20060620UWI to City of Eagle 1-7.pdf

McDevitt & Miller LLP
Lawyers
[phone]
[phone] (Fax)
420 W. Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Chas. F. McDevitt
Dean 1. (Joe) Miller
June 20, 2006
Via Hand Delivery
Jean J ewell, Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, Idaho 83720
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Re: Case No. UWI~ W ~06~
Dear Ms. Jewell:
Enclosed for filing in the above matter please find three (3) copies of United Water
Idaho s First Production Request to the City of Eagle, Idaho.
An additional copy of the document and this letter is included for return to me with your
file stamp thereon.
Very Truly Yours
\\De &; Miller liP
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ORIGINAL
Dean J. Miller (ISB No. 1968)
MCDEVITT & MILLER LLP
420 West Bannock Street
O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
ioe(ii),mcdevitt- miller .com
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Attorneys for United Water Idaho Inc,
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC., TO
AMEND AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY NO 143
UNITED WATER IDAHO INC'
FIRST PRODUCTION REQUEST
TO THE CITY OF EAGLE, IDAHO
CASE NO. UWI-O6-
United Water Idaho Inc, requests that the City of Eagle (City) provide the following
documents and information on or before WEDNESDAY, JULY 5, 2006.
The City of Eagle is reminded that responses pursuant to Commission Rules of Procedure
must include the name and phone number of the person preparing the document, and the name
location and phone number ofthe record holder. Reference IDAP A 31.01.01.228.
This Production Request is to be considered as continuing, and the City of Eagle is
requested to provide, by way of supplementary responses, additional documents that it or any
person acting on its behalf may later obtain that will augment the documents produced.
Please provide answers to each question; supporting work papers that provide detail or
are the source of information used in calculations; the name and telephone number of the person
preparing the documents; and the name, location and telephone number of the record holder.
UNITED WATER IDAHO INC'S FIRST PRODUCTION REQUESTS TO THE CITY OF EAGLE, IDAHO-
For each item, please indicate the name ofthe person(s) preparing the answers, along
with the job title of such person(s) and the witness who can sponsor the answer at hearing.
REQUEST NO.1: Does the City contend it has legal authority to annex an area outside
its approved Area of City Impact and specifically the area of the Trailhead Community for which
United Water is seeking inclusion in its service territory? If so, explain in detail the basis of the
contention, indicating which provisions of Idaho Code 50-222 provide the claimed authority.
Explain how such annexation would qualify either as a Category A, Category B or Category C
annexation.
REQUEST NO.2: Has the City submitted to the Ada County Commission, pursuant to
Idaho Code 67-6526(d), a written request to renegotiate its Area of City Impact to include the
portions of the Trailhead Community for which United Water is seeking inclusion in its service
territory. If so, provide a copy of the written request for renegotiation. If a formal request has
not been submitted, provide a copy of all correspondence to and from the Ada County
Commission evidencing any preliminary discussions to commence the renegotiation process.
REQUEST NO.3: In the City s Letter Comments dated and filed herein on May 31
2006, reference is made to development of a "Memorandum of Understanding" between the City
and the developer. Please provide copies of all drafts of said Memorandum and the executed
version, if one exists. If there are neither drafts nor final versions of said Memorandum, please
provide all correspondence to and from the developer regarding preparation of such
memorandum.
UNITED WATER IDAHO INC'S FIRST PRODUCTION REQUESTS TO THE CITY OF EAGLE, IDAHO - 2
REQUEST NO.4: Please provide any and all information from the City of Eagle
Municipally Owned Water System Amended Master Plan, Revised November 2005, or from any
other City of Eagle water system planning documents, that indicate the City of Eagle s plans to
provide water service to any areas north of Homer Road and/or to any areas currently proposed
for water service in United Water Idaho s current application (Case No. UWI-06-04) to
amend and revise its certificate of convenience and necessity No 143.
REQUEST NO.5: Please provide copies of all municipal ordinances adopted by the
City relating to the operation and expansion of the City municipal water system.
REQUEST NO.6: Please describe how the City intends to finance the expansion of its
municipal water system generally. Ifthe issuance of bonds under the Municipal Bond Law is
contemplated, describe the status of such issuance.
REQUEST NO.7: If different from your answer to Request No.6 please describe how
the City would intend to finance the construction of facilities to serve the Trailhead Planned
Community.
DATED this 2b day of June, 2006.
Respectfully submitted
McDEVITT & MILLER LLP
UNITED WATER IDAHO INC'S FIRST PRODUCTION REQUESTS TO THE CITY OF EAGLE, IDAHO - 3
CERTIFICATE OF SERVICE
I hereby certify that on the ;()
-r-day of June, 2006, I caused to be served, via the
methodes) indicated below, true an~rrect copies of the foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
i i ewell(Q),puc. state.id. us
Hand Delivered
S. Mail
Fax
Fed. Express
Email
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City of Eagle
c/o Bruce Smith
225 North 9th Street, Suite 420
Boise, ID 83702
Hand Delivered 1....11
S. Mail Ja(
Fax 1....11
Fed. Express 1....11
Email 1....11
Hand Delivered 1....11
S. Mail
Fax 1....11
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Scott Woodbury
Deputy Attorney General
472 W. Washington Street
Boise, ID 83702-5983
UNITED WATER IDAHO INC'S FIRST PRODUCTION REQUESTS TO THE CITY OF EAGLE, IDAHO - 4