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DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN JEAN JEWELL RON LAW LOUANN WESTERFIELD TONYA CLARK DON HOWELL DAVE SCHUNKE RANDY LOBB LYNN ANDERSON GENE FADNESS WORKING FILE FROM: SCOTT WOODBURY DATE: MAY 2, 2002 RE: CASE NO. UWI-W-02-2 (United Water) APPLICATION TO AMEND CERTIFICATE LOCKWOOD SUBDIVISION (Eagle Area) On April 29, 2002, United Water Idaho Inc. (United Water; Company) filed an Application with the Idaho Public Utilities Commission (Commission) requesting authority to amend and revise its Certificate of Public Convenience and Necessity No. 143, as amended, by enlarging and extending the boundary thereof in which it is authorized to provide domestic water service. The area proposed to be served by the Company is known as the Lockwood Subdivision (Lockwood) located in the Eagle area of Ada County, Idaho. As represented by the Company, the developers of Lockwood have applied to United Water for service pursuant to the Company's rules and regulations governing water main extensions. Lockwood is located in an uncertificated "buffer zone" as described in Commission Order No. 26525. As recounted in the Company's Application, in prior Case Nos. EUW-W-94-01 and EAG-W-95-01, the Commission allocated service territories between United Water and Eagle Water Company and left some areas uncertified to serve as "buffer zones." In defining these "buffer zones" the Commission stated: Neither utility is permitted to extend facilities into the uncertificated areas without prior Application to and authorization from this Commission. Installation of facilities into such areas without prior certification and approval will be viewed as a violation of this Order subjecting the utility to the imposition of statutory penalties. Order No. 26525, p. 13. The Lockwood Subdivision lies in the following designated "buffer zone": The uncertificated area South of Floating Feather Road and East of Ballantine Lane and extended and generally described as the East Quarter of Section 7, Township 4 North, Range 1 East, Boise-Meridian. The Company's Application is submitted in compliance with the requirements of Order No. 26525. United Water contends that service to Lockwood would be provided through the Company's 12 inch main line which is adjacent to Floating Feather Road. The Company states that it has an adequate source of supply to provide service to the residents of Lockwood and is capable of providing service in a safe and reliable manner. The Company submits that the extension of facilities to serve Lockwood is consistent with the public convenience and necessity. United Water has served a copy of its Application upon Eagle Water Company by regular mail. Commission Decision Staff recommends that the Company's Application be processed pursuant to Modified Procedure, i.e., by written submission rather than by hearing. Reference Commission Rules of Procedure, IDAPA 31.01.01.201-204. Does the Commission find Staff's proposed procedure acceptable? If not, how does the Commission wish to process the Company's Application? Scott Woodbury vld/M:UWIW0202_sw