20040610Final Order No 29526.pdf

Office of the Secretary
Service Date
June 10 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE CANCELLATION
OF CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY NO. 394-HUMPY'S WATERCOMPANY. CASE NO. JHW-O4-
ORDER NO. 29526
On May 24, 2004, the Idaho Public Utilities Commission (Commission) received a
letter from Joe D. Humpherys, certificated owner of Humpy s Water Company, requesting that
Certificate of Public Convenience and Necessity No. 394 be cancelled because the Company
16 customers are now served by the Moreland Water and Sewer District (Water District), PO
Box 986, Blackfoot, Idaho 83221. Certificate 394 was issued to Mr. Humpherys dba Humpy
Water Company on January 23 , 2002. Reference Case No. EMR-OO-, Order No. 28934.
The service area of Humpy s Water Company was the East Moreland Subdivision located in
Blackfoot, Idaho.
The Commission is informed, pursuant to Staff inquiry, that the Moreland Water and
Sewer District has verified that the customers previously served by Humpy s Water Company
are now being served by the Water District.
COMMISSION FINDINGS
The Commission has reviewed and considered the filings of record in Case Nos.
EMR-OO-l and JHW-04-We have also considered the representations of Mr.
Humpherys and Staff regarding the Moreland Water and Sewer District. The Commission finds
that the customers previously served by Humpy s Water Company are now served by the
Moreland Water and Sewer District. The Water District is a political subdivision of the State of
Idaho. Reference Idaho Code ~~ 52-3201 et seq. The Commission s jurisdiction and authority
over water systems derives from statute. Reference Idaho Code, Title 61. Based on our review
of Title 61-Idaho Code, we find that the Commission has no statutory jurisdiction over the
Moreland Water and Sewer District, and no longer has regulatory authority or jurisdiction over
Humpy s Water Company. Reference Idaho Code ~~ 61-104, 61-124, 61-125 and 61-129.
ORDER NO. 29526
Finding that we no longer h~LVe jurisdiction over the service provider and the affected
service territory, we accordingly find it reasonable and appropriate to cancel the Certificate of
Public Convenience and Necessity No. 394, previously issued by this Commission to Joe D.
Humpherys, dba Humpy s Water Company, Blackfoot, Idaho, and to terminate Mr. Humpherys
obligation to provide water service to the related service territory.
CONCLUSION OF LAW
The Idaho Public Utilities Commission has jurisdiction to determine its continued
authority and jurisdiction in this matter pursuant to the authority granted the Commission under
Title 61 of the Idaho Code and the Commission s Rules of Procedure, IDAP A 31.01.01.000
seq.
ORDER
In consideration of the foregoing and as more particularly described above, IT IS
HEREBY ORDERED that Certificate of Public Convenience and Necessity No. 394 issued to
Joe D. Humpherys dba Humpy s Water Company is cancelled and the obligation of Mr.
Humpherys to provide water service to the related certificated area and service territory is
terminated.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order with regard to any matter decided in 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.
ORDER NO. 29526
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of June 2004.
d~,
MARSHA H. SMITH, COMMISSIONER
ATTEST:
D. Jewell
ission Secretary
vld/O:JHWWO401 sw
ORDER NO. 29526