20080506Answer.pdf

McDevitt ~ Miler LLP
Lawyers
(208) 343,7500
(208) 336,6912 (Fax)
420 West Bannock Street
P.O. Box 2564,83701
Boise, Idaho 83702
Chas. F. McDevitt
DeanJ. Ooe) Miler
May 6, 2008 s $~~ ~ -a....':'- ;. U'fhi, ~ ~
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Jean Jewell, SecretaryIdao Public Utities Commssion
472 W. Washigton St.
Boise, Idaho 83720
RE: Case No. UWI~W~08~0l
Complaits of McKay Constrction and Schmidt Constrction
Dear Ms. Jewell:
Enclosed for fig in the above matter please find the formal Answer of United Water, as
required by RP 57 and the Commssion's Summons dated April7, 2008.
Also enclosed is United Water's Statement of Position which more fully explais United
Water's labor in lieu of cash program and the reasons for which United Water determed to place
a cap on the number of eligible contractors.
Kidly return a fie stamped copy to me.
Very Truly Yours,
cDevitt &: Miler LLP
CFM!h
Ends
cc:United Water
McKay Constrction
Schmdt Constrction
Dean J. Miler ISB #1968
McDEVm & MILLER LLP
420 West Bannock Street
P.O. Box 2564-83701
Boise, ID 83702
Tel: [phone]
Fax: [phone]
joe Ø2mcdevitt -miller.com
RECEIVED
Q8 MAY -6 AM 10: 52
IOi'J¡O h.j(¡i.iŠ'"
UTiUTIES COMMI SION
ORIGINAL
Attorneys for United Water IdaM Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
McKAY CONSTRUCTION CO., INC.,
COMPLAINANT
and
SCHMIDT CONSTRUCTION CO., INC.,
COMPLAINANT
Case No. UWI-W-08-01
ANSWER OF UNITED WATER
IDAHO INC.
vs.
UNITED WATER IDAHO INC.
RESPONDENT
COMES NOW United Water Idaho Inc, ("United Water") and in Answer to the
Complaints of McKay Construction Co., Inc ("McKay") and Schmidt Construction Co., Inc
("Schmidt") admits, denies and alleges as follows:
McKay Complaint
1. United Water denies each and every allegation of the Complaint not specifically admitted
herein.
2. In Answer to the allegations of the paragraph that begins with the words, "In December
of 2007..." United Water admits that it provided a Pre-Qualification Contractor Package to
McKay, but denies it did so to re-establish McKay's standing as an approved contractor. United
ANSWER OF UNITED WATER IDAHO INC.- 1
Water admits the remaining allegations of this paragraph and United Water admits that in
Januar of 2008, it determined not to add additional contractors to its approved contractor list.
3. In Answer to the allegations ofthe paragraph that begins with the words, "After Steve's
conversation..." United Water is without suffcient information to admit or deny the allegations
contained therein, and therefore denies the same.
4. In Answer to the allegations of the paragraph that begins with the words, "In response
to..." and the subsequent paragraphs of the McKay Complaint, these paragraphs are more in the
nature of argument, not allegations of fact, and United Water responds to them jn the
accompanying Statement of Position.
Schmidt Complaint
5. United Water denies each and every allegation of the Complaint not specifièally admitted
herein.
6. United Water admits that in November of 2007, Schmidt submitted a Pre-Qualification
application and admits that in January of 2008, United Water determined not to add additional
contractors to the approved contractors list for the year 2008.
7. In answer to the remaining paragraphs of the Complaint, these paragraphs are more in the
nature of argument, not allegations of fact, and United Water responds to them in the
accompanying Statement of Position.
Procedural Suggestions
8. United Water consents that the Commission may consider this matter as being fully
submitted based on this Answer and the accompanying Statement of Position and that the
Commssion may render a decision based thereon. Alternatively, if the Commssion desires oral
argument based on the existing record, United Water is prepared to present oral argument.
ANSWER OF UNITED WATER IDAHO INC.- 2
Alternatively, if the Commission believes the record should be more fully developed through
pre-fied testimony, United Water suggests that a pre-hearing conference be convened.
WHEREFORE, having fully answered the McKay Complaint and Schmidt Complaint,
United Water respectfully requests that the same be dismissed.
DATED this ~ day of May, 2008.
Respectfully submitted,
McDEVIT & MILLER LLP
~jiL
Dean J. Miler
McDevitt & Miler LLP
420 W. Bannock
Boise, ID 83702
Phone: [phone]
Fax: [phone]
Counsel for United Water Idaho Inc.
ANSWER OF UNITED WATER IDAHO INC.- 3
;.
CERTIFICATE OF SERVICE
I hereby certify that on the 19'fday of May, 2008, I caused to be served, viathe method(s)
indicated below, true and correct copies of the foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, ID 83720-0074
JJewell Wpuc.state.id.us
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
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Schmidt Construction Co., Inc.
4662 Henry Street, Suite B
Boise, ID 83709
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Fax ~'-
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XU.S. Mail
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McKay Construction Inc.
P.O. Box 2450
Eagle, ID 83616
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ANSWER OF UNITED WATER IDAHO INC.- 4