modproc.app.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE SALE OF THE EAST MORELAND WATER COMPANY (CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NO. 244) BY W. WESLEY BREWER AND ISSUANCE OF A NEW CERTIFICATE FOR THE SERVICE AREA TO JOE D. HUMPHERYS, DBA HUMPY’S WATER COMPANY

)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. EMR-W-00-1

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

NOTICE OF
COMMENT/PROTEST DEADLINE

YOU ARE HEREBY NOTIFIED that on July 16, 2001, the Idaho Public Utilities Commission (Commission) received a request from W. Wesley and Adelyn Brewer, the current Certificate holder (Certificate No. 244) for the East Moreland Water Company (Company) to transfer the Certificate to Jody and April Taylor and/or Joe and Star Humpherys. Reference Buy/Sell Agreement dated January 26, 2001; Idaho Code § 61-526; IDAPA 31.01.01.111. The Company is located in Blackfoot, Idaho and provides water service to 16 customers.
Background
In a real estate transaction last year between Jody Taylor and Joe & Staralee Humpherys both of Blackfoot, Idaho, it was discovered that Taylor’s house was constructed over the property line of the East Moreland Water Company well lot. Wesley Brewer, the owner of the East Moreland Water Company, refused to sell a portion of the lot. Mr. Brewer was willing, however, to sell the entire water system including the well lot. Negotiations ensued to transfer the water company. A Buy/Sell Agreement (Agreement) was executed on January 26, 2001. Under the Agreement the water system was sold by W. Wesley and Adelyn Brewer (vendors) to Jody and April Taylor (purchasers) and Joe and Star Humpherys (assignees). As assignee, Joe D. Humpherys will be the owner/operator of the water system serving the East Moreland subdivision which will after issuance of a new Certificate be called Humpy’s Water Company, 205 North 650 West, Blackfoot, Idaho 83221, telephone number [phone] or [phone].
As reported, Humpherys has contracted with Taylor Construction to provide maintenance. He has also contacted the Idaho Department of Environmental Quality for water quality testing requirements, and contacted a testing company to perform the tests. Wesley Brewer has indicated he is willing to assist Humpherys with the initial operation of the East Moreland Water Company. Humpherys has indicated that he has proof of technical, financial, and managerial ability to own and operate a small water system. No change in tariff rates is requested.
The Commission is apprised that following execution of the Buy/Sell Agreement, the Moreland Water and Sewer District (Water District) was formed. The Water District is developing a water and sewer system that is expected to be completed by the fall of 2002. The area to be served by the Water District includes the East Moreland subdivision.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. EMR-W-00-1. The Commission has preliminarily determined that the public interest regarding the sale of East Moreland Water Company and issuance of a new Certificate to Joe Humpherys may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. Reference Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. Reference IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to the Application and the Commission’s use of Modified Procedure in Case No. EMR-W-00-1 is Friday, November 16, 2001. Persons desiring a hearing must specifically request a hearing in their written protest or comments.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the issue on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order based on the written positions before it. Reference IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. EMR-W-00-1 should be mailed to the Commission, W. Wesley Brewer, and Joe Humpherys at the addresses reflected below:

COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, ID 83702-5983 EAST MORELAND WATER COMPANY
W. WESLEY BREWER
671 WEST 200 NORTH
BLACKFOOT, ID 83221-5408

JOE D. HUMPHERYS
205 NORTH 650 WEST
BLACKFOOT, ID 83221

GARRETT H. SANDOW
145 W. IDAHO ST.
BLACKFOOT, ID 83221
E-Mail: [e-mail]

Attorney for Joe Humpherys

All comments should contain the case caption and case number shown on the first page of this document. Persons desiring to submit comments via e-mail may do so by accessing the Commission’s homepage located at www.puc.state.id.us under the heading of “Contact Us.” Once at the “Contact Us” page, select “E-Mail Case Comments or Questions,” fill in the case number as it appears on the front of this document and enter comments. These comments should also be sent to the Applicant at the e-mail addresses listed above.
YOU ARE FURTHER NOTIFIED that the Application in Case No. EMR-W-00-1 can be reviewed at the Commission’s office during regular business hours.

DATED at Boise, Idaho, this day of October 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

bls/N:EMRW001_sw

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE 1

Office of the Secretary
Service Date
October 29, 2001