20070104Stipulation.pdf

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McDevitt & M~ ~Ep'j ED
Lawyers
Q(\l J~.N -Pr1 2: 45
420 West Bann~cli Street
O. Box 2564-831~J.G.V;.~s\nlBoise, Idahou~y"q~\~~) t :Ui.\lu -Chas. F. McDevitt
Dean J. (Joe) Miller
January 4 2007
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, Idaho 83702
Re: Case No. GNR-O4-
Dear Ms. Jewell:
Enclosed for filing in the above matter, please find the original and seven copies of a Stipulation
between United Water and the City of Eagle, and a Motion to Approve Stipulation.
An additional copy of each of the documents and this letter is included for return to me with your
file stamp thereon.
Thank you for your assistance. Please do not hesitate to contact me if you have any questions.
Very truly yours
&~Mill LLP
Dean J. Miller
DJM/hh
Enclosures
Dean J. Miller (ISB No. 1968)
MCDEVITT & MILLER LLP
420 West Bannock Street
O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
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ioe(ti),mcdevitt- miller .com
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ORIGINAL
2001 JM, -P!; 2: 45
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Attorneys for United Water Idaho Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ALLOCATING THE
UNCERTIFIED WATER SERVICE
TERRITORY IN THE VICINITY OF
EAGLE, IDAHO
Case No. GNR-O4-
STIPULATION BETWEEN UNITED
WATER IDAHO INC., AND EAGLE
WATER COMPANY
COME NOW United Water Idaho Inc.
, ("
United Water ) and Eagle Water Company
Eagle Water ), (collectively, the "Parties ) by and through their respective counsel of record
and stipulate and agree as follows, to wit:
RECIT ALS
The above entitled matter was opened by the Commission in November of 2004
to investigate allocation of certain un-certificated service territory in an area east of Eagle
Water s current certificate boundary and west of United Water s current certificate boundary.
Pursuant to the Commission s Notice of Workshop the Parties participated in an
informal workshop discussion on November 19, 2004. At that time, the Parties were unable to
reach an agreement for division of the un-certificated service territory.
The Parties and the Commission Staff have recently received inquiries from
potential customers as to which utility is entitled to serve at certain locations within the un-
certificated territory.
STIPULATION-
Recognizing the desirability of responding to these inquires, Mr. Gregory P.
Wyatt of United Water and Mr. Robert V. DeShazo, Jr. of Eagle Water met with each other on
December 14, 2006, and reached an agreement for division of the un-certificated territory.
Attached as Exhibit A, is a map depicting the proposed division of the un-
certificated territory. The line of division between Eagle Water and United Water is shown in
red on Exhibit A.
The proposed division results in an approximately equal division of the un-
certificated area. In consequence, potential customers within the area will be able to obtain
service from the utility closest to their location, thus minimizing line extension charges for those
potential customers.
STIPULATION
Based on the foregoing, United Water and Eagle Water stipulate and agree that
the proposed division of the un-certificated area depicted on Exhibit A, is in the public interest.
United Water and Eagle Water stipulate and agree that the Commission may enter
its order approving the proposed division.
Upon entry of such Order, United Water and Eagle Water will file for review and
approval amendments to their respective certificates of public convenience and necessity.
10.The Parties shall support this Stipulation before the Commission, and no Party
shall appeal a Commission Order approving the Stipulation or an issue resolved by the
Stipulation. If this Stipulation is challenged by any person not a party to the Stipulation, the
Parties to this Stipulation reserve the right to file testimony, cross-examine witnesses and put on
such case as they deem appropriate to respond fully to the issues presented, including the right to
raise issues that are incorporated in the settlements embodied in this Stipulation.
STiPULA TlON-
Notwithstanding this reservation of rights, the Parties to this Stipulation agree that they
will continue to support the Commission s adoption of the terms of this Stipulation.
If the Commission rejects any part or all of this Stipulation, or imposes any
additional material conditions on approval of this Stipulation, each Party reserves the right, upon
written notice to the Commission and the other Parties to this proceeding, within 7 days of the
date of such action by the Commission, to withdraw from this Stipulation, and each Party shall
be entitled to seek reconsideration of the Commission s Order, file testimony as it chooses
cross-examine witnesses, and do all other things necessary to put on such case as it deems
appropriate. In such case, the Parties immediately will request the prompt reconvening of a pre-
hearing conference for purposes of establishing a procedural schedule for the completion of the
case. The Parties agree to cooperate in development of a schedule that concludes the proceeding
on the earliest possible date, taking into account the needs of the Parties in participating in
hearings and preparing briefs.
Respectfully submitted this '-I ~ay of January, 2007.
McDEVITT & MILLER LLP RICHARDSON & O'LEARY, PLLC
Attorneysfor United Water Idaho Inc.
STiPULA TlON-
CERTIFICATE OF SERVICE
I hereby certify that on the day of January, 2007, a true and correct copy of the
foregoing Stipulation was served by United States Mail, postage prepaid, upon the following:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
i iewellCW,puc.state.id. us
Charles R. Mickelson, P.
Director, Public Works Department
City fBoise 150 N. Capitol Boulevard
O. Box 500
Boise, ID 83701-0500
STiPULATlON-
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