20040211Comments.pdf

SCOTT WOODBURY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
BAR NO. 1895
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
EAGLE WATER COMPANY, INC. TO AMEND
CERTIFICATE OF PUBLIC CONVENIENCEAND NECESSITY NO. 278.
CASE NO. EAG-O4-
COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its
Attorney of record, Scott Woodbury, Deputy Attorney General, and in response to the Notice of
Application, Notice of Modified Procedure and Notice of Comment/Protest Deadline issued on
January 26, 2004 submits the following comments.
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 ~ 61-526; 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).
STAFF COMMENTS FEBRUARY 11 2004
BACKGROUND
Eagle Water represents that the developer of the Idaho State Veteran 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). The water service 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 55IHorseshoe 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.
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 proposed expansion will have no effect on the Company s revenue requirements.
ANALYSIS
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. The map is included as Attachment 1. As shown by the map, 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 of the proposed expansion
area is contiguous to United Water, Idaho s certificated area.
Eagle Water contends that it will not provide water for irrigation of the cemetery grounds
but instead only for fire protection, domestic water in the buildings, and for a proposed future
water fountain. Consequently, Staff believes that 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
STAFF COMMENTS FEBRUARY 11 2004
Estates subdivisions have been resolved (Reference Case No. EAG-00-, ON 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.
RECOMMENDATION
Staff recommends that Eagle Water s application to amend its certificate to serve the Idaho
State Veteran s Cemetery be approved.
Respectively submitted this
/(
~day of February 2004.
Scott Woodbury
Deputy Attorney General
Technical Staff:Rick Sterling
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STAFF COMMENTS FEBRUARY 11 2004
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Attachment A
Case No. EAG-04-
Staff Comments
2/11/04
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 11TH DAY OF JANUARY 2004
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. EAG-04-, BY MAILING A COpy THEREOF, POSTAGE PREPAID
TO THE FOLLOWING:
MOLLY O'LEARY
RICHARDSON & O'LEARY PLLC
PO BOX 1849
EAGLE ID 83616
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/k-0.-SECRET Y
CERTIFICATE OF SERVICE