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Home My WebLink About20070511Petition to intervene.pdfORIGINAL Bruce M. Smith, ISB J'f 3425 Susan E. Buxton, ISB # 4041 MOORE SMITH BUXTON & TURCKE, CHARTERED Attorneys at Law 950 West Bannock Street, Suite 520 Boise, Idaho 83702 Telephone: (208) 331-1800 Facsimile: (208) 331-1202 bms~msbt1aw.com seb~msbtlaw.com (:, t:: i . ,'."" )'0'. I, I, \" , ' i i I i .:,;i ; :: ~ I_L.., I I Attorney for City of Eagle, Idaho BEFORE THE IDAHO PUBLIC UTILIES COMMISSION IN THE MATTER OF THE APPLICATION OF UNITED WATER IDAHO INC., FOR AUTHORITY TO AMEND AND REVISE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NO. 143 AND FOR APPROV AL OF A SPECIAL FACILITIES AGREEMENT WITH A VIMOR LLC Case No. UWI-07- CITY OF EAGLE'S PETITION TO INTERVENE COMES NOW, the City of Eagle, Idaho, by and through its attorneys of record, Moore Smith Buxton & Turcke, Chartered, hereby petition the Public Utilities Commission ("PUC") for intervention in the above-entitled matter as a party pursuant to Rules 71 through 75 of the PUC Rules of Practice and Procedure, IDAPA 31.01.01.071-075. The grounds for this petition are stgted as follows: (1) The name and address of this Intervenor is: City of Eagle 660 E. Civic Ln PO Box 1520 Eagle, Idaho 83616 CITY OF EAGLE'S PETITION TO INTERVENE - 1 This Intervenor will be represented by: Bruce M. Smith Susan E. Buxton Moore Smith Buxton & Turcke, Chartered 950 West Bannock Street, Suite 520 Boise, Idaho 83702 Phone: 208-331-1800 Fax: 208-331-1202 Email: bms~msbt1aw.com seb~msbtlaw.com (2) A vimor LLC has filed an application for a Comprehensive Plan Map Amendment to establish a Designation of Foothills Cluster and Foothills Conservation, with the City of Eagle. Such application is scheduled for public hearing before the Eagle Planning and Zoning Commission on Monday, May 14 2007. That application before the City of Eagle is referred to as CP A-I 0-06. A true and correct copy of the Staff Report for CP A-I 0-06 is attached to Affidavit of Susan E. Buxton filed contemporaneously herewith. A vimor LLC's application indicates its intent to annex into the territorial limits of the City of Eagle and comply with the City of Eagle s ordinance requiring that development within the City connect to the City water system. A vimor LLC's request to the City included a map showing the City's water service area. See Exhibit A attached to the Affidavit of Susan E. Buxton, filed contemporaneously herewith. A vimor LLC has agree to said map as part of their application to the City of Eagle. Id. The City of Eagle filed its comments to UWI's case on March 19 , 2007 indicating the City's concern with the Special Facilities Agreement and the extension ofUWI's certificaticated area. UWI has filed its objection to said comments on April 20, 2007. The City of Eagle will be prejudiced by any grant of UWI's certificated area CITY OF EAGLE'S PETITION TO INTERVENE - 2 encompassing the area identified as the "Avimor Sub-Area" included in the CPA-I0- 06 Staff report and attached map, Exhibit A to Affidavit of Susan E. Buxton. Further such grant by the PUC would materially change Avimor LLC's application before the City ifUWI's certificated area is expanded west of the area identified in the map. Id. UWI is not prejudiced or delayed by Eagle s intervention and participation in this proceeding as they have already filed their objection to Eagle s comments. addition to the City's comments already filed, the City is concerned about expansion of UWI's certificated area west of the area on the map attached to the Eagle Staff report because A vimor LLC and Eagle have agreed that said area, once annexed to the City, will be served by a municipally-owned water system. (3) The City of Eagle has a direct and substantial interest in this proceeding and intends to participate in all respects as a party may be required to undertake. The City' participation will not unduly delay, or broaden the issues in this proceeding. (4) Without the ability to intervene, the City would be without and effective manner or means of participating in the lawful determination of issues raised in this case particularly those raised by the Commission Staff Comments regarding the geographical extent ofUWI's certificated area to the west of the core project. WHEREFORE, the City of Eagle requests the Commission grant this Petition to Intervene in these proceedings and to appear and participate in all matters as may be necessary and appropriate, present evidence, file witness testimony, call and examine witnesses, cross-examine witnesses, present argument and otherwise participate as a party in this matter. CITY OF EAGLE'S PETITION TO INTERVENE - 3 fh.-RESPECTFULLY SUBMITTED this JL day of May, 2007. MOORE SMITH BUXTON & TURCKE HARTE ----=- BY: Bruce M. Smith Susan E. Buxton Attorney for City of Eagle, Idaho CITY OF EAGLE'S PETITION TO INTERVENE - 4 CERTIFICATE OF SERVICE I hereby certify that on the -.1LofMay 2007, I caused to be served, via hand delivery, true and correct copies of the foregoing document, to the following: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, ID 83720-0074 jj ewell(illpuc.state. id. us Weldon Stutzman Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington Boise, ID 83702 weldon. stutzman~puc. idaho. gov John R. Hammond Jr. Batt & Fisher O. Box 1308 Boise, ID 83701 jrh(illbattfisher.com Dean J. Miller, Esq. McDevitt & Miller LLP 420 W. Bannock Street PO Box 2564 Boise, ID 83701 joe(illmcdebitt-miller .com Susan E. Buxton Attorney for City of Eagle CITY OF EAGLE'S PETITION TO INTERVENE - 5