20091201UWI to Staff 128 (g, h).pdf

McDevitt & Miller LLP
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P.O. Box 2564.83701
Boise, Idaho 83702
20U9 DEC -I PH l tOO. F. McDevitt
J. (Joe) Miler
December 1, 2009
Via Hand Delivery
Jean Jewell, Secreta
Idaho Public Utities Commssion
472 W. Washigton St.
Boise, Idaho 83720
Re: Case No. UWI-W-09-01
General Rate Case Filng
Dear Ms. Jewell:
Enclosed for fig, please fid an orial and thee (3) copies of United Water Idaho's Objection
and Answer to Staff Production Request No. 128(g and h).
Kidly retu a fie staped copy to me.
Very Truy Yours,
McDevitt & Mier IiW~
Dean J. Mier
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OR I GI NAL
Dean 1. Miler (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. Box 2564-83701
Boise, Idaho 83702
Tel: [phone]
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joeGMmcdevi tt - miler .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., FOR )
AUTHORITY TO INCREASE ITS RATES AND )
CHARGES FOR WATER SERVICE IN THE ~STATE OF IDAHO )
)
CASE NO. UWI-W-09-01
OBJECTION AND ANSWER TO
STAFF PRODUCTION REQUEST
NO. 128(g and h).
Staff Production Request No. l28(g) asks United Water to provide "A detailed
descrption of the water conservation measures currently in place for the project either by UWI
or the developer or any other pary."
United Water objects to the Request to the extent it requires the Company to describe
conservation measures undertaken by "the developer or any other pary" on the following
grounds:
First, information regarding third pary conservation efforts is not within United Water's
care, custody or control. The proper method for obtaining information that is within the custody
or knowledge of third paries is though a subpoena to that pary. See R.P. 226. United Water is
not under a duty to investigate the activities of third persons or to produce documents not within
its care, custody or control. See I.R.C.P. 34(a).
OBJECTION AND ANSWER TO STAFF PRODUCTION REQUEST NO. 128(g)- i
Second, the issue in this case is the appropriate level of revenue requirement from which
the retail rates to United Water's are to be determined. Information regarding conservation
measures undertaken by third parties is not likely to lead to admissible evidence that is relevant
to the issues in this proceeding. See I.R.C.P. 26(b)(l).
Without waiving the foregoing objection, United Water responds to Request No. 128(g
and h) as follows:
Please see the Reply Comments of Aviffore LLC., dated April 13,2007 in Case No.
UWI-W-07-01, in which Avimore's intended conseration measures are described.
Customers within the Avimore project have access to all conservation measures offered
to the Company's other customers; there are no conservation programs targeted specifically to
the Avimore project.
DATED this ~day of December, 2009.
UNITED WATER IDAHO INC.
By-(J Ulb
Dean J. Miller
McDevitt & Miler LLP
420 West Banock
Boise, Idaho 83702
P: 208.343.7500
F: 208.336.6912
Attorney for United Water
OBJECTION AND ANSWER TO STAFF PRODUCTION REQUEST NO. 128(g)- 2
CERTIFICATE OF SERVICE
I hereby certify that on the ~ day of December, 2009, I caused to be sered, via the
method(s) indicated below, tre and correct copies of the foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, ID 83720-0074
jjewellGMpuc. state.id. us
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Brad M. Purdy
Attorney at Law
2019 N. 17th Street
Boise, ID 83702
bmpurdyGMhotmail.coff
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OBJECTION AND ANSWER TO STAFF PRODUCTION REQUEST NO. 128(g)- 3
I;,
UNITED WATER IDAHO INC.
CASE UWI-W-09-01
FIFTH PRODUCTION REQUEST OF THE COMMISSION STAFF
Preparer: J arila Car
Sponsoring Witness: Gregory P. Wyatt
REQUEST NO. 128:
Please provide all documentation pertaining to the A vimor Special Facilities Agreement (SF A)
including but not limited to:
a. An extrct from the accounting system showing all transactions related to ths SF A,
b. A copy of the original accounting transaction(s) recording the asset(s),
contrbution(s), advance(s), and other accounts,
c. Copies of other accounting transactions and the relevant supporting documentation
upon request by on-site Staff,
d. A copy of all documentation demonstrating that transmission and distrbution
facilties necessar to serve the new development were contrbuted by the developer
without refud,
e. A detailed description ofthe status of the development (including butnot limited to
its ph~se, how many customers have connected, and how many refunds have
proc.essed),
f: All relevant documentation supporting tJie statements included in response to item e.,
g. A detailed description of the water conservation meaSurs. curently in place for the
project either by UWI or the developer or any other pary,
h. All relevant documentation supporting the statements included in response to item g.,
and
1. Any and all documentation demonstrting that the Avimor projectwas recorded and
continues to be processed as intended by the Commission in Case No. UW-W-07-1.
RESPONSE NO. 128:
The Avimor Special Facilities Agreement project was comprised of three separate capital
projects; C07C003 - Broken Hom Booster, C07D339 - AvImor Transmission Main, and
C07E002 - Broken Hom Reservoir. Enclosed are three PDF files containing the CWIP ledgers
related to these thee projects.
Also enclosed are two joural entres and associated support documentation which recorded the
above referenced Avimor Special Facilities Agreement projects on the books of United Water
Idaho. The first entry dated 8/28/2008 was the initial booking of the developer costs to advances
and contributions (A&C). The second entr dated 12/29/2008 is to record the A&C final
adjustments for the projects.
Additionally, there was a Standard Main Extension Agreement for the Avimor on-site water
mains, services, etc. This fully contrbutedproject was C07D358 - Avimor Vilage One - Phase
One. The CWIP ledger for this project and the journal entry dated 8/15/2008 are also enclosed
as separate PDP files.
Curently there are 28 customer connections on the Avimor system. 25 are residential and 3 are
common area sumer irrgation connections. To date the Company has paid refuds totaling
$12,000 (25 x $480) to Avimor for the 25 residential connections. The Company has not made
refuds on the 3 irrgation connections because they are not year-round customers and Avimor
has stated its intention to eventually provide its common area irrgation by means of recycled
water from its waste water treatment facilty. Enclosed is a PDP fie containing documentation
on the 25 refuds paid to A vimor.
With regard to pars "g" and "h" ofthe above Production Request, please see the Company's
Objection filing which accompanies this response.