20040806Notice of Prehearing Conference Order No 29560.pdf

Office of the Secretary
Service Date
August 6, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
EAGLE WATER COMPANY, INC. TO AMEND
ITS CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY NO. 278.
) CASE NO. EAG-04-
) N OTI CE OF PREHEARIN G
CONFERENCE
) NOTICE OF INTERVENTION
DEADLINE
ORDER NO. 29560
On May 21 , 2004, Eagle Water Company, Inc. (Eagle Water; Company) filed an
Application with the Idaho Public Utilities Commission (Commission) requesting authorization
to amend its Certificate of Public Convenience and Necessity No. 278 by extending the boundary
of the area in which it is authorized to provide service. This proposed expansion is located in
Ada County just east of Old Highway 55/Horseshoe Bend Road and immediately south of the
Farmers Union Canal. Both Eagle Water and United Water Idaho Inc. (United Water) have the
capability to serve the five parcels that are the subject of Eagle Water s Application. On June 8
2004, the Commission issued a Notice of Application, Modified Procedure and Comment
Deadline in this case. Order No. 29519. The Commission Staff filed Comments, to which
United Water and Eagle Water replied. In this Order, the Commission sets an intervention
deadline and schedules a prehearing conference as described in greater detail below.
SUMMARY OF COMMENTS
Given that both utilities have the capability to serve the requested parcels, Staff
believes the Commission should consider which utility would provide the best service to
customers over the long term.Because of Eagle Water s apparent ongoing problems in
providing adequate pressure in the vicinity, Staff indicated that United Water possesses greater
capability to provide the best service to the requested properties without diminishing service to
its existing customers. In addition to recommending denial of Eagle Water s Application, Staff
suggested that Eagle Water and United Water should negotiate further apportionment of
uncertificated areas surrounding Eagle and seek a new docket to resolve any areas that cannot be
agreed upon.
NOTICE OF PREHEARING CONFERENCE
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 29560
United Water was not optimistic that United Water and Eagle Water could
successfully negotiate apportionment of the uncertificated areas in the Eagle area. Instead
United Water recommended that the scope of this proceeding be expanded to include assignment
of the remaining uncertified areas, including the customers requesting service in this case, to the
utility best able to serve. To that end, United Water recommended the Commission quickly
convene a prehearing conference to more precisely identify the matters at issue and develop a
procedure for resolving them. In the event the Commission adopts this recommendation, United
Water filed a Motion to Intervene in this case on July 15 , 2004. By the time of a prehearing
conference United Water indicated it would provide definitive information regarding its ability to
serve these potential customers.
Eagle Water s Reply Comments presented a chronological account of the events
leading up to the temporary reduction in water pressure, which it believes demonstrates that
Eagle Water acted responsibly in addressing a temporary problem that was not of its making.
Eagle Water noted its commitment to getting its booster line back in service as expeditiously as
possible and requested that the Commission honor the requests of the landowners that are the
subject of its Application to allow Eagle Water to provide service to them. Finally, Eagle Water
does not believe that the current proceeding is the appropriate venue for making broad policy
decisions regarding future service of customers in the Eagle, Idaho area. Therefore, Eagle Water
suggested that the appropriate time for the Commission to take up the broader issue of allocating
service territory in the Eagle area is after the two companies have filed rate cases later this year
to bring their service revenue in line with current service costs.
NOTICE OF INTERVENTION DEADLINE
YOU ARE HEREBY NOTIFIED that persons desiring to intervene in this matter
for the purpose of presenting evidence or cross-examining witnesses at hearing must file a
Petition to Intervene with the Commission pursuant to this Commission s Rules of Procedure
72 and 73, IDAP A 31.01.01.072 and -073. Persons intending to participate at the hearing must
file a Petition to Intervene on or before Friday, September 3, 2004. Persons desiring to present
their views without parties' rights of participation and cross-examination are not required to
intervene and may present their comments without prior notification to the Commission or the
parties.
NOTICE OF PREHEARING CONFERENCE
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 29560
YOU ARE FURTHER NOTIFIED that all hearings will be conducted pursuant to the
Rules of Procedure adopted by the Idaho Public Utilities Commission. IDAP A 31.01.01.000
seq.
NOTICE OF PREHEARING CONFERENCE
Based upon our review of the Comments, the Commission finds that it does not have
adequate information to make a decision on Eagle Water s Application at this time. Thus we
find it is appropriate to schedule a prehearing conference in this matter to: 1) outline the issues
the parties feel need to be addressed by the Commission, 2) take oral argument on whether it is
necessary to commence a proceeding to allocate service area, 3) determine the nature of cost data
required for the Commission to make an informed decision, 4) assess the ability of both parties
to provide service of the quality expected by customers, and 5) discuss an appropriate schedule
to process this case.
YOU ARE FURTHER NOTIFIED that the Commission has scheduled a prehearing
conference to convene at 9:30 A.M.~ SEPTEMBER 22~ 2004~ IN THE COMMISSION'
HEARING ROOM LOCATED AT 472 W. WASHINGTON STREET~ BOISE~ IDAHO
83702 (334-0330)
YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences in
this matter will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA). Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at a public hearing
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5) working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary(fYpuc.state.id.
NOTICE OF PREHEARING CONFERENCE
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 29560
YOU ARE FURTHER NOTIFIED that the Application and its exhibits have been
filed and are available for public inspection during regular business hours at the Commission
offices. The Application and exhibits are also available on the Commission s website at
www.puc.state.id.under the "File Room" icon.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted pursuant to
the Rules of Procedure adopted by the Idaho Public Utilities Commission. IDAPA 31.01.01.000
et seq.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Title 61 and specifically Idaho Code 99 61-503 , 61-508, and 67-6528.
ORDER
IT IS HEREBY ORDERED that the foregoing scheduling be adopted and that the
parties appear at the prehearing conference on September 22 2004 at 9:30 a.
IT IS FURTHER ORDERED that United Water Idaho Inc.s Petition to Intervene is
granted.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this G,
day of August 2004.
;J; PAUL KJELL ER, PRESIDENT
~~.
J~JLl\RSHA H. SMITH, COMMISSIONER
Out of the Office On this Date
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
Commission Secretary
0: EAGWO402 In2
NOTICE OF PREHEARIN G CONFERENCE
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 29560