20040714Reply Comments of United Water.pdf

ORIGINAL
ECEiVED (3)
Dean 1. Miller
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-8370 I
Boise, Idaho 83702
208.343.7500
208.336.6912 (Fax)
l::-LED
"iO!"'H- f!. L D~A t.UUi ..11
. .. q
. : 54
, iT" f
. ~ -
\- ! c
j .
!~: L ;) tILl Ilt.~ CUflf'JlSSION
Attorneys for United Water Idaho Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
F:A&
IN THE MATTER OF THE APPLICATION Case No.~I-O4-
OF EAGLE WATER COMPANY, INC. TO
AMEND ITS CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY NO. 278
REPL Y COMMENTS
UNITED WATER ID AH 0 INC.
COMES NOW United Water Idaho Inc., (United) and submits the following Reply
Comments to the Staff Comments dated June 29 , 2004.
United concurs in Staffs observation that:
. . .
Staff believes that further apportionment of uncertified areas surrounding Eagle
is ripe for a decision. Areas around Eagle are rapidly growing and it is just a
matter of time before the Commission will be required to make decisions about
which company will provide service. Presumably, both utilities would benefit by
knovving in advance the reasonable extent of their service areas so that nearby
facilities could be planned and sized accordingly. A piecemeal approach to
awarding certificated areas may not be in the best interests of the customers of
either utility. (Staff Comments at pgs 3-4).
United, ho\\Tever, is not optimistic about the likely success of Staffs suggestion that
United and Eagle Water "try to negotiate apportionment of un certificated areas in the vicinity of
Eagle." At a recent informal conference between United, Eagle Water and the Commission
Staff, United presented such a suggestion. Eagle Water, however, declined the invitation at that
time. Moreover, as the Commission is aware, the working relationship between United and Eagle
Water is, regrettably, less than harmonious.
REPL Y TO STAFF COMMENTS Page
Rather, United recommends 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 suggests that an intervention deadline be set, thus giving other
interested parties , including the City of Eagle, the opportunity to participate. Thereafter, the
Commission should quickly convene a pre-hearing conference to more precisely identify the
matters at issue and develop a procedure for resolving them.
In that regard, United is investigating its ability to serve the specific customers requesting
service in this case. United's preliminary investigation reveals the following: United has an
existing 16 inch water main in place fronting the entire area in question along the east side of
Old Highway 55/Horseshoe Bend Road. This mainline fronts the two Troutner parcels in
addition to the Dry Creek Cemetery Maintenance
District off Old Highway 55/Horseshoe Bend Road. Service lines up to 2 inch
diameter can be installed at no charge to the customer under United's Rules and Regulations.
Along Hill Road, the McKay property, as well as the property currently being developed as the
Northwest Bible Church, are also fronted. There is an existing 12 inch stub line located at the
entrance to McKay Construction at 10512 Hill Road. Since this property is "landlocked", United
presumes McKay Construction has an ingress/egress agreement for access. Service for these two
properties can be provided from the 12 inch stub line or at any other point along Hill Road where
the mainline fronts the property.
By the time of a pre-hearing conference United will be able to provide definitive
information regarding its ability to serve these potential customers. If there is some urgency of
expeditiously getting service to these customers, the Commission could direct United to provide
service at that time.
REPLY TO STAFF COMMENTS Page 2
Respectfully submitted this
\\\
day of July, 2004.
United Water Idaho Inc.
bean J. . ler
Attorneys for United Water Idaho Inc.
REPLY TO STAFF COMMENTS Page 3
CERTIFICATE OF SERVICE
I hereby certify that on tht;.ay of July, 2004, a true and correct copy of the foregoing
document was served, by the methodes) indicated below, upon the following:
Molly O'Leary, Esq.
RICHARDSON & O'LEARY
99 East State Street
O. Box 1849
Eagle, Idaho 83616
Fax: [phone]
Hand Delivered
S. Mail
Fax
Fed. Express
Robert Deshazo
Eagle Water
O. Box 455
Eagle, Idaho 83616-0455
Hand Delivered
S. Mail
Fax
Fed. Express
5?f~~
REPLY TO STAFF COMMENTS