20060922Comments, objection, request hearing.pdf

GARY A. FINNEY
FINNEY ~INNEY & FINNEY , P. A.
Attorneys at Law
Old Power House Building
120 East Lake Street , Suite 317
Sandpoint , Idaho 83864
Phone: [phone]Fax: [phone]
ISB No. 1356
RECEIVED
200b SEP 22 ~M 8: \ 0
" i\L;(1 PUG!L.I(,nr\ ~ .
' '
SIONUTILITiES COf',~M ;:,
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF KOOTENAI
HEIGHTS WATER SYSTEM , INC. FOR
A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY.
COMMENTS AND OBJECTIONS TO
PROPOSED ORDER AND REQUEST FOR
EVIDENTIARY HEARING
Case No. KHW-W-05-01
COMES NOW KOOTENAI HEIGHTS WATER SYSTEM , INC., by and
through its counsel , Gary A. Finney of Finney Finney & Finney,
P ., and makes the following comments , objections , and request
for an evidentiary hearing, as follows:
The Company objects to jurisdiction of the Idaho
Public Utili ties Commission as the Company is not a public
utility.The Company only supplies water to those limi ted
number of people , or their successors , who purchased a Lot in
Kootenai Heights Subdivision , for Lots 7-9 and 11-18.In ' other
words , purchase of real estate by these persons consisted of a
newly constructed residence on all of the Lots.N. McGhee and
Mickie McGhee owned the LOTS and had the residences constructed
COMMENTS AND OBJECTIONS TO PROPOSED ORDER AND
REQUEST FOR EVIDENTIARY HEARING - 1
over a period of time , and a purchase of the real estate from
McGhee included a water hookup to the Company s water system.
The Company is also owned by F. N. McGhee and Mickie McGhee.The
only way to receive water service from the Company was to
purchase a residential lot , served by the Company.
All of the Lot Purchasers at the time of the Lot
Purchase entered a separate written contract entitled Kootenai
Heights Water Service Agreement and Easement which agreement
passes with the Lot (real estate) to successive owners.The
aforesaid water agreement is a written contract.The Company
enjoys the constitutional right of freedom of private contract.
For the Commission to change the Contract , it would create a
breach of contract with potential damages resulting.
The Agreements (Contracts) are fair and reasonable.
The facts stated in the Proposed Order are greatly in
error.The area of service in the City of Kootenai.Kootenai
has never furnished water service.In the very close area the
Ci ty of Sandpoint furnishes water , but refuses to furnish water
to the Lots in Kootenai Heights that are served by the Company.
The City of Sandpoint does not furnish water at a
fixed monthly rate of $7., but rater it is $22.81.Likewise
water usage over 6 000 gallons per month is at $2.26 per
thousand up to 50 000.Attached hereto is the Sandpoint Water
Rate - Out of Town.Also attached is a copy of an actual
Sandpoint water billing.
COMMENTS AND OBJECTIONS TO PROPOSED ORDER AND
REQUEST FOR EVIDENTIARY HEARING - 2
The only other water provider in the area in addition
to Sandpoint, is the Oden Water Association , whose rate
schedule , also attached , is $47.00 per month for 8000 gallons
and $2.00 per 1000 gallons over 8 000.
In Bonner County, the City of Dover is $27.50 minimum
per month and the Southside Water District is $28.00.
Oden Water , City of Dover , and Southside District do
not read meters "in the winter months Because of snow on the
surface and ground water in the meter installations reading
meters every month is unreasonable and cost prohibitive to the
Users.
To date , the Company has not billed any User for
overage.All of the Users are apparently satisfied customers
and the IDUC Proposed Order will cost them more money and is
unreasonable and unnecessary.
WHEREFORE , the Company requests that the rates and charges
be left as in the Company and User s Contract Agreement, without
change , and for an evidentiary hearing thereon.
DATED this U~y of September , 2006.
~ f4
GARY FINNEY
Att
~~y
for Compan~
COMMENTS AND OBJECTIONS TO PROPOSED ORDER AND
REQUEST FOR EVIDENTIARY HEARING - 3
CERTIFICATE OF MAILING
hereby certify that the ORIGINAL of the foregoing was
mailed , postage prepaid , this day of September , 2006 and wasaddressed to:
Idaho Public utili ties Commission
O. Box 83720
Boise , ID 83720-0074
AND
hereby certify tha t true andforegoing was mailed postage prepaid
September , 2006 and was addressed to:
correct ",c~ of thethis ~~r- day of
Kootenai Heights Water System , Inc.
O. Box 1925
Sandpoint , ID 83864
By:~~a ~jo /
Christine Eberley
COMMENTS AND OBJECTIONS TO PROPOSED ORDER AND
REQUEST FOR EVIDENTIARY HEARING - 4
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~--'--'--~~---.-----~---~-- .- - .".",-.--,-,-- -.---'-'-'--"""----
PROI"EFn'Y ADDRE8t,
212 BOISE 3'CYCLE SECTION ACCOUN1IJO,01 103 MCGOO31FROM TO'
01/16/200~ 02/15/20
_lIlj:r:.:I:r"'."~:!:I":Tf,1~'fl1r1 , UIII-:II'J\HIiII
ILITY BILL Nil. 605S 425
.:,::1 .II:~
~~~
;r.!.)..~1
~~.~
C~S!OMER~~~E~ADPRESS
, .,
FLOYD MCGHEEJ
212 BOISE ST
j(Ct)tMc? ;z:d.1lt,tJ
CYCLE' $ECTION Sf,;QUENCE NO: "
. .,
01 103 0000300530 EVIOUS BALANCE (PB)MUST BE PAID IMMEDIATELV~~C
8g~T r~
' "
, BILLING ~ATE IG 1/2 0 0
O3/25/2006'"PAY1'HIS
,. "
37;81"'UNG DATE
'""
:"k'1 AFTER 'IATE"",,"NT 03/01/2006 . 22. 81 : $15,00 "N"':': ADDED MONTHLY TO PAST.OUEAGCOU""
d:3~512006 ' PAYTI'IIS . 37 ,at' ' FLOYD MCGHI~E:
, ' , , ,
" LATEAMT.
" .
c/o GEORGE HALE:Y
$15.00 PENALTY ADDED MONTHLY POBOX 1925
TO PAST-DUE ACCOUNTS SANDPO1N'l' 1D 83864
CITY OF SANDPOINT
1123 LAKE 8T.
SANDPOINT, IDAHO 83864
TEMP. . RETURN SERVICE REQUESTED
3965
---
~RC Qim
;;--
I ~IRST eLl,S5 M,
~!L I
S, POSTAGE PM)
I SANOPOINT, 10 838641
PERMIT NO.
630.22.
~t.)" ~11"\1\1 111 111111 111 n IlI",l1llld 11111 11111111
Sep 05 06 03: 06p Car 1 and Rand~ Poe stra 208-263-0289 p. 1
Oden Water Association, Inc.
1790 E. Shingle Mill Rd
Sandpoint, Idaho 83864
To Floyd McGhee:
Here are Oden Water s rate schedule:
New Hook-up Fee $7800.
Monthly Membership Fee $47.00 per month for 8000 gallons
Whether water is used or not.
Overage is at a rate of 2.00 per 1000 gallons
Carla Poelstra
Bookkeeper