Loading...
HomeMy WebLinkAbout20241008Decision Memo.pdf DECISION MEMORANDUM TO: COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: TRAVIS CULBERTSON—COMMISSION STAFF ADAM TRIPLETT—DEPUTY ATTORNEY GENERAL DATE: OCTOBER 8, 2024 SUBJECT: IN THE MATTER OF SYRINGA WATER COMPANY INC.'S APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; CASE NO. SWI-W-24-01. On March 28, 2024, Syringa Water Company Inc. ("Company") applied for a Certificate of Public Convenience and Necessity ("CPCN"), to provide water service near Coeur d'Alene, Idaho. On June 6, 2024, Idaho Public Utilities Commission ("Commission") established a June 20, 2024, as the public comment deadline and July 3, 2024, as the Company reply deadline. Staff submitted comments and three members of the public filed comments. On August 14,2024, Commission issued Order No. 36290, granting the Company a CPCN to operate as a water utility within the State of Idaho; furthering ordering the Company to (1) file updated and complete information about its water rights, (2)provide a full legal description of all parcels connected to the Company's water system, (3) submit a Tariff, a Billing Statement, an initial disconnection notice, a final disconnection notice, a notice of procedure for reconnection, and a summary of rules. On August 26, 2024, the Company emailed Staff the remaining legal description for the missing parcels connected to the Company's water system. Company and Staff worked together to put together a full and complete legal description. The CPCN should include each parcel identified in Attachment 1 of this decision memorandum. On August 27, 2024, the Company submitted its updated and complete water right information. DECISION MEMORANDUM 1 OCTOBER 8, 2024 On September 25, 2024, Company submitted the required documents, including: (1) a Tariff, (2) a billing statement; (3) an initial disconnection notice; (4) a final disconnection notice; (5) a notice of procedure for reconnection; and (6) a summary of rules. Staff reviewed the Company's documents, including its Tariff, and confirmed they conform to Order No. 36290. STAFF RECOMMENDATION Staff recommends the Commission approve the Tariff submitted by the Company on September 25,2024, as filed,with an effective date of August 14, 2024, consistent with Order No. 36290. Additionally, Staff recommends the Commission accept the legal description attached to the decision memorandum as its CPCN territory. COMMISSION DECISION Does the Commission wish to approve full legal description, the water right, documents, including a Tariff, submitted by the Company, as filed, with an effective date of August 14, 2024, consistent with Order No. 36290? Travis Culbertson Auditor 3 1:\Uti1ity\UDMEM0S\SWIW2401 tc docx DECISION MEMORANDUM 2 OCTOBER 8, 2024 Attachment 1 LEGAL DESCRIPTION Lots 1, 2, 3, and 4 of Block 1 of the Plat of Camas Hill Estates, recorded in Book L of Plats, Page 522, records of Kootenai County, Idaho. TOGETHER WITH Lots 1 of Block 1 of the Plat of Hammond's Corner, recorded in Book K of Plats, Page 438, records of Kootenai County, Idaho. TOGETHER WITH Lots 1, 2, 3, 4, 5, 6, and 7 of Block 1 of the Plat of Syringa Grove, recorded in Book K of Plats, Page 264, records of Kootenai County, Idaho. TOGETHER WITH Lots 1 and 2 of Block 1 of the Plat of Syringa Heights Point,recorded in Book L of Plats, Page 489A, records of Kootenai County, Idaho. TOGETHER WITH Lots 1, 2, 3, and 4 of Block 1 of the Plat of Syringa Heights, recorded in Book G of Plats, Page 66, records of Kootenai County, Idaho. TOGETHER WITH Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Block 1 of the Plat of Syringa Heights First Addition, recorded in Book G of Plats, Page 168, records of Kootenai County, Idaho. TOGETHER WITH Lots 1, 2, 3, 4, 5, 6, and 7 of Block 1 and Lot 1 of Block 2 of the Plat of Syringa Heights Second Addition, recorded in Book I of Plats, Page 153, records of Kootenai County, Idaho. TOGETHER WITH Lots 1, 2, 3, and 4 of Block 1 of the Plat of Syringa Heights Third Addition, recorded in Book I of Plats, Page 368, records of Kootenai County, Idaho. TOGETHER WITH Lots 1, 2, 3, and 4 of Block 1 of the Plat of Syringa Heights Fourth Addition, recorded in Book I of Plats, Page 369, records of Kootenai County, Idaho. TOGETHER WITH Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Block 1 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Block 2 of the Plat of Syringa Heights Fifth Addition, recorded in Book J of Plats, Page 177, records of Kootenai County, Idaho. Attachment 1-Legal Description October 8, 2024, Decision Memorandum Case No. SWI-W-24-01 TOGETHER WITH Lots 1, 2, and 3 of Block 1 and Lots 1, 2, and 3 of Block 2 of the Plat of Syringa Heights Sixth Addition, recorded in Book K of Plats, Page 296, records of Kootenai County, Idaho. TOGETHER WITH Lots 1, 2, 3, and 4 of Block 1 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Block 2 of the Plat of Syringa Heights Seventh Addition, recorded in Book K of Plats, Page 297, records of Kootenai County, Idaho. TOGETHER WITH Lots 1 of Block 1 of the Plat of Syringa Heights Eight Addition, recorded in Book L of Plats, Page 17, records of Kootenai County, Idaho. TOGETHER WITH Lots 1, 2, and 3 of Block 1 of the Plat of Syringa Heights Ninth Addition, recorded in Book L of Plats, Page 243, records of Kootenai County, Idaho. TOGETHER WITH A tract of land being a portion of Lot 1, Block 1, Syringa Heights Fifth Addition as recorded in Book"J" of Plats at Page 177 in Section 29 and a portion of that certain tract described in Instrument Number 1288608 located in the Northwest 1/4 of Section 28. Township 50 North, Range 3 West. Boise Meridian, Kootenai County, Idaho and being described as follows: BEGINNING at a found drill steel and zinc cap marking the Quarter comer between Section 28 and 29; THENCE,North 89' 39' 02"West, a distance of 219.90 feet to a set iron rod and PLS 4194 cap; THENCE,North 00' 35' 53"East; a distance of 634.47 feet to a set iron rod and PLS 4194 cap on the centerline of an existing 20-foot sanitary sewer easement as recorded in Instrument Number 1368707; THENCE. along said easement centerline, along the arc of a curve right, concave to the southwest, having a radius of 520.00 feet, through a central angle of 27' 11' 49", a arc distance of 246.83 feet, whose chord bears S. 63' 28' 08"E., 244.52 feet to a set iron rod and PLS 4194 cap; THENCE, leaving said easement, S. 75' 00' 00" East, a distance of 648.86 feet to a set iron rod and PLS 4194 cap; THENCE, South 03' 43' 08"East, a distance of 364.41 feet to a set iron rod and PLS 4194 cap on the south line of the Northwest 1/4 of Section 28; THENCE, along the south line of the Northwest 1/4 of Section 28, North 89' 33' 39"West. a distance of 655.90 feet to the POINT OF BEGINNING Attachment 1—Legal Description October 8, 2024, Decision Memorandum Case No. SWI-W-24-01 TOGETHER WITH A tract of land being a portion of lot 1. Block I, Syringa Heights Fifth Addition es recorded in Book"J" of Plats at Page 177 in Section 29 and a portion of that certain tract described in Instrument Number 1288608 located in the Northwest 1/4 of Section 28. Township 50 North Range 3 West, Boise Meridian. Kootenai County, Idaho and being described as follows: COMMENCING at a found drill steel and zinc cap marking the Quarter comer between Sections 28 and 29; THENCE, along the common line between Sections 28 and 29,North 00' 35' 53" East, a distance of 526.58 feet to a set iron rod and PLS 4194 cap marking the intersection with the centerline of a 20-foot wide sanitary sewer easement as recorded in Instrument Number 1368707 for the POINT OF BEGINNING; THENCE, along the centerline of said existing 20-foot sanitary sewer easement the following two (2) courses: 1. Along the arc of a curve left concave to the southwest. having I radius of 520.00 feet. through a conatal angle of 35' 09' 49", an arc distance of 319.73 feet, whose chord bears N. 670 27' 07"W., 314.15 feet to a set iron rod and PLS 4194 cap; thence 2. Along the arc of a curve right, concave to the northeast, having a radius of 554.87 feet, through a central angle of 18' 02' 41". an arc distance of 174. 75 feet whose chord bears N. 750 58' 03"W., 174.03 feet to a set iron rod and PLS 4194 cap; THENCE, leaving said easement,North 22' 40' 24" East, a distance of 478.50 feet to a set iron rod and PLS 4194 cap on the southerly right-of-way line of Interstate Highway 90; THENCE. along said southerly right-of-way line of Interstate Highway 90 the following five (5) courses: 1. South 79' 23' 40"East. a distance of 99.76 feet to a found brass cap in concrete; thence 2. South 790 11' 26"East. a distance of 185.63 feet to a found brass cap in concrete; thence 3. South 55' 13' 01"East, a distance of 732.58 feet to a set iron rod and PLS 4194 cap; thence 4. South 80' 38' 00"East, a distance of 572.69 feet to a found brass cap in concrete; thence 5. South 40' 18' 32"East, a distance of 279.05 feet to a found brass cap in concrete; THENCE, leaving said highway right-of-way line,North 89' 36' 27"West, a distance of 726.39 feet io a set iron rod and PLS 4194 cap; THENCE,North 75' 00' 00"West, a distance of 648.86 feet to the POINT OF BEGINNING. Attachment 1—Legal Description October 8, 2024, Decision Memorandum Case No. SWI-W-24-01 TOGETHER WITH A tract of land being a portion of Lot 1, Block 1 Syringa Heights Fifth Addition as recorded in Book"J" of Plats at Page 177 in Section 29, Township 50 North, Range 3 West, Boise Meridian, Kootenai County, Idaho and being described as follows: COMMENCING at a found drill steel and zinc cap marking the East '/4 corner of Section 29; THENCE. along a portion of the east boundary of Lot 1, Block 1, Syringa Heights Fifth Addition,North 89° 39' 02"West, a distance: of 219.90 feet to a set iron road and PLS 4194 cap for the POINT OF BEGINNING; THENCE, continuing along a portion of the east boundary of Lot 1, Block 1, Syringa Heights Fifth Addition,North 89° 39' 02"West, a distance of 330.00 feet to a found iron rod and PLS 7875 cap; THENCE, leaving said east boundary,North 10° 32' 00"West, a distance of 550.00 feet to a set iron rod and PLS 4194 cap; THENCE,North 21° 22' 59"East. a distance of 317.64 feet to set iron rod and PLS 4194 cap on the centerline of a 20-foot wide sanitary sewer easement as recorded in Instrument Number 1368707; THENCE, along said easement centerline, South 28° 18' 36"East, a distance of 171.11 feet to a set iron rod and PLS 4194 cap; THENCE, continuing along said easement centerline, along the arc of a curve left, concave to the northeast, having a radius of 554.87 feet, through a central angle of 18° 02' 41", an arc distance of 174.75 feet, whose chord bears S. 75° 58' 03" E., 174.03 feet to a set iron rod and PLS 4194 cap; THENCE, along the arc of a curve left, concave to the southwest, having a radius of 520.00 feet, through a central angle of 07° 58' 00", an arc distance of 72.30 feet,whose chord bears S. 81° 03' 02"E., 72.24 feet to a set iron rod and PLS 4194 cap; THENCE, leaving said easement. South 00° 35' 13"West, a distance of 634.47 feet to the POINT OF BEGINNING. Attachment 1—Legal Description October 8, 2024, Decision Memorandum Case No. SWI-W-24-01 TOGETHER WITH 1863 S. Regatta Way, Tx. # 7305, Tx#20352, Sec 29, T50 R 3 W. TOGETHER WITH 1395 S. Hillcrest Dr, Tx# 1258, Tx# 18874 in gov lot 2 Sec 29, T50, R3W. TOGETHER WITH 1423 S. Hillcrest Dr, Tx#4354 ex RW Sec 29, T50, R3W. TOGETHER WITH 1897 S. Silver Beach Rd, Silver Beach Park 1st.Add. Tx#5324. Sec 29 T50, R3W. TOGETHER WITH 1873 S. Silver Beach Rd, Silver Beach Park 1st.Add Tx# 5323, Sec 29,T50, R3W. TOGETHER WITH 2534 S. Silver Beach Rd, Tx#25613 (GL2) Sec 29, T50, R3W. TOGETHER WITH 2641 S. Silver Beach Rd, Silver Beach Park Lots 40 & 41,ptn Vac Rd. Sec 29 T50, R3W. TOGETHER WITH 2617 S. Silver Beach Rd, Silver Beach park. S1/21t 37, and lots 38 and 39 and pt vac rd. 29, 50 N. 3 W. TOGETHER WITH 2508 S. Silver Beach Rd, Silver Beach Park, El10 ft Its 31&32 ex Tx#25757,pt vac Rd. Sec 29, T 50, R3W. TOGETHER WITH 2551 S. Silver Beach Rd, Silver Beach Park lots 35 & 36,N 1/2 It 37 & pt Vac Rd. Sec 29, T50 , R3W. TOGETHER WITH 1578 S. Hillcrest Dr, Tx#24994 (in S1/2 SW 1/4) Sec 20, T50, R3W. TOGETHER WITH 2006 S. Silver Beach Rd,undeveloped lot, Tx#24995 in (52-SW) 20, 50 N., 3W. TOGETHER WITH 1426 S. Hillcrest Dr, Tx#4354 (in S 1/2, SW 1/4) Sec 20 T50, R3W. TOGETHER WITH 2478 S. Silver Beach Rd, El10 ft. Lt 30 &part Vac Rd. Sec 29, T50, R3W. TOGETHER WITH 2499 S. Silver Beach Rd, Silver Beach Park, Tx#25758 (Its 32 & 33) Sec 29, T50, R3W, TOGETHER WITH 2519 S Silver Beach Rd, Silver Beach Park, Tx#25759 (Its 33 & 34) Sec 29, T50, R3W. Attachment 1-Legal Description October 8, 2024, Decision Memorandum Case No.SWI-W-24-01 TOGETHER WITH 1657 S. Regatta way, Tx#21985 (in Lot 1) sec 29. T50, R3W. TOGETHER WITH Vac land SE '/4 lying W. and S. of Mullan Trail Rd. and East of 1-90. RW., 20, 50 N. 3W. TOGETHER WITH Vac land NE 1/4 lying N. of 1-90 RW, and west of Mullan Trail Rd RW., 29, 50 N. 3W. Attachment 1—Legal Description October 8, 2024, Decision Memorandum Case No. SWI-W-24-01