20020715_195.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
LOU ANN WESTERFIELD
TONY A CLARK
DON HOWELL
DAVE SCHUNKE
RICK STERLING
RANDY LOBB
BOB SMITH
BEV BARKER
GENE FADNESS
WORKING FILE
SCOTT WOODBURY
JULY 12, 2002
CASE NO. UWI-02-1 (United Water)
COMPAINT V. EAGLE WATER AND COUNTRYSIDE ESTATES
On April 19, 2002, United Water Idaho Inc. (United Water; UWI) filed a Complaint
and Application for Order to Show Cause against Eagle Water Company, Inc. (Eagle Water) and
Countryside Estates LLC. United Water contends that Eagle Water has and is extending water
main and other facilities in and through an uncertificated "buffer zone" for the purpose of
providing water service to Countryside Estates Subdivision No., a subdivision located in
United Water s service territory.
On June 17, 2002, United Water, Eagle Water and Countryside Estates filed a
Stipulation and Settlement Agreement for Commission consideration and approval. The parties
propose a procedure for unwinding Eagle Water s service to Countryside Estates and recommend
a proposed division of the buffer zone between United Water and Eagle Water, establishing a
dividing line across the buffer zone east to west along the center line of State Highway 44. All
of the buffer zone to the north of the dividing line will be in United Water s service territory and
DECISION MEMORANDUM
all of the buffer zone to the south of the dividing line will be in Eagle Water s service territory.
The parties contend that the Stipulation is in the public interest and that all of the terms of the
Stipulation are fair, just and reasonable. The Stipulation also establishes a proposed tariff rate
for water delivered by Eagle Water to United Water for water service to the Countryside Estates
Subdivision. At such time as United Water provides water service to the area contiguous to
Countryside Estates such that it has the physical capability to provide service from its own
sources of supply, United Water will cease to purchase water from Eagle Water and will connect
to its own source of supply.
Commission Decision
United Water and Commission Staff recommend that the proposed Stipulation and
Settlement Agreement be processed pursuant to Modified Procedure, i., by written submission
rather than by hearing. Reference Commission Rules of Procedure, IDAPA 31.01.01.201-204.
Staff recommends that individual notice be provided to all Countryside Estate customers. Does
the Commission agree with the proposed procedure?
Scott Woodbury
vldIM:UWIWO201 sw3
DECISION MEMORANDUM