20040902City of Eagle Petition to Intervene.pdf

F:ECEIVEO LtJBruce M. Smith, ISB # 3425 r:" j j, ED
Tammy A. Zokan, ISB # 5450
MOORE SMITH BUXTON & TURCKE, CHARTllliiEtfP -2 Pr'1 3: Attorneys at Law
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225 North 9th Street, Suite 420 '"
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d Til! T IE S COf.li"'i/SSIONBoise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms~msbtlaw.com
taz~ms btlaw .com
Attorneys for Intervenor-applicant, City of Eagle, Idaho
BEFORE THE IDAHO PUBLIC UTILIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF EAGLE WATER
COMP ANY, INC. TO AMEND ITS
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
NO. 278
CITY OF EAGLE'S PETITION TO
INTERVENE
Case No. EAG-O4-
The City of Eagle, Idaho
, ("
City") by and through its attorneys of record, Moore Smith
Buxton & Turcke, Chartered hereby petitions the Public Utilities Commission ("PUC") for
intervention in the above-entitled matter in accordance with PUC Order No. 29560 dated August
2004 and the PUC's Rules of Procedure.
The City of Eagle has a Direct and Substantial Interest in the Proceeding.
The Eagle Water Company s application which is the subject of this proceeding seeks to
expand Eagle Water Company s service area to five (5) parcels in Ada County east of Old
Highway 55/Horseshoe Bend Road and south of the Farmer s Union Canal. Order at p. 1. The
proposed expansion area is outside the City's service area. Therefore, the City has no objection to
Eagle Water Company s application to expand its service area to the five (5) parcels as described
in Order No. 29560.
The City objects to PUC staffs recommendation to expand this case and decide issues
unrelated to Eagle Water Company s application. According to PUC Order No. 29560, PUC
staff recommend that Eagle Water Company and United Water "negotiate further apportionment
of uncertificated areas surrounding (the City of) Eagle.. ,," Order at p. 1. The City has a direct
and substantial interest in the apportionment of uncertificated areas in and around the City of
Eagle. The City owns and operates a municipal water supply system in accordance with Idaho
Law. Idaho Code 9 50-323. Although Order No. 29560 does not specifically identify the areas
for apportionment, there is significant likelihood of substantial overlap in the areas to be served
CITY OF EAGLE'S PETITION TO INTERVENE - Page 1
by the City and the areas deemed "uncertificated" and recommended for apportionment by PUC
staff. Consequently, any apportionment of such areas would injuriously affect the City's interest.
It is not appropriate for the PUC to take action on matters that are not the subject of Eagle
Water Company s application to amend its Certificate of Public Convenience and Necessity.
Eagle Water Company s application does not concern uncertificated areas other than the five (5)
parcels described above. Consequently issues concerning other areas are not ripe for review.
Once the certification of other uncertificated areas around the City is ripe for review before the
PUC, the City must be given an opportunity to participate in any such proceedings due to the
City s direct and substantial interest.
The City's participation in the above-entitled matter will not unduly broaden the issues
raised by PUC staff in the above-entitled matter.
The City of Eagle s Petition is Timely
The City received PUC Order No. 29560 on August 9, 2004. Order No. 29560 imposed a
September 3, 2004 deadline for the filing of a Petition to Intervene. Order at p. 2. The City'
Petition, filed before the September 3, 2004 deadline, is timely. See PUC Rules of Procedure 73.
DATED thise&. day of September, 2004.
MOORE SMITH
CHAR TERED
BUXTON TURCKE
CITY OF EAGLE'S PETITION TO INTERVENE - Page 2
CERTIFICATE ;.SERVICE
I HEREBY CERTIFY THAT I HAVE THISc2 DAY OF SEPTEMBER 2004, SERVED THE
FOREGOING CITY OF EAGLE'S PETITION TO INTERVENE, BY MAILING A COpy
THEREOF , POSTAGE PREP AID, TO THE FOLLOWING:
Mr. Don Howell
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83720-0074
LU.Mail
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- -
Ms. Molly O'Leary
Richardson & O'Leary
O. Box 1849
Eagle, ID 83616
X U.S. Mail
- -
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Mr. Dean J. Miller
McDevitt & Miller LLP
O. Box 2564-83701
Boise , ID 83701
X U.S. Mail
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ey for City of Eagle, Idaho
CITY OF EAGLE'S PETITION TO INTERVENE - Page 3