 2007
Via Hand Delivery
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83720
Re: UWI-W-07-03
Dear Ms. Jewell:
Enclosed for filing in the above matter, please find the original and seven (7) copies of
United Water s Application and Request for Modified Procedure.
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
McDEVITT &: MILLER LLP
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Dean J. Miller
DJMIhh
Enclosures
ORIGINAL
Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP ~"ll
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O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
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UTI L \'di:~Sic.,
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
TO INCLUDE BRITT ANIA HEIGHTS
APPLICATION and REQUEST FOR
MODIFIED PROCEDURE
CASE NO. UWI-O7-
COMES NOW, UNITED WATER IDAHO INe.
, ("
United Water ) and, pursuant to
Idaho Code Section 61-526 and IPUCRP 112 and 201 , applies to the Commission to amend and
revise its Certificate of Convenience and Necessity No. 143 , as amended, to include an area
located in Canyon County Idaho, as hereinafter set forth, and in support of this Application
respectfully shows as follows, to-wit:
United Water is a public utility water corporation within the meaning of the Idaho Public
Utility Law, is duly organized and existing under the laws of the State of Idaho and engaged in
conducting a general water business in and about Boise City, Ada County, Idaho and in Canyon
County, having its principal office and place of business at 8248 West Victory Road, Boise,
Idaho 83707.
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 1
II.
Communications in reference to this application should be addressed to:
Gregory P. Wyatt
UNITED WATER IDAHO INC.
O. Box 190420
Boise, Idaho 83719-0420
208-362- 7327
208-362- 7069 (fax)
Dean J. Miller, Esq.
McDEVITT & MILLER LLP
O. Box 2564
Boise, Idaho 83701
208-343- 7500
208-336-6912 (fax)
III.
A certified copy of United Water s Articles of Incorporation, together with all
amendments to date, is on file with the Commission.
IV.
For over 100 years, United Water, together with its predecessors in interest, has owned
and operated and now owns and operates an extensive and integrated water system in Boise City,
Idaho, and in certain territory within Ada County in the vicinity of, but outside the present
corporate limits of said Boise City, and in Canyon County, and renders general water service
within such territory and to the inhabitants thereof.
United Water s current Certificate is Amended Certificate No. 143.
VI.
By this Application, United Water seeks to add an area, denominated as Brittania Heights
to its certificated service territory.
United Water has received a request for service from the developer of Brittania Heights
attached hereto as Exhibit A.
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 2
VII.
The Brittania Heights area is not within the authorized territory of any other public utility
water corporation under the jurisdiction of the Commission. The extensions requested herein
will not interfere with the operations of any other water utility corporation under the jurisdiction
of the Commission. The City of Nampa, Idaho, a municipal water provider with facilities in the
vicinity of Brittania Heights has consented to service by United Water.
United Water will provide service to all the areas pursuant to its Tariff No., General
Metered Service, as the same exists or may hereafter be amended. In all respects service will be
provided pursuant to United Water s Rules and Regulations as the same are now approved by the
Commission or may hereafter be amended.
VIII.
Exhibit B, attached hereto, is the legal description of the Brittania Heights area; Exhibit
, attached hereto is a map depicting the location of the Brittania Heights area. As illustrated on
Exhibit C, the Brittania Heights subdivision is located in Canyon County, Idaho in the vicinity of
United Water s existing Belmont Heights service area.
IX.
The developer of the Brittania Heights has requested that United Water extend water
service facilities to the area and United Water has determined it has the capability to provide
service. Water service facilities will be extended to the area pursuant to United Water s Rules
and Regulations governing extensions.
United Water submits that the extension into this area is consistent with the public
convenience and necessity.
APPLICA TION and REQUEST FOR MODIFIED PROCEDURE - 3
XI.
United Water does not believe that the public interest requires a hearing on the issues
presented hereby and requests that the matter be processed by Modified Procedure.
WHEREFORE, United Water respectfully requests of the Commission:
1. That the Commission determine that a hearing is not required herein and process
the matter by Modified Procedure.
2. That the Commission approve the expansion of United Water s service area as herein
requested;
3. That the Commission authorize the preparation and filing of an Amended Certificate
No. 143 to include the area described herein; and
4. That the Commission grant such other and further relief as the Commission may
determine proper herein.
DATED this 1-1 day of April, 2007.
U1L-
ean J. Miller
Attorney for Applicant
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 4
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RECEIVED
NaV 2 1 2006
UNITED WATER-
Wed November 15,2006
File no. JLH/66600
John Lee
Construction Coordinator
United Water Idaho Inc.
8248 West Victory Road
Box190420
Boise, ID, 83719-0420
Re: Brittania Heights I II Subdivisions
John
Per our conversation last Thursday I am hereby formally asking United Water to provide
domestic water to our subdivision on McDermott Rd in Canyon County. I have attached
the legal descriptions that you requested for each of the two phases. We will be under
construction of the first phase by mid-December and possibly the second phase will begin
late summer, early fall of next year. If there is anything more that you need to apply for
the PUC approval please let me know.
Yo yefY truly,
effery L. Hess
Manager
Patriot Capital Partners LLC
8645 W. Franklin Rd
Boise, ID 83709
208-947-4730 direct
208-376-8523 fax
208-850-2431 cell
jhess(IDhcollc.com
EXHIBIT A u .
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Nov 16 OG 01 i ~~p Gla1born-Wa1~e GOn5Ul~1n; ~06 ~~~ ~66~
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claiborn consultin9~T lie
engineers & surveyors
120 N. Curtis Rd.. '
Boise, Jd8ho 83706
(203) 376-85"
Fax: [phone]
N. 2194 January 26:. 2006
PROPOSED BRITT ANIA HEIGHTS SUBDMSION
BOUNDARY DESCRIPTION
partiQD Qf 1and Iooat~ in the Southe.ast 1/461 the. Northeast 114 of
~eCtion29, T.3N.) R.IW,~ D.M,AdaCounty:o Idaho Uloreparticularly
, described as follows:
Commencing at the Northeast corner of said Section 299 thence S 000 49;
32tt W along the East boundary of said Section 29 also being the centerline
ofMcDamott Rd. for a distance of 1854.89 feet to the REAL POINT OF
BEGINNING;
thence continuing S 000 49' 32" W along said East boundary and centerline
for a dis1aDCe of 80 1.60 feet to the Southeast comer of the Northeast 1/4
said Section, 29 (East 1/4);
thence leaving said .aastooundary and centerline N 8Se) 46' 17" W along the
South boundary of said Northe3$t 1/4 for a distance of 1337 IS feet to the
Southwest comer of the Southeast 1/4 of the Northeast 1/4 of said Section
29;
theooeleavingmd South boundary N 0(10 53' 26" E along. the West
boundary ofs8id Southeast 114 of the Northeast 1/4 fot It distance of 1328.
feet to the Northwest comer of said Southeast 1/4 of the NortheMt 1/4;
thence S 880 46' OS" E along the North boundaIy of said Southeast 1/4 of
the Northeast 1/4 for a distance of684.75 feet to a point on the centerline of
the Ridenbaugh Canal;
. .
thence along the Qenterline oftbe Ridcnbaugh Canal for the following nine
courses:
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EXHIBIT B
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S S4O 59' 32" E for a distance of 171.22 feet to a point of curve to the right;
, theIWe along said C1D'VC to the right for an arc ,distance of 64 .28 feet, said
curve bavmg a radius of 187.37 feet. a central angle of 190 39' 23~'f and a
long chord which bears S 450 09' SO" E for a distance of63.97 feet to a~mM~pm;
thence S 350 20' 09" E for a distance of 43.34 feet to 8 point of curve to the
right;
thep,ce a!c:mg said ClitVeto the right for an arc di$tance of 41.28 fee~ said
~havinga ni.nus of 66.41 feet, a central ~gle of 350 36' sr", and a
Ion!! chord which. bears S 17 Q 31' 44" E for a distance of40.62 feet to aw -
, point of tangent;
, thence S 000 16' 42" W for a distance of 101.39 feet to a point of curve to
the left;
thence along said curve to the left for an arc distcmce of70.78 feet, said
cur:ve having a radius of 100.75 feet, a central angle of 400 IS' OS". and a
long chord which bears S 190 SO' SO" for a distance of 69.33 feet to a
point of tangent:
thence S 390 58' 2~" E fot a distance of 13.99 feet to a pomt of CUtVe to the
left;
thence along said curve to the left for an arc distance of 79.91 feet, said
, curve having a radius of 141.05 fe~ a ccntm1 angle of32c 27' 39", and a
. long chord which bears 56012' 12" E for a distance of78.8S feet to a
point. of tangent;
th~ce S 72~ 26' 02n B for a distance of 338.48 feet to the POINT OF
BEGINNING;
containing 35.85 acres of iand more or less.
Prepared by: Todd R. Waite P.
\ \Spod 1 'projects \EI ritami8 (2194 )\DocuJncats\Britaaaia. ct,o- 2
Nov 16 06 011 ZSf'Claiborn-Wai~e Con5ul~in; ZO8 ~ZS S862 f' . ...
claiborn ... waite consultin
engineers & sul'\leyors
120 N. Curtis Road
Boise, Idaho 83706
(208) 376~SSSS
Fax [phone]
2289 December 19 2005
PROPOSED BRITIANIA SUBDMSION NO.
BOUNDARY DESCRIPTION
A parcel of land located in the Southeast 1/46fScct1on 29:0 T.3N." R.IW.
Canyon County, Idaho, and being more particularly described as
follows:
Beginning at the Southwest comer of the Southwest 1/4 oftbe Soutlleast 1/4
of said Section 29 (South 1./4), uom which the Center 1/4 comer bears N
Ooo56~50~~E, 2647.64 feet;
thence N OooS6~50'1I B along the West boundary of said Southwest 114 oithe
Southeast 1I4~ also being the centerline of S. Dewey Lane for a distance of
857.12 feet (formerlyN OOOS6'23n E, 856.93);
thence leaving said West boundary S 88042'49" E (formerly S 88043'5)"" E)
for a disbmce of 491.70 feet;
thence N 00056'50" E (formerly N OOQ56'23~ E) for a distance of 466.
feet to a point on the North boundary of said Southwest 1/4 of the Southeast
1I4~
thence S 88042'49" E along said North boundary for a distance of 846.
feet 10 the Southwest comer of the Northeast 1/4 of the Southeast 1/4 of said
Section 29;
thence N 00053'18'. E along the West boundary of said Northeast 1/4 of the
Southeast 1/4 for a distance of 1325.21 feet (formerlyN 00052'41' E
1325.15') to the Northwest corner of said Northeast 1/4 ofilia Southeast 1/4;
C:\My DocUII1OJ'Its\BriuuniaBNDY.doc-1
l"Iov 16 06 01; i:~p Glal~orn-Wal~e GOn5ul~ln~ i:O6 ~i:O 066i:
thence S 88046'15" E along the North boundary of said Northeast 1/4 of the
Southeast 1/4 for lHlistance of 1337.16 feet (formerly S 8SQ46 ~ 50~' Et
1337.01') to the Northeast corner of said Northeast 1/4 oftbe Southeast 1/4;
thence S 00049'44" W along the East boWtdary of said Northeast 114 oCtile
Southeast 1/4 for a djstance of 192.83 feet;
thence N 88042'49" W for a distance of552.61 feet;
thence S 00049'44" W for a distance of 1133.73 feet to a point on the South
boundary ofsald Northeast 1/4 of the Southeast 1/4;
thence N 88O42'49,t W along said South boundary for a distance of 405.
feet;
thence leaving said South boundary S OOoS2~47" W for a distance of
J325.53 feet (formerly S 00052'48" W, 1325.43') to a point on the Soutb
bOW1dary of said Section 29, also being the centerline ofE. Amity Road;
thence N 88039'24" W along said South boundary and centerline for a
distance of 1720.18 feet to the point of beginning;
containing 73.36 acres ofland, more or less.
Prepared by: Todd R. Waite P.
C:\My Oocuments\BrittaniaBNDY .doc-
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