20060712Letter from staff to KHW.pdf

STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN
July 11 2006
Gary A. Finney
Finney Finney & Finney, P.
Old Power House Building
120 East Lake Street, Suite 317
Sandpoint, Idaho 83864
Re:Kootenai Heights Water System, Inc.
Case No. KHW-OS-
Dear Mr. Finney:
As you are aware, on August 11 , 2005, you filed an Application for a Certificate of Public
Convenience and Necessity to Operate a Water Utility on behalf of Kootenai Heights Water
System, Inc. (Company). That Application was initially noticed for Modified Procedure
pursuant to the Commission s Rules of Procedure. IDAP A 31.01.01.201-204. Order No. 29877.
The initial deadline for filing written comments or protests was November 10, 2005. In a Joint
Stipulation filed with the Commission on November 2, 2005 , we asked the Commission to
suspend the November 10 comment deadline so that alternative organizational structures for the
Company could be explored. The parties were to report the status of this matter to the
Commission within 60 days. Order No. 29909. On January 20, 2006, Commission Staff
reported that the Company wished to proceed with its original Application. Consequently, the
Commission issued the Second Notice of Application and Modified Procedure with a March 9
2006 comment/protest deadline. Order No. 29960.
Commission Staff filed comments setting forth its recommendations to the Commission on
March 9 , 2006. Staff was the only party to file comments for this matter. Even though there are
no provisions in the Commission s Rules of Procedure for reply comments under Modified
Procedure, I contacted you by phone regarding whether you wished to submit any reply
comments. You expressed your general dissatisfaction and disagreement with Staff s comments
and said you would like to respond. We agreed that you would file your reply by the end of
March, approximately three weeks later. I again contacted you on March 30, 2006 , inquiring
about the status of your reply comments. You indicated that the comments were prepared and
would be filed. You also inquired about the possibility of a conference with Staff.
Contracts & Administrative Law Division, Idaho Public Utilities Commission
O. Box 83720, Boise, Idaho 83720-0074, Telephone: [phone], FAX: [phone], E-mail: IpuciQipuc.state.id.
Located at 472 West Washington St., Boise. Idaho 83702
Gary A. Finney
July 11 , 2006
Page 2
The Commission has not received any comments from you or your client, and it is now four
months since the comment deadline has passed. I remain willing to schedule a conference, and
given the distance between our offices, a phone conference would be most practical. Please
contact me at your earliest convenience if it is your desire to schedule a conference. It has been
nearly one year since the Application was initially filed with the Commission, and this matter
needs to be resolved.
If you wish to file reply comments, please have them filed with the Commission Secretary no
later than July 28 , 2006. After this date, the matter will be submitted to the Commission for a
final decision regarding the Application, unless some other agreement is reached prior to that
date with Staff.
Comments may be mailed to:
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address for Express mail:
472 W. Washington Street
Boise, ID 83702-5983
I thank you in advance for your attention to this matter, and look forward to hearing back from
you.
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Donovan E. Walker
Deputy Attorney General
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