20051109_1387.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DONOVAN E. WALKER
DATE:NOVEMBER 7, 2005
SUBJECT:THE APPLICATION OF KOOTENAI HEIGHTS WATER FOR A
CERTIFICATE OF PUBLIC CONVENIENC AND NECESSITY - CASE
NO. KHW-05-
On August 22, 2005, Kootenai Heights Water System, Inc. (Kootenai Heights
Company) filed an Application for a Certificate of Public Convenience and Necessity
(Certificate) with the Idaho Public Utilities Commission (Commission). On September 2005
the Commission issued a Notice of Application and Modified Procedure establishing a deadline
for written comments of November 10, 2005. On November 1 , 2005 , the parties executed a
Stipulation urging the Commission to suspend the written comment deadline.
BACKGROUND
Kootenai Heights applied for a Certificate to operate a water system in the city
Kootenai, Idaho. Application at 2. The Company states that the system is currently in service
with 6 residential customers and will ultimately serve 11 residential customers. Id. The
requested service area for the water system consists of Lots 7-18 of Kootenai Heights, with the
well located on Lot 10. Application at 1. The Company states that the cost to construct the
system was $83 500.00 including the value of Lot 10. Application at 2. The Application states
that proposed rates and charges, rules, and forms are all contained within the Water Service
Agreement submitted with the Application. Id. The average monthly consumption for the entire
system is 000 gallons, and the Company states that billing will start on October 1 , 2005. Id.
DECISION MEMORANDUM
STIPULATION
After consulting with Commission Staff, the Company wishes to pursue
alternative organizational structures that may effect whether the Commission has regulatory
jurisdiction over it. Given the number of current and potential future customers of the system, as
well as the proposed service territory, investment, etc... Staff recommends that the comment
deadline, currently set at November 10, 2005 , be suspended to allow the Company and Staff
additional time for discussion prior to filing comments.
The Parties have signed a Stipulation (attached) jointly asking the Commission to
suspend the November 10, 2005 comment deadline in this matter so that they may have
additional time to explore alternative organizational structures for the Company. Additionally,
the parties agreed to report the status of this matter to the Commission in 60 days.
COMMISSION DECISION
Does the Commission wish to accept the Stipulation of the parties, and suspend the
comment deadline for this matter? If so, does the Commission also wish the parties to report the
status of this matter in 60 days?
DECISION MEMORANDUM
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BEFORE THE IDAHO PUBLIC UTILffiES ~~~S
l~~ 9:02
. .. '
in PUBLIC
i~Lu..~it~) COt~~\ISSIOH
CASE NO. tUi\W~W:O5-
IN THE MATTER OF THE APPLICATION
OF KOOTENAI HEIGHTS WATER
SYSTEM, INC. FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY JOINT STIPULATION RE:
SUSPENSION OF COMMENT
DEADLINE
On August 22, 2005, Kootenai Heights Water System, Inc. (Kootenai Heights
Company) filed an Application for ' a Certificate of Public Convenience and Necessity
(Certificate) with the Idaho Public Utilities Commission (Commission). On September 30, 2005
the Commission issued a Notice of Application and Modified Procedure establishing a deadline
for written comments of November 10, 2005. With this Stipulation the parties urge the
Commission to suspend the written comment deadline on the Company s Application.
BACKGROUND
Kootenai Heights applied for a Certificate to operate a water system in the city of
Kootenai, Idaho. Application at 2. The Company states that the system is currently in service
with 6 residential customers and will ultimately serve 11 residential customers. Id. The
requested service area for the water system consists of Lots 7-18 of Kootenai Heights, with the
well located on Lot 10. Application at 1. The Company states that the cost to construct the
system was $83,500.00 including the value of Lot 10. Application at 2. The Application states
that proposed rates and charges, rules, and forms are all contained within the Water Service
Agreement submitted with the Application. Id. The average monthly consumption for the entire
system is 31 000 gallons, and the Company states that billing will start on October 1, 2005. Id.
After consulting with Commission Staff, the Company wishes to pursue alternative
organizational structures that may effect whether the Commission has regulatory jurisdiction
over it. Given the number of current and potential future customers of the system, as well as the
proposed service territory, investment, etc... Staff recommends that the comment deadline
currently set at November 10, 2005, be suspended to allow the Company and Staff additional
time for discussion prior to filing comments.
STIPULATION RE: SUSPENSION
OF COMMENT DEADLINE
STIPULATION
The Parties, by their signatures below, hereby jointly ask the Commission to suspend the
November 10, 2005, comment deadline in this matter so that they may have additional time to
explore alternative organizational structures for the Company. The parties agree to report the
status of this matter to the Commission in 60 days.
DATED this 31 sT day of October 2005.
ONOV AN E. WALKER
Deputy Attorney General
Idaho Public Utilities Commission
5~~tfWS1~
GARY A. FINNEY
Attorney for Kootenai Heights Water
STIPULATION RE: SUSPENSION
OF COMMENT DEADLINE
. I
11/01/2005 14: 07 FAX [phone] I4J 0021002FINNEY FINNEY & FINNEY
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STIPULATION
Tho Pam", by tbtir ';-&.lo\V
, hereby jointly II8k !lie COOmUssIon to
!11SpoJ!d !lieNovember 10, 2ooS, """"""'" deadline in this matter so tbat they may have
oddj~ona1 TJme toexplore aI_yo o~ StnIctures fur 1be Company. Tho P&'IiO$ 10 report thestatus of this .matter to the Commission in 60 days.
DATED this 3JST day otOctober 2005.
- NOY AN E. WALKER
Deputy Attorney General
Idaho Public Utilities Cornmission
GARY A.
Attol'D.ClY for
STIPUtA nON RE: SUS:PENS~ON
OF COMMENT DEADLINE