20060130_1451.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:JANUARY 27, 2006
SUBJECT:JA YO CONSTRUCTION'NOTICE
COMPLAINT, CASE NO. UWI-05-
WITHDRAWAL
On November 10 2005 , the Commission served a summons on United Water Idaho
requiring it to file an Answer to Jayo Construction s written complaint. Jayo alleged that United
Water was not in compliance with its Special Facilities tariff regarding the construction of a
storage facility located in the Boise Foothills. United Water filed a timely answer. The parties
and Staff subsequently engaged in fruitful settlement negotiations. Consequently, Jayo filed a
Notice of Withdrawal of Complaint on January 26 , 2006.
Jayo s Notice is consistent with the Commission s procedural Rule 68, IDAPA
31.01.01.068. Unless otherwise ordered by the Commission, a Notice of Withdrawal is effective
14 days after filing. Given the settlement of the underlying dispute, Staff recommends that the
Commission simply allow the Notice to become effective.
COMMISSION DECISION
May Jayo withdraw its complaint?
Don Howell
bls/M:UWI-O5-05 dh