The URL can be used to link to this page

Home My WebLink About20070409Reply to Capital Development motion.pdfMOORE SMITH BUXTON & TURCKE, CHARTERED ATTORNEYS AND COUNSELORS AT LAW 950 W. BANNOCK STREET, SUITE 520; BOISE, ID 83702 TELEPHONE: (208) 331-1800 FAX: (208) 331-1202 www.msbtlaw.com STEPHANIEJ. BONNEY SUSAN E. BUXTON PAuLl. FITZER MICHAEL c. MOORE' BRUCE M. SMITH PAULA. TURCKE' CARLl. WITHROE,, TAMMY A. ZOKAN JOHN J. McFADDEN"' Of Counsel )) Also admitted in California + Also admitted in New Mexico * Also admitted in Oregon , Also admitted in South Dakota 'Also admitted in Washington c~::=' April 6, 2007 ,'" - ::':i ~ '"'~ . c , ,i . '~-' Mr. Scott Woodbury Idaho Public Utilities Commission 472 W. Washington Boise, ID 83720 .. -- ~.., c (n,: : . , RE: UWI-07- Our File No. 1019.49 Dear Mr. Woodbury: Enclosed for filing in the above matter please find the original and 3 copies of the City of Eagle Requests for Production to United Water Idaho and Capital Development, Inc, along with the original and 7 copies of the City of Eagle s Reply to Capital Development, Iuc.' s Motion to File Brief on Legal Issues. An additional copy of each document and this letter are included for return to our office. Thank you for your assistance. Sincerely yours MOORE SMITH BUXTON & TURCKE, CHTD. Bruce M. Smith BMSI dls Enclosures Bruce M. Smith, ISB # 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~msbtlaw .com Attorney for City of Eagle, Idaho ' ''~~" 1"',\ L! :~) ~\i ,/.I... , ! :\i J;~;:, 1 ;Sit 'J a ,t.. ~- BEFORE THE IDAHO PUBLIC UTILIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) UNITED WATER IDAHO INC., TO AMEND AND REVISE CERTIFICATE OF CONVENIENCE AND NECESSITY NO 143 Case No. UWI-07- REPL Y TO CAPITAL DEVELOPMENT, INC. MOTION TO FILE BRIEF ON LEGAL ISSUES COMES NOW, the City of Eagle, Idaho, by and through its attorney of record, Bruce M. Smith, and in reply to Capital Development's Motion responds that the City objects to the motion and requests that it be denied, or alternatively, that the scheduled hearing for this matter be adjusted so as not to prejudice the City. At the time the City and other parties agreed to the current schedule, including a hearing date of May 24, 2007 , Capital Development indicated that its only filings would be the previously submitted testimony of Ramon Yorgason. Now, Capital Development seeks to submit briefing on legal issues. The legal issues are not identified, and it is impossible to determine what legal issues Capital Development is referring to, whether they are dispositive, or REPLY TO CAPITAL DEVELOPMENT, INc.'s MOTION TO FILE BRIEF ON LEGAL ISSUES- 1019. are simply additional matters Capital Development wishes to inject into this proceeding. However, the City agreed to the schedule and hearing date for this and the schedule for the Trailhead Community proceeding, both of which are highly expedited, based on the representations of Capital Development and UWI that no further filings would be forthcoming other than rebuttal submissions. To now allow briefing on vague, unidentified legal issues is prejudicial to the City s interests and impairs its ability to prepare for this hearing as well as the hearing on the Kastera LLC Trailhead Community proceeding (Case No. UWI-06-04), which is set for May 30, 2007. If the Commission agrees to accommodate this request and change of position by Capital Development, then the City requests modification of the schedule for this matter such that the City's interests will not be prejudiced. The City is willing to confer with UWI, Capital Development, and Staff regarding modification of the schedule as may be appropriate. RESPECTFULLY SUBMITTED this day of April, 2007. MOORE SMITH BUXTON & TURCKE CHARTERED ,--- By: -.... -./\ ~ M~ Smith 'oj Attorney for City of Eagle, Idaho REPLY TO CAPITAL DEVELOPMENT, INc.'s MOTION TO FILE BRIEF ON LEGAL ISSUES - 2 1019.49 CERTIFICATE OF SERVICE I hereby certify that on this day of April, 2007, the foregoing document was served to the following parties by the method indicated below: Dean J. Miller McDevitt & Miller, LLP 420 W. Bannock Street (83702) PO Box 2564 Boise, ID 83701 i oe~mcdevi tt - miller. com ( ) US. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile ( ) Other Scott Woodbury Deputy Attorney General Idaho Public Utilities Commission 472 West Washington Street (83702) O. Box 83720 Boise, ID 83720-0074 scott. woodburv~puc. idaho. gov ( ) US. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile ( ) Other Robert B. Burns Moffatt, Thomas, Barrett, Rock & Fields, Chtd 101 S. Capitol Blvd., 10th Floor PO Box 829 Boise, ID 83701 rbb~moffatt.com ( ) US. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile ( ) Other ce M. Smith orney for City of Eagle, Idaho REPLY TO CAPITAL DEVELOPMENT, INC.s MOTION TO FILE BRIEF ON LEGAL ISSUES - 3 1019.