20070117notice_of_stipulation.pdf

Office of the Secretary
Service Date
January 17 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ALLOCATING THE
UNCERTIFICA TED WATER SERVICE
TERRITORY IN THE VlCINITIY OF EAGLE, )IDAHO. CASE NO. GNR-O4-
NOTICE OF STIPULATION
NOTICE OF
MODIFIED PROCEDURE
NOTICE OF
COMMENTIPROTEST DEADLINE
Background
On October 14, 2004, the Commission issued Order No. 29610 addressing service
territory issues raised by Eagle Water Company, Inc.s ("Eagle Water ) Application to Amend
its Certificate of Public Convenience and Necessity in Case No. EAG-04-02. Following a
comment period and oral argument, the Commission ultimately approved a settlement reached
by Eagle Water and United Water Idaho Inc. ("United Water ) to allocate the five parcels in
question between the two companies. In regard to William and Ellene Parr s request for water
service and the need for a comprehensive allocation of uncertificated territory in the growing
community of Eagle, the Commission wrote:
We understand that the parties are working with William and Ellene Parr to
determine if and how water service can be provided to their property. The
Commission asks that the parties keep us informed as to the status of the
Parrs' request for service. Finally, we open a new docket in Case No. GNR-
W -04-1 to consider allocation of the uncertificated service territory in the
Eagle area. The Commission directs Staff to establish workshops to work
through the requisite issues of such an undertaking. Tr. at 17-, 20-21.
Order No. 29610 at 3.
On November 19, 2004, a workshop to investigate issues related to the allocation of
the uncertificated service territory in the Eagle area, including the property owned by William
and Ellene Parr, was held in Boise, Idaho. What followed was an informal stay of proceedings
allow Eagle Water Company and United Water Idaho an opportunity to negotiate a proposed
split of the uncertificated area.
NOTICE OF STIPULA nON
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
On December 30, 2004, the Commission awarded intervenor status to the City of
Boise in Case No. GNR-04-01. Order No. 29671.
Stipulation and Proposed Allocation
On January 4 , 2007, United Water and Eagle Water filed a Joint Motion with the
Commission requesting approval of a proposed Stipulation and division of the uncertificated
territory. See Exhibit attached. The proposed Stipulation and division is prompted by
additional requests for service. The proposed division results in an approximately equal division
of the uncertificated area. In consequence, potential customers within the area will be able to
obtain service from the utility closest to the their location, thus minimizing line extension
charges for those potential customers.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of
record in Case No. GNR-04-01. The Commission has preliminarily found that the public
interest in this matter may not require a hearing to consider the issues presented and that issues
raised by the Joint Motion and proposed Stipulation may be processed under Modified
Procedure , by written submission rather than by hearing. Reference Commission Rules of
Procedure, IDAP A 31.01.01.201-204.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or
protests with respect to the Joint Motion and proposed Stipulation and the use of Modified
Procedure in Case No. GNR-04-01 is Friday, February 9, 2007.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the deadline, the Commission may consider the matter on its merits and may
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 IDAP
31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case
No. GNR-04-01 should be mailed to the Commission , United Water Idaho Inc., Eagle Water
Company and the City of Boise at the addresses reflected below.
NOTICE OF STIPULATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
For United Water Idaho:
Dean 1. Miller
McDevitt & Miller, LLP
420 West Bannock Street
PO Box 2564 (83701)
Boise, ID 83702
E-mail: Joe(Q),mcdevitt-miller.com
For Eagle Water Company:
Molly O'Leary
Richardson & O'Leary, PLLC
515 N. 27th Street
Boise, ID 83702
E-mail: molly~richardsonandoleary.com
For City of Boise:
Charles R. Mickelson, P.
Director Public Works Department
City of Boise
150 N. Capitol Boulevard
PO Box 500
Boise, ID 83701-0500
E-mail: iquinn~cityofboise.org
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 home page located at www.puc.idaho.gov. Click the "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to United Water, Eagle Water and the City of
Boise at the e-mail addresses listed above.
YOU ARE FURTHER NOTIFIED that the filings in Case No. GNR-04-01 may
be viewed at www.puc.idaho.gov by clicking on "File Room" and "Water Cases " or can be
viewed during regular business hours at the Idaho Public Utilities Commission, 472 West
Washington Street, Boise, Idaho and the general business offices of United Water Idaho Inc.
8248 West Victory Road , Boise , Idaho and Eagle Water Company, 846 North Eagle Road
Eagle, Idaho.
NOTICE OF STIPULATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
DA TED at Boise, Idaho this /7
t1...day of January 2007.
~~/~
Commission Secretary
N:GNR-O4-01 sw
NOTICE OF STIPULATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
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