20100318final_order_no_31029.pdf

Office of the Secretary
Service Date
March 18 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC. FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES IN THE STATE OF IDAHO.
CASE NO. UWI-09-
ORDER NO. 31029
On September 3, 2009, United Water Idaho Inc. filed a general rate case Application
requesting authority to increase its rates by 15.21%, to be applied equally to all classes of
customers. Prior to its Application in this case, the Company last increased its basic rates and
charges in August 2006. Order No. 30104. The Company requested that its proposed new rates
become effective October 3, 2009.
On September 17, 2009, the Commission issued a Notice of Application, setting an
October 8, 2009, deadline for intervention and suspending the Company s proposed October 3
2009, effective date for new rates. Order No. 30901. Community Action Partnership
Association of Idaho (CAPAI) requested and was granted intervention. On October 27, 2009
the Commission issued a Notice and Order establishing dates for Staff and Intervenors to prefile
testimony, and scheduling a technical hearing to convene on March 4 2010. Order No. 30934.
On January 6, 2010, Staff filed with the Commission a Notice of Intent to Engage in
Settlement Discussions. See Commission Rule of Procedure 272; IDAP A 31.01.01.272.
Settlement discussions subsequently began on January 11 , 2010, between all parties. The
discussions resulted in a Stipulation, and on January 27 2010, the parties filed a Stipulation and
negotiated settlement proposing resolution of all issues raised by United Water s Application.
United Water, Commission Staff and CAP AI all filed testimony in support of the Settlement
Stipulation.
On February 5, 2010, the Commission issued a Notice of Settlement Stipulation
Notice of Modified Procedure, and Notice of Public Hearing. The Notice established a deadline
for interested parties to file comments regarding the proposed Stipulation, and also stated the
Commission s preliminary determination that "the public interest may not require a technical
hearing to consider the issues presented and that issues raised by the Settlement Stipulation may
be processed by Modified Procedure. See Commission Rules of Procedure 201-204, IDAPA
31.01.01.201-204.Interested parties were invited to file written comments "in support or
ORDER NO. 31029
opposition to the Settlement Stipulation and the use of Modified Procedure in this case." Order
No. 30998 , p. 3. On March 5, 2010, the Commission issued Order No. 31016 approving the
Stipulation and authorizing United Water to increase its rates as set forth in the Stipulation
directing the Company to implement a level pay program for customers, and directing the parties
to convene a workshop to review possible changes to the United Water Cares Program and
improvements in the Company s water conservation programs.
CAP AI timely filed an application for intervenor funding on March 8, 2010. Idaho
Code ~ 61-617 A authorizes an intervenor cost award not to exceed a total of $40 000 for all
intervening parties. CAP AI requested intervenor funding to recover $5 478.75 in fees and costs.
Individual intervenor funding awards must be based on findings that the intervenor
participation materially contributed to the Commission s decision, the costs of intervention are
reasonable and would be a significant financial hardship for the intervenor if no award is given
the recommendations made by the intervenor differed materially from Staffs evidence, and the
intervenor s participation addressed issues of concern to the general body of users or consumers.
Idaho Code ~ 61-617 A(2). Additionally, the intervenor funding statute requires the Commission
to consider the reasonableness of the costs of intervention and the relative financial hardship for
each intervenor. Idaho Code ~ 61-617 A(2)(b).
CAP AI fully participated in the case by presenting prefiled testimony, attending the
meetings that resulted in the Stipulation, and explaining the advantage to low-income customers
gained through the Settlement. CAP AI identified the differences between its case and the issues
primarily addressed by Staff. For example, CAP AI "was the only party to propose that UWI
discuss possible changes to its 'United Water Cares Program' and to analyze means in which to
better inform its customers of ways to reduce water consumption." CAP AI Application for
Intervenor Funding, p. 4. CAP AI is a public-interest entity with modest financial resources and
might not be able to participate in rate proceedings without intervenor funding. CAP AI brings a
perspective to rate cases that may otherwise be overlooked or underrepresented, and the
Commission appreciates CAP AI's reasonableness in its funding request.
Based on the record and the intervenor funding request, we find that the policy stated
in Idaho Code ~ 61-61 7 A to encourage participation in Commission proceedings "so that all
affected customers receive full and fair representation" is furthered by awarding intervenor
funding to CAP AI. The Commission approves intervenor funding in the amount of $5,478.75 to
ORDER NO. 31029
CAP AI. Section 61-617 A requires that intervenor funding "be chargeable to the class of
customers represented by the qualifying intervenors." Accordingly, CAP AI's intervenor funding
award is to be recovered from residential customers.We believe this award satisfies the
objectives of intervenor funding set forth in Idaho Code ~ 61-617 A.
ORDER
IT IS HEREBY ORDERED that intervenor funding is awarded to CAP AI in the
amount of $5 478., which amount will be recovered from the residential customer class.
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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;-t.
day of March 2010.
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D. KEMPTON, P SIDENT
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MARSHA H. SMITH, COMMISSIONER
ATTEST:
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6J (f.D. Jewel
ommission Secretary
bls/O:UWI-O9-intervenor funding
ORDER NO. 31029