20100113Motion to Vacate.pdf

WELDON B. STUTZMAN
KRSTINE A. SASSER
DEPUTY ATTORNEYS GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
POBOX 83720
BOISE, IDAHO 83720-0074
[phone] and [phone]
IDAHO BAR NOS. 3283 and 6618
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorneys for the Commission Staff
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-W-09-01
)
) COMMISSION STAFF MOTION
) TO VACATE PRE FILE DIRECT
) TESTIMONY DATE
Pursuant to Commission Rule of Procedure 256.03, Staff for the Public Utilties
Commission fies this Motion for an Order from the Commission Vacating the Prefie Direct
Testimony Date of January 22, 2010, in order for the paries to continue intensive settlement
negotiations.
BACKGROUND
On September 3, 2009, United Water filed a general rate case Application for
authority to increase rates by 15.21 %, to be applied equally to all classes of customers. i 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. Order No. 30901. Community Action Parnership Association of Idaho (CAP AI)
requested and was granted intervention. On October 27,2009, the Commission issued a Notice
of Scheduling and Notice of Hearng. Order No. 30934. Pursuant to the schedule, the Staff and
i On July 2, 2009, the Company fied a Motion for Order Waiving Requirement for Cost of Service Study
maintaining that there was no compelling need for a study to be included with its current rate case Application. The
Commission granted the Company's request by Order No. 30865.
COMMISSION STAFF MOTION
TO V ACA TE PREFILE DIRECT
TESTIMONY DATE
Intervenor deadline for prefiing testimony and exhibits is Januar 22,2010. Rebuttal testimony
and exhibits are then due on February 19,2010, and the technical hearing is scheduled to begin
March 4,2010.
Following a January 6, 2010, Notice of Staff Intent to Engage in Settlement
Discussions (IDAPA 31.01.01.272), representatives of the Paries met on Januar 11, 2010, and
engaged in initial discussions to negotiate a possible settlement in this case. The Parties pursued
these discussions in earnest and believe they wil result in an agreement. Nonetheless, the
Paries are not yet ready to file a Stipulation with the Commission. In order to allow more time
to negotiate a possible Stipulation, the Paries now seek an Order from the Commission vacating
the direct testimony prefie date. The Commission is not bound by settlements, and the
proponents of a proposed settlement carr the burden of showing that the settlement is
reasonable, in the public interest or otherwise in accordance with law or regulatory policy.
IDAPA 31.01.01.274 and 275.
Staff requests that the Commission issue an Order vacating the January 22, 2010,
direct testimony prefie date.
Respectfully submitted this /3J: day of January 2010.
~~11 ~A.v
ldon B. Stutzman
Krstine A. Sasser
Deputy Attorneys General
N:UWI-W-09-01_ks_Motion to Vacate Prefie
COMMISSION STAFF MOTION
TO V ACA TE PREFILE DIRECT
TESTIMONY DATE 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 13th DAY OF JANUARY 2010,
SERVED THE FOREGOING COMMISSION STAFF MOTION TO VACATE PREFILE
DIRECT TESTIMONY DATE, IN CASE NO. UWI-W-09-1 BY MAILING A COpy
THEREOF, POSTAGE PREPAID, TO THE FOLLOWING:
KEVIN H. DOHERTY
UNITED WATER IDAHO INC
200 OLD HOOK ROAD
HARRINGTON PARK, NJ 07640
E-MAIL: Kevin.doherty(iunitedwater.com
DEAN J MILLER
McDEVITT & MILLER LLP
PO BOX 2564
BOISE ID 83701
E-MAIL: joe(imcdevitt-miler.com
BRAD M. PURDY
ATTORNEY AT LAW
2019 N 17TH STREET
BOISE ID 83702
E-MAIL: bmpurdy(ihotmaiL.com
(~4 d0-CYtvLLe~
SECRETARY
CERTIFICATE OF SERVICE