20050118Answer to Response to Intervention Petitions.pdf

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UTiLITIES COt1HISSION
Scott L. Campbell, ISB No. 2251
101 S. Capitol Blvd., 10th Floor
Post Office Box 829
Boise, Idaho 83701-0829
Telephone [phone]
Facsimile [phone]
Attorney for Scott L. Campbell
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO, INC. FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR WATER SERVICE IN
THE STATE OF IDAHO
Case No. UWI-04-
ANSWER TO RESPONSE TO INTERVENTION
PETITIONS
INTRODUCTION
On December 29, 2004, United Water Idaho, Inc. ("UWI") filed a Response to
Intervention Petitions ("Response ) opposing the Petition to Intervene filed by Scott L.
Campbell. This Answer is filed in reply to UWI's response.
UWl's Response Should Be Ignored Because It Does Not Comply With
IDAP A 31.01.01.075 Rules Of Procedure Of The Idaho Public Utilities
Commission
IDAP A 31.01.01.075 specifies that "(a)ny party opposing a petition to intervene
must do so by motion in opposition filed within seven (7) days after receipt of the petition to
intervene and served upon all parties of record and upon the person petitioning to intervene.
ANSWER TO RESPONSE TO INTERVENTION PETITIONS - 1 BOI MT2:568190.
UWI failed to file such a motion, as required by the rule. Since the rule is mandatory, failure to
comply with its requirements dictates that UWI's Response should be ignored.
II.UWI Attempts To Exclude Intervenor Campbell Without Any Supporting
Authority
UWI contends that Scott Campbell should be denied intervention because his
status as an individual ratepayer does not represent a "direct and substantial" interest, citing
absolutely no legal authority.
Given the high water rates UWI already charges its residential customers, it is
self-evident that Mr. Campbell's interest in a reduction instead of an increase of UWI' s rates is a
substantial" interest. Additionally, his status as a residential customer demonstrates that his
interest in this proceeding is "direct." Furthermore, if successful, his participation will benefit all
residential customers ofUWI.
III.UWl's Rate Increase Application Relates Directly To New Surface Water
Treatment Facilities For Which Mr. Campbell Has Particularized
Knowledge
Mr. Campbell served as counsel for parties who protested UWI's recent
applications for new surface water rights before the Idaho Department of Water Resources to
supply the Columbia Water Treatment Facility. Because of that representation, he has unique
information concerning UWI's water rights assets. Such information will be particularly
relevant in the Commission s determination of "used and useful" in this case.
Additionally, Mr. Campbell has particular information regarding UWI's "need" to
develop additional surface water treatment facilities because of his knowledge ofUWI's other
water rights.
ANSWER TO RESPONSE TO INTERVENTION PETITIONS - 2 BOI MT2:568190.
CONCLUSION
There is basis for excluding Mr. Campbell from this proceeding. Instead, he
can provide a perspective which no other party can. Moreover, UWI failed to comply with the
mandatory requirements of the Commission s rule regarding opposition to intervention. It
should be ignored.
DATED this J.4day of January, 2005.
Scott L. Campbell
CERTIFICATE OF SERVICE
HEREBY CERTIFY that on this ~day of January, 2005, I caused a true
and correct copy of the foregoing ANSWER TO RESPONSE TO INTERVENTION PETITIONS to
served by the method indicated below, and addressed to the following:
Dean J. Miller
McDEVITT & MILLER, LLP
420 West Bannock Street
O. Box 2564
Boise, ID, 83701
Fax: [phone]
~ U.S. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( )
Facsimile
( )
E-mail (8? joe(8?mcdevitt-miller.com
Mark Gennari
UNITED WATER
200 Old Hook Road
Harrington Park, NJ
Fax: [phone]
07640-1738
00 U.S. Mail, Postage Prepaid
( )
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E-mail
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
Fax: [phone]
or) U.S. Mail, Postage Prepaid
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E-mail (8? wstutzm(8?puc.state.id.
ANSWER TO RESPONSE TO INTERVENTION PETITIONS - 3 BOLMT2:568190.
Donovan Walker
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
Fax: [phone]
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E-mail (8? dwalker(8?puc.state.id.
Brad M. Purdy
2019 N. 17 th St.
Boise, ill 83702
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William M. Eddie
Advocates for the West
1320 W. Franklin Street
O. Box 1612
Boise, ill 83701
Fax: [phone]
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Bill Sedivy
Idaho Rivers United
O. Box 633
Boise, ill 83701
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Sharon Ullman
9627 W. Desert Avenue
Boise, ill 83709
Tel: [phone]
Fax: [phone] (must call first)
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Chuck Mickelson
Boise City Public Works
150 N. Capitol Boulevard
O. Box 500
Boise, ill 83701
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ANSWER TO RESPONSE TO INTERVENTION PETITIONS - 4 BOI MT2:568190.
Douglas K. Strickling
Boise City Attorney s Office
150 N. Capitol Blvd.
O. Box 500
Boise, ID 83701-0500
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~~
ott L. Campbell
ANSWER TO RESPONSE TO INTERVENTION PETITIONS - 5 BOI MT2:568190.