HomeMy WebLinkAbout990519_sw.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
DON HOWELL
STEPHANIE MILLER
TONYA CLARK
RON LAW
BOB SMITH
GEORGE FINK
JUDY STOKES
DAVID SCOTT
WORKING FILE
FROM:
DATE: May 19, 1999
RE: CASE NO. UWI-W-99-2 (UNITED WATER/BARBER WATER)
COMMISSION DENIAL OF CAPA INTERVENTION (ORDER NO. 28048)
CAPA PETITION FOR REVIEW
On May 14, 1999, the Commission in Case No. UWI-W-99-2 denied a Petition for Intervention filed by CAPA: Citizens’ Advocates in Public Affairs Inc. In its interlocutory Order No. 28048 the Commission made the following findings:
The Commission finds that CAPA has not articulated any direct and substantial interest in this case, nor has it raised any issues that cannot otherwise be adequately addressed in written comments or in public testimony. The Commission finds on the basis of the filings of record that intervention in these proceedings by CAPA will not serve the purposes of intervention as described by Rules 71-74 of the Commission’s Rules of Procedure.
Also noted in the Commission’s Order was that a hybrid procedure has been adopted in this case, written comments in lieu of a formal technical hearing and an evening hearing for public testimony.
On May 18, 1999, a timely Petition for Review of Commission Order No. 28048 was filed by CAPA (attached). Based on further information provided by CAPA, the nature of which it contends articulates a direct and substantial interest in the case, CAPA requests that the Commission rescind its prior Order No. 28048 and grant CAPA full rights of participation as an intervening party. Reference Rules 71-75 Commission Rules of Procedure; IDAPA 31.01.01.071-075. Should the Commission choose not to rescind Order No. 28048, CAPA requests that the Commission require the Company to answer questions propounded in its filing prior to the June 23, 1999, evening hearing scheduled for public testimony.
Without full party rights of participation CAPA contends that it will be effectively denied the right to fully address the Company’s specific request for Commission approval in this case of future rate base of $170,000, a decision that CAPA contends is of direct and substantial interest to all United Water customers (including members of CAPA).
A failure to grant intervention will further, CAPA contends, deny it the opportunity to engage in party rights of discovery and to thereby obtain information that would enable it to participate in a more informed manner.
Denial of intervention will also, CAPA contends, preclude it from participating in future settlement discussions in this case should any occur.
Commission Decision
How does the Commission wish to treat the Petition for Review filed by CAPA?
vld/M:UWI-W-99-2_sw3.doc
DECISION MEMORANDUM 2