20131023Application.pdf

(208) 343-7s00
[phone] (Far)
McDevitt & Miller LLP
Lauyers
420 West Bannock Street
P.O. Box 2564-83701
Boise,Idaho 83702
Octobet 23,2073
Chas. F. McDevitt
DeanJ. (}oe) Miller
Celeste IC Millet
Via lland Delivety
JeanJewell, Seuetary
Idaho Public Utilities Commission
472W. Washington St.
Boise, Idaho 83720
Re: Uwl/Bdghton Land Holdings LLC
Case No. Uln-W-l3- D I
Deat Ms.Jewell:
Enclosed fot filing in the above matter, please find an odginal and seven (7) copies of an
Application and Request fot Modified Procedue regarding United !7ater Idaho Inc.
Kindly return a file samped copy to me.
DJM/hh
Enclosures
Very Ttuly Yours,
DeanJ. Miller
Dean J. Miller (ISB No. 1968)
Chas. F. McDevitt (ISB No. 835)
Celeste K. Miller (SB No. 2590)
MoDEVITT & MILLER LLP
420 West Bannock Street
P.O. Box 2564-83701
Boise, D 83702
Tel: [phone]
Fax [phone]
i oe@mcdevitt-miller. com
[e-mail]
ck@mcdevitt-miller. com
Attorneyfor United Water Idaho Inc.
r'-, a. , ifi ,.'lir
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
ORIGINAL
CASE NO. rrwr-W-L3- D I
APPLICATION and REQUEST FOR
MODIFIED PROCEDURE
,li'l I-l.i 'l
ri
IN TTM MATTER OF THE APPLICATION )
OF UNITED WATER IDAHO INC., TO )
AMEND AND REVISE CERTIFICATE OF )
CoNVENTENCE AND NECESSITY NO 143 )
TO INCLUDE PROPERTY OF BRIGHTON )LAND HOLDINGS LLC )
COMES NOW, UNITED WATER IDAHO INC., ("United Water') and, pursuant to
Idaho Code $61-526 and IPUCRP ll2 and 201, applies to the Commission to amend and revise
its Certificate of Convenience and Necessity No. 143, as amended, to include an area located in
Ada County Idaho, as hereinafter set forth, and in support of this Application respectfully shows
as follows, to-wit:
I.
United Water is a public utility water corporation within the meaning of the Idaho Public
Utility Law, is duly organized and existing under the laws of the State of Idaho and engaged in
conducting a general water business in and about Boise City, Ada County, Idaho, having its
principal office and place of business at8248 West Victory Road, Boise, Idaho 83707.
APPLICATION and REQIJEST FOR MODITIED PROCEDIIRE - I
II.
Communications in reference to this application should be addressed to:
Gregory P. Wyatt
UNITED WATER IDAHO INC.
P.O. Box 190420
Boise, Idaho 837 19 -0420
208-362-7327
208-362-7069 (fax)
Dean J. Miller, Esq.
MCDEVITT & MILLER LLP
420W. Bannock
Boise,Idaho 83702
208-343-7500
208-336-6912 (fax)
m.
A certified copy of United Water's Articles of Incorporation, together with all
amendments to date, is on file with the Commission.
ry.
For over 100 years, United Water, together with its predecessors in interest, has owned
and operated and now owns and operates an extensive and integrated water system in Boise City,
Idaho, and in certain territory within Ada County in the vicinity of, but outside the present
corporate limits of said Boise City, and renders general water service within such territory and
to the inhabitants thereof.
V.
Applicant's current Certificate is Amended Certificate No. 143.
VI.
By this Application, United Water seeks to add an area, denominated as property of
Brighton Land Holdings LLC (Brighton Property) to its certificated service territory.
The Brighton Property area is not within the authorized territory of any other public
utility water corporation under the jurisdiction of the Commission. The extension requested
herein will not interfere with the operations of any other water utility corporation under the
APPLICATION and REQUEST FOR MODIflED PROCEDIIRE - 2
jurisdiction of the Commission. There are no other water providers with existing facilities in the
vicinity of the Brighton Property area capable of providing services requested by Brighton Land
Holdings LLC.
vII.
United Water will provide service to all the areas pursuant to its TariffNo. 1, General
Metered Service, as the same exists or may hereafter be amended. In all respects service will be
provided pursuant to United Water's Rules and Regulations as the same are now approved by the
Commission or may hereafter be amended.
VIII.
Exhibit A, attached hereto, is the legal description of the Brighton Property that is the
subject of this Application; Exhibit B, attached hereto, is a map depicting the location of the
Brighton Property area. United Water is capable of immediately extending service to the
Brighton Property by extending its existing mainlines located within its service territory.
D(.
Brighton Land Holdings LLC has requested that United Water extend water service
facilities to the area and United Water has determined it has the capability to provide service.
Water service facilities will be extended to the area pursuant to United Water's Rules and
Regulations governing extensions.
x.
The extension of service to the Brighton Property will not require the construction of
Special Facilities.
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 3
xI.
United Water submits that the extension into this area is consistent with the public
convenience and necessity.
xI.
United Water does not believe that the public interest requires a hearing on the issues
presented hereby and requests that the matter be processed by Modified Procedure.
WHEREFORE, United Water respectfully requests of the Commission:
l. That the Commission determine ttrat a hearing is not required herein and process
the matter by Modified Procedure;
2. That the Commission approve the expansion of United Water's service areas as
herein requested;
3. That the Commission authorize the preparation and filing of an Amended
Certificate No.l43 to include the areas described herein; and
4. That the Commission grant such other and further relief as the Commission may
determine proper herein.
DATED *ris X} day ofOctober,2}l3
UNITED WATER IDAHO INC.
APPLICATION and Rf,QIIEST FOR MODIIIIED PROCEDURE - 4
, Ancostor Place, Suito
A pa.rcel of land focated iq the S !/2 of the SE 1/4 of Sectiorr 28, and the NB V4 of the
NE U4 of Sgdtion 3g, of T. 3 N,, [. a 8.,'8., M., Ada County, Idaki, mor:e particularlv d*oiib, R. 3 8.,8., M,, Ada County, Irt4-ho, more particularly desoribed
Projeet No. 05-043-01
a,f ollows:
, Date: Noyember 30,2005
GRAJ.IT PARCEL DES CRIPTTON
Cqrtrlnenqing at the section comer common to Sections 27,28,33 and 34 of said T. 3 N.,
R, 3 8., (from rvhich point tho 1/4 Section oorner corunon to'said Sections 28 and 33 bears
North 89o03'30"'West, 2644.12 feet distant);
Thence tom said section corneri Sorith 00o38'4t'W$s,t, l3lgl2,fcei orr thp Section line
corylluon to said $CCtjono 33 and 34, to theNorth l/16th ge9tion comer cofilmon to said Section$
3,3 and 34i t
'Theloe North 89otr'40' West, 353.84 feet on the southedy boundary of the lr|B 1/4 of
the NB 1/4 of saicl Sbction 33 to the REAJr POINT 0f'BECII{MUG;
T'h0neo oontiriuirig North Bgol5'40i'W-e!!, V|L,}4f'eer qn the sorrtherlyboundaly o{the
Ne t4 of tlro NE !/4 cif s.aid Section 33 to a poipt qn a curve on the oasteily rieht-,ofwiy line of
EastWala Springi Aveaue (OId StafeHighway2l), (from whiohpoint the nolt[east 1/i6th
segtion comer of said $ectiqn 33 bearo North 89"15t{O'i West, 209.88 feet distanQ;
'Thenoe
476,6g-fe-et on tlte aro of a curvp to the le$i said curvo having a radius of 1116,47
feot, a oentfal .anglp af 24c27'47" aad a ohord digtalrot of 473,08 feot Which boars
Norti 25i'33'3?" 1Ves1, o,n said casterly 1ig!r!-of!w4y line of East W-nrm Spriqgs Avenue to the
southeast oorner ofRivedand Tenace Subdivision, as s?rme is shoivn on the plat thereof recorrled
inBook 40 of Plats iit Page 3343 of Ada OountyRooorrlsi
Theirce Nortlr 00"46'36" Bast, 899,'19 feef (fonterly dqscribed as North 00a25r44' E t,
599,74 feet) on the.easterlybounduy gf said Riveriqnd Tenace Subdivision, whioh lino is also '
tho weste,rly borurdirry lir-re of theNB 1/4 of the NE t/4 qf said $eotioa gg to theEast 11i6 th
section corn€r cOmmon to said Seotions 28 an4 33, said pOint also,leing the northe4st gprnpr of
said Riverland Tortace f ubdivision;
Thence North 89o03 i30" West, 930,88.feet (fornerty aescribed as
North 89'24'38'i West) on the Sectiou Iine commog tq said Sections 28 and 33, which lino is'slso tho northerly boundary line of said Riverland Terrace Subdivision to a point oh the eastprty
riglrrof-way line of Easi War-$ Srprings Avenus (Old Statesighrvay2l), (fro.lpwhichpoint the
i14 section cornet ooEr-Ilott to saidseotions 28 and 33 bears Nouh 89003'30'i West, 39[,i8 feet
distangi
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EXHIBIT A
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Grant Parcel Dose,doc
Thsnce North 45c45'41" West, $44,74 feet on the easterly riglt of-w4y line of said
East Warm Spr{ngs Avenue to a point on the north-south mid-section line of iaid Sectio:r 28
(froui which the \la septiox Qoiuer corn[ton to said Seotions 28 and 33 bearS
South 0e07'52" We$t, 373.61feet distaut);
Tltenoe No:th 00607t52tt East, 758.48 feet on the lrqgh:south mid+eqtion lirle of said
Seotisn23;
Thence leaving said mid.section lile, SoUth 50o2542" iiast, 167.89 feet;
Thenos $0uth49"4249u East, 58,00 foeti
Thenop Sout-h 56"20?6rrEast, 282,00 feet;
Thence South 65023'34r East, i 18.00 feet;
'Ihence SoUth 66o10'30'i,East, i80.00 feeti
Thenee South 54'07ts8" East; 120,00 feot;
Thence South 44059'56'r East, 219.00 feet;
Thence South 41o27'29'i East, 204.0Q feofi
Thenqe South 52o2p'04i'Ea$t, 322.00 feog
Thence South 55o36'34" East, 420.65 feet;
Thence Sottth 36o51'01ti East, 88,00 feet;
Theace South 55"02'25ii East 132,00 feet;
tlience South 48q55'33" East, 281,00 fpet;
Thence Sputh 09o08'1l" West, 100,00 &pt;
Theneo South 11i40'52'i East, 130.00 feet
Thenqo South 28o$0r$3" East, 1?4.00 feet;
ihenco Sotrfh 04o02t01" West,60.00 feet;
Thenoo South 09o40'43'i East, 80,00 feet;
Thorrce South 02"27'04" East, 107,00 feet;
EXHIBIT A
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Orani Frrccl Dcssdoc Pagc2 of'3
Thence South 18020'06'' Bast; 46:00 fe.pt;
Thenoo Squth 04014'25'i West, D.OO feet;
Thence South t9o4540'! East, 60.00 feet;
Thgnce South 35o32'30" Bast, 86.00 feet;
Thenoe South 48o09'33'r Bast, 68i00 fset to the real point of beginalng. Said Barcalcontains 39.64 acre,r moro or less.
PTTEPABEDBYI
[ugiuiering North\Yest, LLG
Jarnes R. W-ashburn, PIrS
EXHIBIT A
Page 3 of3
Grant Parccl D*c,iloc Pset3 of3
EXHIBIT B
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