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HomeMy WebLinkAbout20060124_1443.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER CO MMISSI 0 NER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY LEGAL WORKING FILE FROM:WAYNE HART DATE:JANUARY 19, 2006 RE:UNITED WATER OF IDAHO TARIFF ADVICE REVISING RULE 75 On January 5 2006, United Water ofldaho submitted a tariff advice revising Rule 75 which specifies the formula for developer refunds with respect to special facilities. The tariff advice includes changes to this formula. The Company indicated the purpose of the changes is to clarify and update the formula. Staff has compared the formula in the existing tariff with the proposed formula and finds it would result in decreases to the refunds that developers would receive as homeowners move into the subdivision. The typical refund would be reduced by slightly more than 25%. Staff is concerned that this reduction in the amount of refund is more than the "minor" tariff change required by Rule 134 of the Commission s Rules of Procedure. Therefore, Staff recommends the Commission issue notice of the filing and seek public comments on this proposed change. However, Staff does agree that this tariff change would have a limited community of interest, and that it could reasonably be processed by modified procedure. The Company has requested expedited handling as it has developers awaiting resolution of this issue. In order to accommodate the Commission s current decision meeting calendar for February, a 10-day comment period would be required in order for the Commission to consider this matter at the February 6th Decision Meeting. The only other Decision Meeting in February is currently scheduled for February 2ih, which would accommodate the normal 21-day comment period. Staff does not oppose a comment period of 10 days for this issue. DECISION MEMORANDUM - 1 -JANUARY 19 2006 STAFF RECOMMENDATION Staff recommends the Commission suspend this tariff advice for a period of 30 days and process this application under Modified Procedure with a comment period of 10 days. COMMISSION DECISION Does the Commission wish to suspend this Tariff Advice for a period of 30 days and issue a Notice of Modified Procedure? WH:udmemos/UWI tariff advice rule 75 DECISION MEMORANDUM - 2 -JANUARY 19 2006