20070628final_order_no_30352.pdf

Office ofthe Secretary
Service Date
June 28, 2007
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
(AS AMENDED) TO INCLUDE BRITTANIA
HEIGHTS
ORDER NO. 30352
CASE NO. UWI-07-
On April 23 , 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 located on McDermott Road in Canyon County, Idaho identified as Brittarrla
Heights. Reference Idaho Code ~ 61-526; IDAPA 31.01.01.112. The Application of the
Company includes a legal description and map of Brittania Heights.
Brittania Heights is located in the vicinity of United Water s existing Belmont
Heights service area, an area non-contiguous to the Company s larger integrated system.
Reference Case No. UWI-01-, Order No. 28885. Brittania Heights will be developed in
two phases. Phase 1 is designed for approximately 34 residential lots and Phase 2 is designed for
approximately 105 residential lots. The water supply for Brittania Heights will come from two
wells.located in Belmont Heights. Both domestic water and fire protection will be provided from
these wells. Lawn watering in Brittania Heights will be provided by an alternate irrigation
source, not from United Water.
The developer of Brittania Heights, Patriot Capital Partners LLC, has requested that
United Water extend domestic water service facilities to the area. As represented in the
Company s Application, the proposed development of Brittania Heights 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 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 submits that the
extension into this area is consistent with the public convenience and necessity.
ORDER NO. 30352
Water service facilities will be extended to Brittania Heights pursuant to United
Water s Rules and Regulations governing extensions. The area will be served by extending a 12-
inch off-site water main approximately 3 425 feet from the Belmont Heights subdivision (1,580
feet Powerline Road, 1 845 feet McDermott Road). No other off-site facilities will need to be
installed to provide service other than the associated 12-inch isolation valves. The developer
will contribute all off-site and on-site facilities. No special facilities are required.
On May 9, 2007, the Commission issued Notices of Application and Modified
Procedure in Case No. UWI-07-03. The deadline for filing written comments was June 8
2007. Comments were filed by Commission Staff and the City ofNampa.
The requested expansion area lies within the City of Nampa s Area of Impact.
However, the nearest Nampa municipal water facilities are located along Happy Valley Road
approximately Y2 miles west of the proposed Brittania subdivision. The City does not currently
provide water service in this area and consents to United Water providing water service to
Brittania Heights.
Commission Staff recommends that the United Water Application for Certificate
amendment be approved and that the Commission authorize United Water to construct facilities
and extend service to Brittania Heights. Staff in its comments notes that under the Company
Rules and Regulations Governing Non-Contiguous Expansion, Brittania Heights, as a latecomer
may be required to reimburse the developer of Belmont Heights for some source of supply costs
if the amount of the original advance by Belmont Heights has not yet been fully recovered.
Reference United Water/Thueson Construction and Development (developer of Belmont
Heights) August 1 2001 Residential or Multiple Family Housing Water System Agreement.
Commission Findings
The Commission has reviewed the Company s Application and proposed Certificate
amendment. We have also reviewed the comments and recommendations of Commission Staff
and the letter of consent filed by the City ofNampa. We find that the Company s filing satisfies
the statutory and procedural requirements for Certificate applications for existing utilities. Idaho
Code ~ 61-526; IDAPA 31.01.01.112. The Commission is informed that there are presently no
existing customers in the Brittania Heights Subdivision. We find that the public interest in this
ORDER NO. 30352
matter does not require a hearing. The Commission finds it reasonable to issue an Order and
process this Application without further notice or procedure.
We find that there are no known public utilities, persons or corporations with whom
the proposed Certificate expansion is likely to compete. We find that United Water has the
capability to provide water service to Brittania Heights. We find that the present and future
public convenience will be served by issuance of an Amended Certificate of Public Convenience
and Necessity to United Water for the requested area. We find it reasonable to approve the
Application for Certificate Amendment and authorize construction of facilities and extension of
service to Brittania Heights, a subdivision in Canyon County, Idaho.
CONCLUSIONS OF LAW
The Commission has jurisdiction over United Water Idaho Inc., a water utility, and
its Application in Case No. UWI-07-03 pursuant to its authority and power granted under
Title 61 of the Idaho Code and the Commission s Rules of Procedure, ID AP A 31.01.01.000
seq.
ORDER
In consideration of the foregoing and as more particularly described above, IT IS
HEREBY ORDERED that the Certificate of Public Convenience and Necessity No. 143 of
United Water Idaho Inc. be amended to reflect the addition of that particular area described as
Brittania Heights Subdivision Phase 1 and 2 in Canyon County, Idaho as reflected and more
particularly described in Case No. UWI-07-03 Application Exhibits B and C (legal
description and map). United Water Idaho Inc. is directed to prepare and file an amended
Certificate conforming with the Commission s Order.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
ORDER NO. 30352
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
:/...
g 11-
day of June 2007.
/21~-
PAUL KJELCANDER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, C
ATTEST:
ill
/?~
Je\iln D. Jewell i
\fumission Secretary
bls/O:UWI-07-03 sw
ORDER NO. 30352