28120.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE EMERGENCY JOINT PETITION OF UNITED WATER IDAHO INC. AND BARBER WATER CORPORATION FOR AN ORDER PERMITTING UNITED WATER IDAHO INC. TO OPERATE THE BARBER WATER CORPORATION DOMESTIC WATER SYSTEM. )
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CASE NO. UWI-W-99-3

ORDER NO. 28120

On August 5, 1999, United Water Idaho Inc. (United Water) and Barber Water Corporation (Barber Water) filed an emergency joint petition with the Idaho Public Utilities Commission (Commission) seeking an immediate Commission Order authorizing the operation of the Barber Water domestic water system by United Water. Reference IDAPA 31.01.01.053.
United Water provides water service to about 60,000 customers within Ada and Canyon Counties. Barber Water provides service to approximately 240 residential customers within the Golden Dawn and Barberton mobile home park subdivisions in Ada County, as well as to the nearby Idaho Shakespeare festival site.
The Petitioners represent that they have reached an oral agreement in principle on a new purchase and sale agreement, which when reduced to writing will be presented to the Commission for approval. (The previous application of the parties for approval of a purchase/sale agreement was withdrawn—Reference Case No. UWI-W-99-2, ON 28076.) In the interim, it is represented that Mr. David Triplett, the operational manager of Barber Water, has become unexpectedly ill, has been hospitalized for emergency surgery, and may be unable to function as the operational manager for some period of time.
As represented in the petition and subsequently filed affidavit, Barber Water has requested that United Water assume immediate operation of the Barber Water domestic water system [under Barber Water tariffs, rates and charges]. In anticipation of the pending purchase, and to ensure that safe and reliable service is provided to Barber Water customers pending the sale, United Water states that it is willing to do so. For its management and operation services, the utilities agree that United Water will be entitled to Barber Water revenues received after the date United Water commences operations of the Barber Water system.

COMMISSION FINDINGS
The Commission has reviewed and considered the filings of record in Case No. UWI-W-99-3 including the subsequently filed affidavit of Ann Triplett and related correspondence. The management/operation agreement submitted for Commission approval in this case is oral, not written. The Commission is apprised that United Water has no intention, without Commission authorization, to make any capital improvements or related expenditures in the Barber Water system. The Commission, based on the developed record, finds it reasonable to approve the proposed management/operation agreement between Barber Water and United Water. We further find that Mr. Triplett’s medical condition constitutes exigent circumstances that justify granting the petition without further procedure or additional notice. Should the proposed arrangement exceed 60 days in duration, United Water and Barber Water are directed to work with Commission Staff to develop an appropriate accounting protocol.
The Commission is unaware of the proposed terms of any sale and expresses no position regarding same. In approving the proposed management arrangement, we specifically note that the proposed sale of Barber Water to United Water will be subject to the usual process for considering such transactions. All interested parties and customers will have an opportunity to comment when the application is received.

CONCLUSIONS OF LAW
The Idaho Public Utilities Commission has jurisdiction over United Water Idaho Inc. and Barber Water Corporation, water utilities, and the petition in Case No. UWI-W-99-3 pursuant to the authority and power granted under Title 61 of the Idaho Code and the Commission’s Rules of Procedure, IDAPA 31.01.01000 et seq.

O R D E R
In consideration of the foregoing and as more particularly described and qualified above, IT IS HEREBY ORDERED and the Commission does hereby grant the submitted petition and approves the proposed operation and management of the Barber Water domestic water system by United Water Idaho Inc. under present Barber Water tariffs, rates and charges for effective date August 9, 1999.
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 August 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:UWI-W-99-3_sw

ORDER NO. 28120 1

Office of the Secretary
Service Date
August 11, 1999