28183.doc

BEFORE 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-99-1

ORDER NO. 28183

On August 31, 1999, the Idaho Public Utilities Commission (Commission) received a letter from Mr. Ivan Dunnick on behalf of his sons, Jon and Richard Dunnick, owners of the Happy Valley Water System. The letter requests Commission approval of the sale of the water system to Joseph and Donna Brammer. Reference Idaho Code § 61-526; IDAPA 31.01.01.112. Mr. Dunnick’s Application is accompanied by a copy of the related Purchase Agreement.
The Happy Valley Water System is a public water utility providing water service to the following described existing service territory: an approximate ½ square mile area located approximately three 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 ½ 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 Dunnick’s operate and provide water service under Certificate of Public Convenience and Necessity No. 339. Reference Case No. HVW-W-98-1, ON 27501 issued May 4, 1998. The Dunnick’s became owners of the system when the previous owner defaulted on a loan for which the water system had been pledged as collateral. The Dunnick’s live in Bonners Ferry.
Under the terms of the Purchase Agreement, the system will be sold to Joseph and Donna Brammer for $17,000. Mr. and Mrs. Brammer are residents of the subdivision within which the Happy Valley Water System provides service. Their mailing address is: P.O. Box 1270, Rathdrum, Idaho 83858-1270. Mr. Brammer has been helping with on-site maintenance and repair of the system, checking the pump on a daily basis, collecting water samples and for all practical purposes has functioned as the local contact for the customers. The Purchase Agreement is contingent on and subject to Commission approval.
On September 17, 1999, the Commission issued Notices of Application and Modified Procedure in Case No. HVW-W-99-1. Individual copies of the Commission’s Notice were provided to all customers. The deadline for filing written comments was September 17, 1999. The Commission Staff was the only party to file comments.
Staff recommends that the sale and transfer be approved, that the existing Certificate No. 339 be cancelled and that a new Certificate be issued to Joseph and Donna Brammer dba Happy Valley Water System. Reference Idaho Code §§ 61-526, 61-528; IDAPA 31.01.01.112. Staff has provided the Brammers with information on the Future Water System Operator Certification Program as well as contacts at the Idaho Department of Health and Welfare, Division of Environmental Quality.

COMMISSION FINDINGS
The Commission has reviewed and considered the filings of record in Case No. HVW-W-99-1. Based on the established record we find that reasonable and sufficient grounds exist to cancel the existing Certificate of Public Convenience and Necessity No. 339 of Jon and Richard Dunnick, owners of the Happy Valley Water System and to issue a new Certificate of Public Convenience and Necessity No. 364 for the Happy Valley Water System to Joseph and Donna Brammer. We further find that the present and/or future public convenience and necessity requires issuance of said Certificate. Reference Idaho Code §§ 61-526, 61,528; IDAPA 31.01.01.112.
We further find that the previously established rates and charges for the Happy Valley Water System continue to be fair, just and reasonable. Reference Commission Order No. 27142.
We further find it reasonable that the Brammers be required to adopt and implement the Commission’s Consumer Relations Rules, the Commission’s Utility Customer Information Rules, and an accounting system consistent with the information required by the Commission’s Annual Report for small water companies.

CONCLUSIONS OF LAW
The Idaho Public Utilities Commission has authority and jurisdiction over the Happy Valley Water System, a water utility and the issues raised in Case No. HVW-W-99-1, pursuant to Title 61 of the Idaho Code and the Rules of Procedure, IDAPA 31.01.01.000 et seq.

O R D E R
In consideration of the foregoing and as more particularly described above, IT IS HEREBY ORDERED and the Commission does hereby cancel Certificate of Public Convenience and Necessity No. 339 previously issued to Jon and Richard Dunnick dba Happy Valley Water System.
IT IS FURTHER ORDERED and the Commission does hereby issue Certificate of Public Convenience and Necessity No. 364 to Joseph and Donna Brammer dba Happy Valley Water System.
IT IS FURTHER ORDERED and the Commission does hereby direct that the rates and charges previously approved for the Happy Valley Water System continue in effect. The Brammers are required to file tariff sheets consistent with this Order.
IT IS FURTHER ORDERED and the Brammers are required to adopt and implement the Commission’s Consumer Relations Rules, the Commission’s Utility Customer Information Rules, and an accounting system consistent with the information required by the Commission’s Annual Report for small water companies.
IT IS FURTHER ORDERED and the Brammers are required to inform their customers of the Commission’s approved rates and policies.
IT IS FURTHER ORDERED and the Brammers are required to make written petition or application to the Commission prior to any proposed change in ownership of the Happy Valley Water System.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-626.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this _______ day of October 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:HVW-W-99-1_sw

ORDER NO. 28183 1

Office of the Secretary
Service Date
October 19, 1999