HomeMy WebLinkAboutappntc.mod.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
in the matter of THE PROPOSED SALE OF THE HAPPY VALLEY WATER SYSTEM. )
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) CASE NO. HVW-W-01-01
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
YOU ARE HEREBY NOTIFIED that on June 4, 2001, the Idaho Public Utilities Commission (Commission) received a letter notice requesting a transfer of the Certificate of Public Convenience and Necessity for the Happy Valley Water System. Joseph and Donna Brammer are the current certificate holders. The new owner is Brett McCarty. Reference Idaho Code § 61-526; IDAPA 31.01.01.112. The Application sets forth the general terms of purchase and includes the qualifications of Mr. McCarty for ownership and management of the community water system.
The Happy Valley Water System is a public water utility providing water service to the following described existing service territory: an approximate 1/2 square mile area located approximately 3 miles west of U S Highway 95 in Kootenai County, Idaho, on the north side of Hayden Avenue between Huetter Road and Meyers Road, said area including all of the south half of Section 17, Township 51 North, Range 1 West, Boise-Meridian. Reference Idaho Code §§ 61-124, 61-129.
The Happy Valley Water System serves 25 residential customers on lots ranging in size from five (5) to ten (10) acres each. The Brammers operate and provide water service under Certificate of Public Convenience and Necessity No. 364. Reference Case No. HVW-W-99-1, Order No. 28183 issued October 19, 1999.
Under the terms of the negotiated exchange, the system has been sold to Brett McCarty for $10,000. Mr. McCarty resides adjacent to the subdivision within which the Happy Valley Water System provides service. Mr. McCarty’s mailing address is: 10035 North Memory Lane, Rathdrum, Idaho 83858. As reflected in the letter filing, Mr. McCarty possesses the following qualifications for ownership and management of the Happy Valley Water System:
1. Nationally certified water well driller, nationally certified pump installer, by the National Ground Water Association.
2. Licensed well drilling contractor and licensed drilling rig operator in both Washington and Idaho.
3. Licensed as a Specialty Electrical Contractor, and Specialty Plumbing Contractor and a licensed journeyman specialty electrician and journeyman specialty plumber in Idaho.
4. Certified in Spokane County for water sampling of public and private water systems.
5. Published author on ground water industry related topics.
6. President of the Idaho Ground Water Association.
7. Chairman of the Construction Rules Committee of the Idaho Ground Water Association.
8. Active member of the Government Affairs Committee of the National Ground Water Association.
9. Lobbyist for ground water related issues in Washington, D.C.
10. Public speaker on ground water education, electrical codes. (Guest speaker at the 1996 National Ground Water Association’s Annual Convention in Las Vegas, and many other speaking and teaching engagements for Idaho and Washington conferences)
11. President of McCarty Drilling & Pump, Inc. (a water well drilling and pump systems contractor, and water treatment contractor).
The proposed transfer of certificate is contingent on and subject to Commission approval.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. HVW-W-01-01. The Commission has preliminarily determined that the public interest regarding transfer of the underlying Certificate of Public Convenience and Necessity for the Happy Valley Water System 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. HVW-W-01-01 is Friday, July 6, 2001. Persons desiring a hearing must specifically request a hearing in their written protests 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. HVW-W-01-01 should be mailed to the Commission and to the existing and proposed certificate holders for the Happy Valley Water System 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 JOSEPH AND DONNA BRAMMER
PO BOX 1270
RATHDRUM, IDAHO 83858-1270
And
BRETT McCARTY
10035 N. MEMORY LANE
RATHDRUM, IDAHO 83858
All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application in Case No. HVW-W-01-01 can be reviewed at the Commission’s office during regular business hours.
DATED at Boise, Idaho this day of September 2001.
PAUL KJELLANDER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
Jean D. Jewell
Commission Secretary
Vld/N:HVW-W-01-01_sw
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE 1
Office of the Secretary
Service Date
June 18, 2001