20040220Final Order No 29429.pdf

Office of the Secretary
Service Date
February 20, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
EAGLE WATER COMPANY, INC. TO AMEND
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY NO. 278.
CASE NO. EAG-O4-
ORDER NO. 29429
On January 7, 2004, Eagle Water Company, Inc. (Eagle Water; Company) filed an
Application with the Idaho Public Utilities Commission (Commission) requesting authorization
to amend and revise its Certificate of Public Convenience and Necessity No. 278 (as amended)
by enlarging and extending its certification service area boundaries to include the Idaho State
Veterans Cemetery (Cemetery). Reference Idaho Code 961-526; Commission Rules of
Procedure, IDAPA 31.01.01.112. The Cemetery is located on old Horseshoe Bend Road just
north of the Dry Creek Cemetery in Ada County and is adjacent to Bonita Hills Subdivision
which Eagle Water currently serves. A legal description of the property is attached to the
Application (Application, Exhibit B).
Eagle Water represents that the developer of the Idaho State Veterans Cemetery has
requested that Eagle Water provide water service. A copy of the developer s request is attached
to the Company s Application (Application, Exhibit A). Water service to the Cemetery will be
used for fire protection, domestic water in the buildings, and for a proposed future water
fountain.
Service to the Cemetery will be provided through Eagle Water s eight-inch main line
located on the east side of Old Highway 55/Horseshoe Bend Road. Extension of service to the
Cemetery by Eagle Water will require excavation; installation of mains, fire hydrants, and
service meter boxes; bedding; backfill; compaction; inspection; and testing. The estimated
construction cost for this project is between $44 500 and $46 500 plus legal fees, all of which
will be paid by the developer pursuant to Eagle Water s standard "Main Extension Contract.
The proposed expansion will add one customer to Eagle Water s customer base. The estimated
monthly gross revenue from the Cemetery is $30 to $50. Eagle Water proposes to begin
construction in March 2004 and complete construction in April 2004.
ORDER NO. 29429
Eagle Water states that it has an adequate source of supply to provide service to the
Cemetery in a safe and reliable manner. Eagle Water contends that the extension of its facilities
to serve the Cemetery is consistent with the public convenience and necessity. Eagle Water
states that the expansion of service territory and related extension of service will not impact the
Company s revenue requirements.
On January 26, 2004, the Commission issued Notices of Application and Modified
Procedure in Case No. EAG-04-1. The comment deadline was February 13 , 2004. The
Commission Staff was the only party to file comments. Staff recommends that Eagle Water
Application to Amend Its Certificate to serve the Idaho State Veterans Cemetery be approved.
Staff reviewed the legal description of the area that Eagle Water is requesting to
serve, and prepared a map showing its location in relation to the certificated areas of Eagle Water
and United Water Idaho , Inc. The proposed expansion area is partially located within Eagle
Water s existing certificated area. The remainder of the proposed expansion area is within an
uncertificated area. None ofthe proposed expansion area is contiguous to United Water Idaho
certificated area. Staff believes the effect of adding the Cemetery as a customer will be minimal
in terms of demand and quantity of water. Staff believes that the past problems of the Company
in providing sufficient pressure to the adjacent Bonita Hills and Eagle Springs Estates
Subdivisions have been resolved (reference Case No. EAG-00-, Order No. 28513). Staff
does not believe that providing service to the Cemetery will diminish the Company s ability to
provide adequate service to its existing customers.
COMMISSION FINDINGS
The Commission has reviewed the findings of record in Case No. EAG-04-
including the comments and recommendations of the Commission Staff. We continue to find
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.
Eagle Water Company has requested authorization to amend and revise its Certificate
of Public Convenience and Necessity No. 278 to include the Idaho State Veterans Cemetery
(Cemetery). We find that the Company s filing satisfies the Commission certificate
requirements as set forth in IDAPA 31.01.01.112. Based on the filings of record, the Company
representations and Staffs investigation, the Commission finds that the Company has the
capability to provide adequate water service to the Cemetery. We further find that the present
ORDER NO. 29429
and future public interest will be served by issuance of an amended Certificate of Public
Convenience and Necessity to Eagle Water for the requested area. We therefore find it
reasonable to approve Eagle Water s requested expansion of its certificated area.
CONCLUSIONS OF LAW
The Commission has jurisdiction over Eagle Water Company, Inc., a water utility,
and its Application in Case No. EAG-04-1 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
seq.
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. 278 of Eagle
Water Company, Inc. be amended to reflect the addition of the Idaho State Veterans Cemetery
located on Old Horseshoe Bend Road, just north of the Dry Creek Cemetery in Ada County. The
legal description of the property is attached to the Application (Application, Exhibit B). Eagle
Water Company is directed to prepare and file an amended Certificate for Commission approval.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order with regard to any matter decided in this Order. Within seven (7) days
after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code 9 61-626.
ORDER NO. 29429
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this d.O~
day of February 2004.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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ORDER NO. 29429