27795.docx

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF UNITED WATER IDAHO INC. TO AMEND ITS RULES AND REGULATIONS GOVERNING WATER MAIN EXTENSIONS.
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CASE NO. UWI-W-98-4
ORDER NO.  27795
On September 4, 1998, United Water Idaho Inc. (United Water; Company) filed an Application with the Idaho Public Utilities Commission (Commission) in Case No. UWI-W-98-4 proposing to amend the Company’s Rules and Regulations Governing Water Main Extensions (i.e., Rules 67, 73, and 75).  On October 2, 1998, the Commission issued a Notice of Application and Modified Procedure.  The deadline for filing written comments was October 23, 1998.  The Commission Staff was the only party to file comments.
The amendments to Rules 67 and 73 are intended to allow individuals and developers of subdivisions to provide materials necessary for the installation of water facilities.  While customers are currently allowed to provide labor in lieu of a cash contribution toward facility construction, the Company has historically provided all of the materials and the customer has contributed the cash.
The amendment to Rule 75 is intended to allow, in some circumstances, refunds for developers who contribute the cost of “special facilities” in the nature of sources of supply, storage or pumping.  United Water’s current rules require developers to fully contribute on-site facilities, but the rules do not specifically address developer responsibility when a subdivision triggers the need for investment in new sources of supply, storage or pumping.  This amendment clarifies that ambiguity.
The line extension amendments proposed by the Company in this case are the direct result of Staff’s comments and recommendations filed in prior Case Nos. UWI-W-97-3 and GNR-W-97-3.  The Commission has issued its final Order No. 27762 in those cases approving a Settlement and Stipulation agreement between UWI and Hidden Springs Water Co., LLC and citing the reasonableness of materials-in-lieu of cash and refund of special facilities costs.  Staff worked with the Company to develop reasonable amendments to line extension Rules 67, 73 and 75 so that all individuals and developers are treated equitably and consistently when line extensions are requested.  Subsequent to the filing of the Rule 75 amendments the Company and Staff agreed to further additional language (submitted) that allows individual case by case assessment and review of projects that fall under the amended special facilities portion of the tariff. Therefore, Staff recommends that the proposed amendments be approved as modified.
Commission Findings
The Commission has reviewed and considered the filings of record in Case No. UWI-W-98-4 including the comments of Commission Staff and proposed further changes to tariff Rule 75.  Based on our review of the record the Commission continues to find that the issues presented for consideration in Case No. UWI-W-98-4 are appropriate for processing under Modified Procedure and that the public interest does not require a hearing.  IDAPA 31.01.01.204.  
The Commission further finds the proposed amendments to Rules 67, 73, and proposed (and later revised) amendments to Rule 75 of the Company’s Rules and Regulations Governing Water Main Extensions to be reasonable.  
CONCLUSIONS OF LAW
The Commission has jurisdiction over United Water Idaho Inc., a water utility, and over the issues presented in the Company’s Application in this case pursuant to the authority and jurisdiction granted the Commission under Title 61 of the Idaho Code and pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
In consideration of the foregoing and as more particularly described above, IT IS HEREBY ORDERED and the Commission does hereby approve the Company proposed amendments to Rules 67, 73, and proposed and later revised amendments to Rule 75 of its Rules and Regulations Governing Water Main Extensions.  The Company is directed to file amended tariffs conforming with this Order with the Commission Secretary.
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                  day of November 1998.
                                                                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                           RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
bls/O:uwiw984.sw