20090126Reply Comments.pdf

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Janua 23, 2009
Idaho Public Utilities Commssion
P.O. Box 83720
Boise, Idaho 83720-0074 BCS- W -08-01
ATTENTION COMMISSION SECRETARY AND HEAD LEGAL SECRETARY
Enclosed are an original and seven (7) copies of Bar Circle "S" Water Company's reply
to the Comments and recommendations filed by the Staff of the Idao Public Utilities in
the above referenced case.
Sincerely,-~
1
Robert N. Turpseed, President
Bar Circle "s" Water Company
P.O. Box 1870
Hayden, Idaho 83835
Ph: [phone]
Fax: [phone]
e-mail: avondaleconcmverison.net
Representative for Bar Circle "s" Water Company
RECE r"-ri
2009 JAN 26 AM 8: 13
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION)
OF BAR CIRCLE "S" WATER COMPAN)
TO AMEND ITS CERTIFICATE OF )
CONVNIENCE AND NECESSITY )
CASE NO. BCS-W-08-01
REPLY TO COMMISSION
STAFF COMMENTS
COMES NOW Bar Circle "s" Water Company ("Bar Circle S", "Applicant" or
"Company") and submits the followig reply to the comments of the Idaho Public
Utilties Commssion (Commission) Sta (Sta.
Staff at page 4 of its comments proposes that the Commission grant Applicant a
service area expanion to its Certificate of Convenience and Necessity for only Phase 1 of
the proposed Double T Estates subdivision. Phase 1 of this subdivision only contains
sixteen (16) building lots along two main roads on the perimeter of the subdivision.
Phase 2 of the subdivision contans thirt-one (3 i) building lots and will fill the interior
area bordered by these two mai roads.
Applicant objects to Staff s proposal to withold approval of Phase 2 of the
proposed service area expansion. Engineerig design and constrction would be entirely
different if the water system were to be constrcted only to serve the sixteen (16) lots
included in Phase i. Constrcting facilties suffcient to serve the entire subdivision
without assurance that Phase 2 could be developed and served water would put the
Applicant and the subdivision developer in an untenable economic position.
Staff s position is sumarzed on page 4 of its comments where it states
"Therefore, Staff recommends that only Phase i of the requested additional service area
for Double T Estates be granted to the Company, until the Company has shown to the
Reply to Commssion
Staff Comments
i
Commssion that it has satisfied the Rules and Regulations promulgated by IDEQ
applicable to Phase 2, and the cost of requied facilities are properly allocated."
Regarding the first par of this statement, the Idao Deparent of Environmental Quaity
(IDEQ) has the authority over Applicant to insure that Applicant complies with the rules
and regulations of the IDEQ without the need for the Commission to withold approval
of the service area request pending satisfaction ofIDEQ rules. Were the IDEQ to use
similar reasoning, it would withhold approval of the water company expansion pending
approval of the service area expansion by the Idaho Public Utilties Commission. Each
of the two state agencies has its own rules reguations and responsibilities. Each has
authority to enforce its own rules and approve or deny applications put before it without
the need for the other to duplicate those efforts.
Regarding the second par of Staf's statement that "....the cost of requied
facilties are properly allocated." Staff is referrng to certn system reliability, quality of
service improvements that will be required and benefit all customers of the water system
including existing as well as new customers. If the existing Bar Circle "s" subdivision
were to be built today, these same improvements would be required to comply with
today's IDEQ Rules and Regulations. These improvements will bring the existing Bar
Circle "s" water system up to curent stadards for communty water systems. Sta
refers to ths procedure in its discussion of Applicants Line Extension Agreement with
the developer on page 4 of its comments. The agreement sets fort an allocation of the
cost of such improvements between Applicant and the developer based upon the number
oflots within the existing system and lots included in the Double T Estates subdivision.
Applicant believes the terms contaied in the agreement are fai and equitable to both
paries to the agreement as well as existing customers and futue customers.
Finally, on page 6 of its comments, Staff expressed concern that Applicant may
not have a valid water permit to serve the proposed expansion. Applicant hereby afrms
that it has a valid water right for 56 i Gallons per miute. The Company curently has
thee existing wells, one i 6" well and two 6"wells. One of the 6" wells is not in service,
and canot be rehabiltated to make it usable. Bar Circle'S' Water Co has received well
drlling permit No.D0056569 authorized by the Regional Director of the Idaho
Deparent of Water Resources. Ths permt should be finalized the week of Janua
Reply to Commission
Staff Comments
2
.
26th 2009. Applicant plans to abandon the 6" well that canot be rehabilitated and use the
new drlling permit to replace ths well with a 10" to 12" welL. This well wil be in
operation prior to completion of Double T Estates Phae Two and will increase system
reliability providing a suitable back-up to the Company's curent primar well.
Applicants existing water rights are suffcient to provide service to the existing service
area as well as the expansion proposed in the Company's application. Applicant
provided to Staff a copy of a water engineerig report prepared by Toothan-Ort
Engineering Co. specifically for the purose of determng Applicants abilty to provide
service to the expansion area proposed. The Idaho Deparent of Environmental Quaity
has reviewed and accepted this report.
Applicant hereby requests that the Commssion approve the service area
expansion for the entire Double T Estates subdivision as originaly sought in its
Application.
Reply to Commission
Sta Comments
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