20070328Vol I Prehearing conference.pdf

ORIGINA'
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
) CASE NO. UWI-W-06-04
) CASE NO. UWI-W-07-02
) PREHEARING CONFERENCE
BEFORE
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COMMISSIONER MARSHA SMITH (Presiding)
COMMISSIONER MACK A. REDFORD
COMMISSIONER PAUL KJELLANDER
PLACE:Commission Hearing Room
472 West Washington
Boise, Idaho
DATE:March 22, 2007
VOLUME I - Pages 1 - 6
CSB REPORTING
Constance S. Bucy, CSR No. 187
17688 Allendale Road * Wilder, Idaho 83676
[phone] * [phone]
Email csb~safelink.net
Co.
For the Staff:Scott Woodbury, Esq.
Deputy Attorney General
472 West Washington
Boise , Idaho 83720-0074
For United Water Idaho:McDEVITT & MILLER
by Dean J. Miller , Esq.
420 West Bannock Street
Boise , Idaho 83702
For the City of Eagle:MOORE SMITH BUXTON & TURCKE
by Bruce M. Smith , Esq.
950 West Bannock , Suite 250
Boise , Idaho 83702
CSB REPORTING
Wilder , Idaho
APPEARANCES
83676
BOISE , IDAHO, THURSDAY, MARCH 22 , 2007 , 2:00 P. M.
COMMISSIONER SMITH:Good afternoon
gentlemen.This is the time and place set for a
prehearing conference in two matters that are pending
before the Idaho Public Utilities Commission.First we
have the Case No. UWI-W-06-04 in the matter of the
application of United Water Idaho Inc. to amend and
revise certificate of convenience and necessity No. 143
which deals with service to an area called the Trailhead
Community, and we also have Case No. UWI-W-07-02 in the
matter of the application of United Water Idaho Inc. to
amend and revise the certificate of convenience and
necessi ty No. 143 which we will call the Lanewood Estates
case.
Could we please take the appearances of
the parties beginning with the applicant , Mr. Miller?
MR. MILLER:Thank you , Madam Chairman,
Members of the Commission.Dean J. Miller of the firm
McDevi tt & Miller on behalf of the applicant United Water
Idaho in both cases.Present with me today is the
general manager of United Water Idaho, Mr. Gregory
Wyatt.
COMMISSIONER SMITH:Thank you , and for
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Wilder, Idaho
COLLOQUY83676
the Commission Staff.
MR. WOODBURY:Scott Woodbury, Deputy
Attorney General.
COMMISSIONER SMITH:And then I believe we
have an intervention in both matters by the City of
Eagle; is that correct?Mr. Woodbury.
MR. WOODBURY:There was an intervention
by the City of Eagle in Trailhead and that was granted.
They filed an obj ection and comments in Lanewood Estates
and I spoke to Mr. Smith and he would like the Commission
to view his comments as a request for intervention, but
an Order has not been issued.
COMMISSIONER SMITH:If there is no
obj ection , we will grant the request of the City of Eagle
to be an intervenor status; one Order being issued, the
other not yet, but we will certainly grant intervenor
status, and we ll take that appearance now.
MR. SMITH:Bruce Smith , Moore Smith
Buxton & Turcke , on behalf of the City of Eagle and with
me with is Mr. Dave Malan.s the public works
director for the City of Eagle.
COMMISSIONER SMITH:All right.It's my
understanding that the parties expect the Commission to
convene the prehearing conference and then excuse
ourselves so you can undertake discussions amongst
CSB REPORTING
Wilder, Idaho
COLLOQUY
83676
yoursel ves; is that correct?
MR. SMITH:Correct, thank you.
COMMISSIONER SMITH:I would just note
that the Commission is sensi ti ve to the request of the
people who need and want water service and we do not want
our regulatory process to unduly delay the provision of
service who are ready to take such service and we will be
very cognizant of their needs in this process, so with
that, the Commission will excuse itself and allow the
parties to talk amongst yourselves.Thank you.
(Recess. )
COMMISSIONER SMITH:All right we ll go
back on the record.Mr. Woodbury, would you like to
report the progress of the group, please?
MR. WOODBURY:Madam Chairman , thank you.
I would indicate that with respect to Lanewood Estates,
the 07-02 case , we would like -- also, the parties do not
obj ect to the intervention of Capital Development into
that case as a party.We have agreed upon scheduling:
production request deadline of April 6th , a response
deadline of April 20th.Those are electronic and in-hand
dates.Prefiled for the City of Eagle , Capital and
United Water Idaho deadline of May 4th , Staff prefile of
May 11th, a rebuttal deadline for United Water Idaho and
the City of May 18th with a hearing date of Thursday, May
CSB REPORTING
Wilder, Idaho
COLLOQUY
83676
24th.
Wi th respect to Trailhead, an additional
party to that case of Kastera and similar scheduling,
except for the hearing date which would be Wednesday, May
30th.There was no discussion as to where the hearing
would be.
COMMISSIONER SMITH:Is there something
wrong with this Hearing Room?
MR. WOODBURY:I think this is fine.
COMMISSIONER SMITH:I mean , it's not like
the parties are from northern Idaho.Are there any
comments from other parties?
MR. MILLER:Just a minor clarification
Madam Chairman.As the Commission knows , in conj unction
wi th the reply comments that United Water filed last
week, we filed three affidavits, it's our intention that
those affidavits would be United Water s direct case and
we will submit them , we ll provide cover sheets and turn
them into testimony and the affidavits will then be
available for cross-examination , so in that case, United
Water Idaho would not make an additional direct testimony
filing on the 4th , but the parties can respond to the
case that we have filed.
We can do it that way.MR. WOODBURY:
Okay, any otherCOMMISSIONER SMITH:
CSB REPORTING
Wilder , Idaho
COLLOQUY
83676
comments?Any comments or questions from members of the
Commission?I assume that we will go back and look at
our schedule and decide whether or not we find these
dates to be doable and issue an Order accordingly in each
case memorializing the agreement of the parties, so if
there s nothing further to come before the Commission , we
will be adj ourned.Thank you.
(The prehearing conference adj ourned at
2:55 p.
CSB REPORTING
Wilder, Idaho
COLLOQUY
83676
This is to certify that the foregoing
prehearing conference held in the matter of the
applications of United Water Idaho Inc. to amend and
revise certificates of convenience and necessity No. 143
commencing at 2:00 p., on Thursday, March 22, 2007 , at
the Commission Hearing Room, 472 West Washington , Boise
Idaho, is a true and correct transcript of said
prehearing conference and the original thereof for the
file of the Commission.
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CONSTANCE S. BUCYCertified Shorthand Reporte # 87
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CSB REPORTING
Wilder , Idaho
AUTHENTICATION
83676