20050131Final Order No 29696.pdf

Office of the Secretary
Service Date
January 31 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF BAR CIRCLE "S" RANCH, INC. FOR
AUTHORITY TO AMEND ITS
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY NO. 296 AND EXPAND ITS
CER TIFI CA TED AREA OF SER VI CE
CASE NO. BCS-O4-
ORDER NO. 29696
On December 6, 2004, Bar Circle "S" Water Co, Inc. (Bar Circle; Company) filed an
Application with the Idaho Public Utilities Commission (Commission) for authority to expand its
certificated service territory in Kootenai County, Idaho to include a portion of the South Half of
the Northeast Quarter of Section 22 Township 52 North Range 4 West, Boise-Meridian
Kootenai County, Idaho (65 acres) to provide domestic water to approximately 13 five-acre lots
(Country Estates Subdivision). Idaho Code ~ 61-526; IDAPA 31.01.01.112.
As per engineer estimates, the installation of utility services to Country Estates will
cost approximately $73 860. The developer, Raymond Vaudreuil (Hope Realty), has agreed to
pay all line extension costs. Included in the Application are copies of the request for service and
a copy of the executed Water Main Extension Agreement. The Company indicates that it has
adequate capacity to serve the proposed service area extension. No change in rates is proposed
with this request.
On December 28, 2004, the Commission issued Notices of Application and Modified
Procedure in Case No. BCS-04-1. The deadline for filing written comments was January 18
2005. The Commission Staff was the only party to file comments. Staff recommends that the
Commission approve the requested service area extension. Staff recommends further that all
extension costs be recorded on Bar Circle s books as a Contribution in Aid of Construction
(CIAC).
As reflected in Staff comments, the proposed subdivision is directly adjacent to the
current Bar Circle service area and requires only a line extension across Ramsey Road to tie into
the existing Bar Circle system. The Company and the developer, Ray Vaudreuil, have submitted
a signed Line Extension Agreement wherein the developer agrees to pay for the construction
the line extension and provide the necessary easements to the Company.
ORDER NO. 29696
Staff has reviewed the adjacent water utility information provided by the Company
and confirms that there are no other water providers or utilities interested in providing service to
the proposed Country Estates Subdivision.
COMMISSION FINDINGS
The Commission has reviewed the filings of record in Case No. BCS-04-
including the comments and recommendations of the Commission Staff. We continue to find it
reasonable to process the Company s Application pursuant to Modified Procedure, i., by
written submission rather than by hearing. Reference IDAP A 31.01.01.204.
Bar Circle "S" Water Company, Inc. requests Commission authority to amend its
Certificate of Public Convenience and Necessity No. 296 and expand its certificated service
territory in Kootenai County to provide service to the proposed Country Estates Subdivision.
We find that the Company s filing satisfies the Commission s Certificate requirements as set
forth in IDAP A 31.01.01.112. Based on the filings of record, the Company s representations and
Staff s investigation, the Commission finds that the Company has the capability to provide
adequate water service to Country Estates Subdivision. We further find that the future public
interest will be served by issuance of an amended Certificate of Public Convenience and
Necessity to Bar Circle for the requested area. We therefore find it reasonable to approve Bar
Circle s requested expansion of its certificated area.
Pursuant to terms of the Water Main Extension Agreement, the developer of Country
Estates Subdivision agrees to pay Bar Circle for the costs of construction of the water main
extension and related water system improvements to provide service to Country Estates
Subdivision. The estimated cost of extending service to Country Estates Subdivision is $73 860.
The contribution by the developer of Country Estates Subdivision of main line and service
improvements is to be recorded on the Company s books as a Contribution in Aid
Construction.
CONCLUSIONS OF LAW
The Commission has jurisdiction over Bar Circle S Water Company, Inc., a water
utility, and its Application in Case No. BCS- W -04-, pursuant to the authority and power
granted under Title 61 of the Idaho Code and the Commission s Rules of Procedure, IDAPA
31.01.01.000 et seq.
ORDER NO. 29696
ORDER
In consideration of the foregoing and as more particularly described above, IT IS
HEREBY ORDERED that the Certificate of Public Convenience and Necessity No. 296 of Bar
Circle "S" Water Company, Inc. be amended to reflect the addition of Country Estates
Subdivision located in the South Half of the Northeast Quarter of Section 22, Township 52
North, Range 4 West, Boise-Meridian, Kootenai County, Idaho. Bar Circle is directed to prepare
and file an amended Certificate for Commission approval.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3 /
day of January 2005.
Ij~
MARSHA H. SMITH, COMMISSIONER
IS S. HANSEN, COMMISSIONER
ATTEST:
/k~Je. ! D. Jewell
lfumission Secretary
vld/O:BCSW041 sw
ORDER NO. 29696