20060908Petition to intervene.pdf

RECEIVED
200& SEP -8 PH 4: 41
Bruce M. Smith, ISB No. 3425
MOORE SMITH BUXTON & TURCKE, CHARTERED
950 W. Bannock Street, Suite 520
Boise, ID 83702
Telephone No.: [phone]
Facsimile No: [phone]
bms~msbt1aw .com
Attorneys for Intervenor
City of Eagle Kastera PUC
IDAHO PUBLIC
UTILITIES COMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF UNITED WATER
INc., TO AMEND AND REVISE
CERTIFICATE OF CONVENIENCE AND
NECESSITY NO. 143
Case No. UWI- W-06-
CITY OF EAGLE'S MOTION
TO INTERVENE
The City of Eagle moves for leave to intervene pursuant to IDAPA 31.01.01.072
in order to protect its interest. More specifically, the application filed by United Water
Idaho seeks to add an area of service that is being annexed into the City of Eagle.
Pursuant to City of Eagle ordinance, service to this area will be provided by the City, not
United Water. United Water s application for amendment of its Certificate of
Convenience and Necessity No. 143 is improper and the application should be denied.
Also see the letter of protest previously filed by the City of Eagle (attached).
CITY OF EAGLE'S MOTION TO INTERVENE -
Dated this day of , 2006 MOORE SMITH BUXTON & TURCKE
CHARTERED
CE M. SMITH
Attorney for Intervenor, City of Eagle
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS DAY OF , 2006, SERVED THE
FOREGOING RESPONSE TO THE CITY OF EAGLE'S MOTION TO INTERVENE IN
CASE NO. UWI-06-, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
Dean J. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
~)
u.S. Mail, Postage Prepaid
( )
Hand Delivered
( ) Overnight Mail
( ) Facsimile
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
~ ( ) U.S. Mail, Postage Prepaid
~ ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
~(
) u.S. Mail, Postage Prepaid
~) Hand Delivered
( ) Overnight Mail
( )
Facsimile
Bruce M. Smith
Attorney for Intervenor - City of Eagle, Idaho
AMERICAN CRYSTAL SUGAR COMPANY'S MOTION TO INTERVENE AS A DEFENDANT - 2
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
225 NORTH 9TH STREET, SUITE 420
BOISE, ID 83702
TELEPHONE: [phone] FAX: [phone] tOfr
STEPHANIEJ. BONNEY
SUSAN E. BUXTON.
MICHAEL C. MOORE~
BRUCE M. SMITH
PAULA. TURCKE'
CHRISTOPHER E. YORGASON
TAMMY A. ZOKAN
JOHN J. McFADDEN"t
of Counsel
. Also admitted in Oregon
~AIso admitted in Washington0 Also admitted in South Dakota
+ Also admitted in New Mexico
May 10, 2006
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83720
Re: Case No. UWI-06-
Dear Commissioners:
On April 26 2006, United Water Idaho Inc. filed an Application with the Idaho Public
Utilities Commission (Commission) seeking to amend and revise its Certificate of PublicConvenience and Necessity No. 143 , as amended. The referenced Application seeks to add anarea known as the Trailhead Community to UWI's service territory. UWI stated at paragraph VI.that "There are no known public entities, persons or corporations with whom the expansion is
likely to compete.This is incorrect. The defined area of expansion includes an area and a
development that will be served by the City of Eagle municipal system. The developer, KasteraHomes, has already contacted the City of Eagle regarding annexation into the City, and the City
is taking steps to accommodate the developer s request. (See attached copy of letter from Kastera
Homes.) Under existing City ordinances the development will be served by the City. Therefore
the City objects to extension of the UWI certificate to this area.
Sincerely,
MOORE SMITH BUXTON & TURCKE
CHARTERED
BMS:jj
Enclosure
cc: client
Joe Miller, Esq.
Scott Woodbury CC~fPY