20070530Vol II Hearing.pdf

ORIGINAL
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-07-
BEFORE
COMMISSIONER MARSHA SMITH (Presiding)
COMMISSIONER MACK A. REDFORD
COMMISSIONER PAUL KJELLANDER
PLACE:Commission Hearing Room
472 West Washington
Boise, Idaho
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DATE:May 24, 2007
VOLUME II - Pages 7 - 13
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CSB REPORTING
Constance S. Bucy, CSR No. 187
17688 Allendale Road * Wilder, Idaho 83676
(208) 890-?198 * [phone]
Email csb~heritagewifi.com
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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 StreetBoise, Idaho 83702
For the City of Eagle:MOORE SMITH BUXTON & TURCKE
by Bruce M. Smith , Esq.
and Susan E. Buxton , Esq.
950 West Bannock , Suite 250Boise, Idaho 83702
For Capital Development,
Inc. :
MOFFATT THOMAS BARRET ROCK
& FIELDS
by Robert B .Burns , Esq.
101 South Capitol Blvd.
10th FloorBoise, Idaho 83702
CSB REPORTING
Wilder , Idaho
APPEARANCES
83676
BOISE , IDAHO , THURSDAY, MAY 24,2007,9:30 A. M.
COMMISSIONER SMITH:Good morning, ladies
and gentlemen.This is the time and place set for a
hearing in the matter of the application of United Water
Idaho Inc. to amend and revise certificate of convenience
and necessity No. 143, further identified as Case No.
UWI-W-07-02.My name is Marsha Smith.m one of the
three Commissioners and I I 11 be chairing today I s hearing.
On my left is Commissioner Paul Kjellander who is
President of the Commission and on my right is
Commissioner Mack Redford.The three of us are the
Public Utilities Commission and we will be hearing the
proceeding and making a decision on the application.
ll begin today with the appearances of
the parties and we 'll start with the applicant.
MR. MILLER:Thank you, Madam Chairman.
Dean J. Miller with the firm McDevitt & Miller on behalf
of the applicant United Water Idaho.Wi th me today are
the Company witnesses Mr. Wyatt and Mr. Rhead.
prepared for hearing, although we understand there have
been some discussions between the city and Capital
Development that those parties would like to advise the
Commission of which I assume we 'll get to after the
CSB REPORTING
Wilder , Idaho
COLLOQUY
83676
appearances.
COMMISSIONER SMITH:Thank you,
Mr. Miller, indeed we will.Mr. Woodbury.
MR. WOODBURY:Scot t Woodbury, Deputy
Attorney General , for Commission Staff.
COMMISSIONER SMITH:And we also have the
City of Eagle as a party.
MS. BUXTON:Yes, ma ' am, Susan Buxton and
Bruce Smith.
COMMISSIONER SMITH:Thank you,and for
Capital Development.
MR.BURNS:Yes,Robert Burns
COMMISSIONER SMITH:Oh, Mr. Burns, in our
Hearing Room you need to punch the touch button and get a
red light so the court reporter can hear you.
MR. BURNS:Thank you.m Robert Burns
with the law firm of Moffatt Thomas Barrett Rock & Fields
representing Capital Development, Inc.Wi th me today
s the president of CapitalRamon Yorgason.
Development.
COMMISSIONER SMITH:Than k you.Are there
any preliminary matters that need to be taken up before
we commence the hearing?Ms. Buxton.
MS. BUXTON:Madam Chairman , Members of
the Commission, Susan Buxton.m the city attorney for
CSB REPORTING
Wilder, Idaho
COLLOQUY
83676
the City of Eagle and we have had negotiations with
Capi tal Development which we worked out an issue with
them and we are hoping to vacate this hearing and ask
that the Commission stay this matter and notice it for a
hearing after your first available date occurring after
August 24th , 2007.
COMMISSIONER SMITH:Mr. Burns, do you
have anything to add?
MR. BURNS:I would simply confirm that an
agreement has been reached between Capital Development,
Inc. and the City of Eagle that will allow the City of
Eagle 90 days in which to try to obtain in fact those
water rights necessary to provide timely water service
the proj ect of Capital Development, Inc. and so in
accordance with Ms. Buxton s request, we would ask that
this matter be continued over to the first available date
occurring after August 24th of this year.
COMMISSIONER SMITH:Anyone else want to
weigh in on this?Mr. Miller or Mr. Woodbury?
MR. MILLER:Thank you, Madam Chairman.
Uni ted Water, of course, is something of an innocent
bystander at this point.
COMMISSIONER SMITH:Well, maybe a
bystander.
MR. MILLER:Semi-innocent bystander.
CSB REPORTING
Wilder, Idaho
COLLOQUY
83676
I indicated, we re prepared for the hearing.I might
just also say that United Water undertook to provide
service at the request of the developer, not the other
Uni ted Water didn t set out to pick a fightway around.
with the City of Eagle, but when there was an
intervention, we felt we were obligated to defend our
application to the best of our ability.That said, we
have no ability as we see it to force upon the developer
or upon Eagle a requirement that we proceed with the
hearing, so we would reluctantly acquiesce, in effect,
the motion that's been filed by the other two parties.
COMMISSIONER SMITH:Well
Madam Chairman , excuse myMS. BUXTON:
interruption.
COMMISSIONER SMITH:Ms. Buxton.
Based on what Mr. Burns said,MS. BUXTON:
the goal here is to keep all the parties in the same
Certainly everybody isposition that they have.
All the testimony and witnesses are ready withprepared.
regard to a hearing and a decision by this body, but
re asking for this stay to go forward for
approximately 90 days to see if we can work out those
differences in the 90-day period, so certainly all the
issues that the city has raised, as well as that United
Water has raised and the Staff and Capital Development
CSB REPORTING
Wilder , Idaho
COLLOQUY
83676
have raised will continue to a hearing if these things
aren t worked out between now and the hearing after
August 24th.
COMMISSIONER SMITH:Okay, thank you.
ll be at ease for a few minutes and the Commission
will consider this request.
(Pause in proceedings.
COMMISSIONER SMITH:ll be back on the
record.The Commission has considered the request for a
stay and we will grant the stay.Our goal , of course, lS
to see that the ci ti zens of the State of Idaho have the
utility services they need in a timely manner and if
days from now is timely enough for the people who are
seeking the service , then certainly we can accommodate
I guess I would ask if the parties could give thethat.
Commission an update before the 24th of August so we will
know whether it's likely that the matter will be settled
or whether it's likely we ll need to go to hearing.That
will give us some opportunity to plan for our calendars,
so if Ms. Buxton or Mr. Burns could give me some idea
when -- would there be a time early in August you might
know whether you re going to make this or not?
Yes, ma ' am.We believe weMS. BUXTON:
be able to give some sort of report like that to the
Commission by August 1st.
CSB REPORTING
Wilder, Idaho
COLLOQUY
83676
COMMISS IONER SMITH:Okay, that would be
very good to us and we would appreciate it, so if there
nothing else to come before the Commission , we will
adj ourn today ' s hearing and stay this pending the update
from the City of Eagle and a potential hearing after the
24th of August, if needed.Wi th that, we re adj ourned.
Thank you.
(The Hearing adjourned at 9:45
CSB REPORTING
Wilder, Idaho
COLLOQUY
83676
This is to certify that the foregoing
proceedings held in the matter of the application of
Uni ted Water Idaho Inc. to amend and revise certificate
of convenience and necessity No. 143, commencing at
9:30 a.m., on May 24, 2007 at the Commission Hearing
Room, 472 West Washington , Boise, Idaho, is a true and
correct transcript of said proceedings and the original
thereof for the file of the Commission.
CONSTANCE S. BUCY
Certified Shorthand
CSB REPORTING
Wilder, Idaho 83676
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AUTHENTICATION