20110902Application.pdf

(208) 34.7_
(208) 33612 (Fax)
McDevitt & Miller LLP
Lawyers RECEIVED
420 W. Bannock1'teiEP - 2 PM \: 23
P.O. Box 2564-83701 ..
Boise, Idaho 8.37nj\q.f¡~b~J
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Cñas. F. McDevitt
De J. (Joe) Mille
Septeibe 2, 2011
Wa Hand Delive
Jea Jewell SecretaIdao Public Utities Cotnssion
472 W. Washi St
Boise, Idaho 83720
Re: UW-W-ll-03
Dea Ms. Jewell:
Enclosed for fi in the above matter, please fid an oril and seen rT copie of United Water
Idao Inco's Application.
Kidly retu a fi staped copy to me.
Very Tniy You,
McDevitt & Mi UP
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End.
OR\G\NAL
Dean J. Miler (ISB No. 1968)
Chas. F. McDevitt (ISBNo. 835)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. Box 2564-83701
Boise, ID 83702
Tel: [phone]
Fax: [phone]
ioe(imcdevitt -miler. com
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Attorneys for Applicant
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC. FOR
AUTHORITY TO APPLY ABANDONED
DEPOSITS TO LOW INCOME
ASSISTANCE PROGRA AND REQUEST
FOR MODIFIED PROCEDURE
Case No. UW-W-ll-03
APPLICATION and REQUEST FOR
MODIFIED PROCEDUR
COMES NOW United Water Idaho Inc. ("United Water" or "Company"), pursuant to
ID AP A 31/21/01.110, and applies to the Commission for authority to pay unclaimed deposits to
UW Cares, a low income assistance program which assists low income and disadvantaged
customers with payment of bils, and in support thereof respectfully shows as follows, to wit:
i.
Beginning in September 2005, the Company initiated UW Cares, which is the first and
only water utility customer assistance program in the State. The program, which is administered
through the E1-Ada Communty Action Partnership social serice organzations, curently
provides up to $50 in anual water bil assistance to qualifyng customers. The program was
initially designed such that the Company fuded the program and would match customer
contrbutions into the fud up to $20,000 anually. Additionally, the Company provides the
APPLICATION-l
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agencies with indoor water conservation kits for distribution and installation for qualified
customers in the program. Since UW Cares began in the fall of2005, more than $74,000 in
assistance has been provided to more than 1,600 qualified customers to help pay their water bils.
In its currently pending general rate proceeding, United Water states that it is increasing the
annual amount available per customer from $50 to $65 and removing the matching cap of
$20,000.
II.
Pursuant to its Rules and Regulations, United Water from time to time obtains deposits
(Deposits) from third paries for the constrction of water main extensions as the initial step in
providing water service to the thrd pary.
III.
Curently, the Company holds two Deposits related to the constrction of subdivision
water main extensions; projects which were abandoned by the developers prior to completion and
prior to the water system assets being conveyed to the Company or placed in service. The
Deposits were initially collected to cover the Company's inspection and overhead costs on the
projects. The two Deposits are as follows:
. Project C07D31 0 Park Place Gardens, the depositor was L211-1 D Shaunessey, LLC;
the balance amount of the Deposit is $80,878.48, and was made on Januar 31,2007.
· Project C08D327 Catalpa Subdivision, the depositor was Hard Rock Constrction,
Inc; the balance amount of the Deposit is $14,777.71, and was made on April 21,
2008.
APPLICA TION-2
iv.
The company has made diligent effort to return the deposits to the depositors, but has been
unable to do so. The Deposits have been unclaimed for more than one year.
v.
The Commission's Utility Customer Relations Rule 110 provides:
"01. Presumption of Abandonment. Pursuant to Section 14-508, Idaho Code, any
deposit or advance payment made to obtain or maintain utility service that is unclaimed by
the owner for more than one (l) year after termination of service is presumed abandoned.
(4-6-05)
02. Financial Assistance Program. A utility may apply to the Commission for approval
to pay unclaimed deposits and advance payments presumed to be abandoned to a financial
assistance program which assists the utility's low income and disadvantaged customers
with payment of utility bils. The utility shall remain obligated to file its report of such
abandoned property as required by Section 14-517, Idaho Code, and retain records as
required by Section 14-531, Idaho Code."
Vi.
The issuance ofan Order authorizing United Water to pay the above referenced
Deposits to UW Cares would be in the public interest because:
. At curent levels of customer demand, the Deposits would provide fuds suffcient
to maintain the UW Cares program for several years;
. The Deposits would provide fuds to enable expansion of the UW Cares program
as circumstances in the future might warant;
. If the Deposits were not transferred to the UW Cares program in the ordinar
course of events the Deposits would escheat to the general fud of the State of
Idaho.
APPLICA TION-3
VII.
Idaho Code § 14-508(2) provides:
"The public utilities commission may certify that a utility is paricipating in a
financial assistance program which assists the utility's low income and
disadvantaged customers with their utility bils. Upon certification to the
administrator, the utilty shall pay the fuds which would have been presumed to
be abandoned under subsection (1) of this section to the financial assistance
program certified by the public utilities commission. The utility shall remain
obligated to file its report of such abandoned propery as required by section 14-
517, Idaho Code. (I.e., § 14-508, as added by 1983, ch. 209, § 2, p. 563; a.m.
1997, ch. 399, § 5, p. 1262.)"
The "administrator" within the meaning of Idaho Code § 14-508(2) is the Idaho State Tax
Commission.
VIII.
United Water has engaged legal counsel to prepare and process this Application and
United Water believes the estimated reasonable cost thereof to be $5,000.
IX.
United Water believes that a hearng is not required to consider the matters presented in
this Application, and requests that it be processed by Modified Procedure.
WHEREFORE, United Water respectfully requests that the Commission issue its Order:
1. Deterinin.g that this matter be processed by Modified Procedure;
2. Authorizing transfer of the Deposits, net of reasonable costs of this
proceeding, to the dedicated UW Cares account;
3. Cerifyng to the Idaho State Tax Commission that United Water
paricipates in a financial assistance program which assists the utility's low
income and disadvantaged customers with their utility bils;
4. Granting such other and fuher relief as is appropriate in the circumstance.
APPLICA TION-4
DATED this -2 day of September, 2011.
UNITED WATER IDAHO INC.
BY~~
Attorney for Applicant
APPLICA TION-5