20180810Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:BRANDON KARPEN
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 7,2018
SUBJECT: BAR CIRCLE S WATER COMPAI\IY,S APPLICATION TO EXTEND
WATER LINE; CASE NO. BCS-W-18-01
On July 27,2018, Bar Circle S Water Company requested approval of the extension
of a water line located in Kootenai County.
THE APPLICATION
The extension would provide water to a proposed new subdivision totaling
approximately 136 acres with 24 lots, which is being developed by McCarthy Capital, Inc.
Application at 3. Bar Circle S Water Company states that the extension will be a looped system
with water being supplied by three wells that are in service. Application at 1. Each lot will pay a
$2,500 hook-up fee at closing of the purchase. Id. McCarthy Capital, Inc. will transfer water
rights to Bar Circle S Water Company. Id.
Bar Circle S Water Company provided: 1) a letter from North Idaho Rose LLC stating
its intent to sell the real property for the subdivision to McCarthy Capital, Inc.,2) a letter from
McCarthy Capital, Inc. requesting the extension, 3) a letter from Rand Wichman Planning
requesting the extension, 4) a Preliminary Plat Layout of the proposed subdivision from Johnson
Surveying, and 5) Bar Circle S Water Company's proposed rate schedule for the proposed
subdivision.
STAFF RECOMENDATION
Staff concurs with the Company's proposal to process this case by modified procedure.
However, before suggesting a comment deadline, Staff must review the Application, evaluate
anticipated discovery requirements, and consult with the Company. Accordingly, Staff
DECISION MEMORANDUM I
recommends that the Commission issue a Notice of Application, set an intervention deadline of
September 4,2018, and direct Staff to present the Commission with a proposed comment schedule
after conferring with the applicant.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application, set a September 4,2018,
intervention deadline, and after that direct the parties to confer and develop a comment schedule?
I:\Legal\WATER\BCS-W-18-01\memos\BCSWI 801_ dec mefro_ elpBK.docx
2DECISION MEMORANDUM