20070409_1883.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER RED FORD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:SCOTT WOODBURY
DON HOWELL
DATE:APRIL 6, 2007
SUBJECT:CAPITAL DEVELOPMENT'S MOTION TO FILE BRIEF IN THE
UNITED WATER - LANEWOOD ESTATES PROCEEDING, CASE NO.
UWI-07-
On April 2, 2007, Capital Development filed a Motion seeking permission to file a
brief addressing the relevant legal issues in this case. Capital Development is an intervenor and
the developer of Lanewood Estates. On April 3 , 2007, United Water filed a "Reply Motion
supporting Capital Development's request to file a brief. United Water stated that the
Commission s consideration of this matter would be aided by Capital Development's analysis
of those (legal) issues.On April 6, 2007, the City of Eagle filed a Reply to Capital
Development's Motion objecting to the Motion, or in the alternative, requesting that the hearing
schedule in this "matter be adjusted so as not to prejudice the City." Reply at
BACKGROUND
In January 2007, United Water filed an Application requesting authority to amend
and revise its Certificate of Public Convenience and Necessity to include a new.subdivision
known as Lanewood Estates. Lanewood Estates lies adjacent to the City of Eagle, north of
Floating Feather Road, south of Beacon Light and west of north Linder Road in Ada County.
Following the City of Eagle s objection to United Water providing service to Lanewood Estates
the Commission scheduled a prehearing conference that was held on March 22, 2007. On March
2007, the Commission issued a Notice of Hearing scheduling this matter for a public hearing.
The Notice also included a schedule that set deadlines for discovery and the filing of testimony
DECISION MEMORANDUM
by United Water, the City of Eagle, Staff, and Capital Development. The Notice included the
following partial prefiling schedule:
May 4 , 2007 Prefile deadline - direct testimony - United Water
Idaho/City of Eagle/Capital Development, Inc.
May 11 2007 Prefile deadline - direct testimony - Commission Staff
May 18, 2007 Prefile deadline - rebuttal testimony - United Water
Idaho/City of Eagle
The public hearing in this matter is scheduled for May 24, 2007.
Capital Development desires to layout "the relevant legal issues" arising from the
City of Eagle s intention to provide "water service to an area outside of the (City) boundaries.
Motion at 2. Procedural Rule 255 provides that "any party may move to file briefs. . ." in any
proceeding. IDAP A 31.01.01.255. Capital Development's counsel indicates that he can file his
brief by April 16, 2007.
THE CITY'S OBJECTION
In its reply the City requests that the Commission deny the Motion to File a Legal
Brief, or in the alternative, adjust the hearing schedule. The City maintains that at the prehearing
conference, the parties agreed on the present schedule because Capital Development indicated
that its only filing would be the previously submitted testimony of Ramon Yorgason. The City
asserts that the exact legal issues have not been identified and Capital Development has not
indicated whether the "legal issues" it seeks to brief may be dispositive. Reply at 1. The City'
agreement with the schedule was based upon the representations that Capital Development and
United Water would have no further filings, other than their rebuttal testimonies. Granting the
briefing Motion, given the expedited scheduling of this matter and the Trailhead Community
case (Case No. UWI-06-04), will impair the City s ability to adequately prepare for both
hearings.
If the Commission grants the Motion to allow the filing of Capital Development's
legal brief, then the City requests that the hearing schedule in this case be amended. Id. at 2.
The City is willing to confer with the other parties to modify the schedule as appropriate.
1 The Lanewood hearing is set for May 24 and the Trailhead hearing is set for May 30, 2007.
DECISION MEMORANDUM
COMMISSION DECISION
What does the Commission wish to do about Capital Development's Motion to File a
Brief? Does the Commission wish to set the deadline for filing such brief no later than April 16
20077 Does the Commission wish to adjust the hearing schedule? Anything else?
D~~
Scott Woodbury
Don Howell
blslM:UWI-O7-
DECISION MEMORANDUM