20050930notice of application order no 29877.pdf

Office of the Secretary
Service Date
September 30, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF KOOTENAI HEIGHTS WATER
SYSTEM, INC. FOR A CERTIFICATE OF
PUBLI C CO NVENIEN CE AND NECESSITY NOTICE OF APPLICATION
CASE NO. KHW-O5-
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 29877
On August 22, 2005 , Kootenai Heights Water System, Inc. (Kootenai Heights
Company) filed an Application for a Certificate of Public Convenience and Necessity with the
Idaho Public Utilities Commission (Commission). The Company submitted various
supplemental documents with its Application including: a map of the proposed service area, a
Water Service Agreement and Easement fonn, documents evidencing the incorporation of the
Company, a copy of the contract with its Certified Operator, a copy of a Clarification-
Modification of the Plat for Kootenai Heights, and a letter from the Department of
Environmental Quality (DEQ) evidencing conditional approval of the as-built plans. With this
Order the Commission authorizes the use of Modified Procedure and establishes a deadline for
the submission of comments and/or objections.
THE APPLICATION
YOU ARE HEREBY NOTIFIED that according to the Company s Application the
water system is currently in service with six residential customers connected to the system.
Application at 2. The Company states that the system will ultimately serve 11 residential
customers. Id. The requested service area for the water system consists of Lots 7-18 of
Kootenai Heights, with the well located on Lot 10. Application at 1. The Company states that
the cost to construct the system was $83 500 including the value of Lot 10. Application at 2.
The average monthly consumption for the entire system is 31 000 gallons, and the Company
states that billing will start on October 1 , 2005. Id. The Application states that proposed rates
and charges, rules, and fonns are all contained within the Water Service Agreement submitted
with the Application. Id.
NOTICE OF APPLICATION
NOTICIE OF MODIFIED PROCEDUREORDER NO. 29877
YOU ARE FURTHER NOTIFIED that the Water Service Agreement and Easement
(WSA) states that the system was developed to provide water "to certain Lots in Kootenai
Heights and for further development of additional land and lots in the sole discretion of the
Water Provider.WSA at 1. The WSA further provides that each lot shall pay a hook-up fee of
000, and that rates will be $40 per month up to 10 000 gallons, and $4.00 per thousand
gallons used over 10 000 gallons per month. WSA at 2. Each customer will be metered, with
the cost of the meter and its installation paid by the Company. Id. The Agreement states that
monthly rates will not be increased for the first five years. WSA at 2-3. Additionally, the
Agreement states that monthly bills will not be sent, and the lot owner shall pay the monthly fee
on the 1 st day of each month. WSA at 3. Billings will be sent to customers twice a year, on or
about May 1 and October 1 , for the purpose of computing and billing any excess water usage
over the allowed 10 000 gallons per month. WSA at 3-
YOU ARE FURTHER NOTIFIED that the Company s Application together with
supporting workpapers, testimonies and exhibits (if any), have been filed with the Commission
and are available for public inspection during regular business hours at the Commission offices.
The Application and testimonies are also available on the Commission website at
www.puc.idaho.gov under the "File Room" icon and then "Water Cases.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filing of
record in Case No. KHW-05-1. The Commission has preliminarily detennined that the public
interest may not require a hearing to consider the issues presented in this case and that issues
raised by the Company s filing may be processed under Modified Procedure i.e., by written
submission rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission
notes that Modified Procedure and written comments have proven to be an effective means for
obtaining public input and participation.
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. IDAPA 31.01.01.203.
NOTICE OF APPLICATION
NOTICIE OF MODIFIED PROCEDUREORDER NO. 29877
YOU ARE FURTHER NOTIFIED that if no protests or written comments are
received within the deadline, the Commission will consider the matter and enter its Order
without a hearing. If protests or comments are filed within the deadline, the Commission will
consider them and may, in its discretion, set the matter for hearing or decide the matter and issue
its Order on the basis of the written positions before it. IDAPA 01.01.01.204.
NOTICE OF COMMENT/PROTEST DEADLINE
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. KHW-05-is November 10, 2005. Persons desiring a hearing must specifically
request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that written comments concerning this case
should be mailed to the Commission and to the Company at the addresses reflected below.
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Floyd N. McGhee, President
PO Box 1925
Sandpoint, ID 83864
Street Address For Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Gary A. Finney
Finney, Finney & Finney, P.
120 E. Lake Street, Suite 317
Sandpoint, ID 83864
These 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 homepage located at www.puc.idaho.gov. Click the "Comments and Questions
icon, and complete the comment fonn, using the case number as it appears on the front of this
document.
FINDINGS/CONCLUSIONS
The Idaho Public Utilities Commission has jurisdiction over Kootenai Heights
Application for a Certificate of Public Convenience and Necessity. Whether the Company is a
public utility subject to the jurisdiction, control, and regulation of this Commission pursuant to
Idaho Code 9 61-129, 61-124, and 61-125 will be detennined in this case.
NOTICE OF APPLICATION
NOTICIE OF MODIFIED PROCEDUREORDER NO. 29877
The Commission has preliminarily detennined that the public interest may not
require a hearing to consider the issues presented in this case, and that issues raised by the
Company s filing may be processed under Modified Procedure , by written submission
rather than by hearing. ID AP A 31. 01. 01.201- 204. In so doing, the Commission notes that
Modified Procedure and written comments have proven to be an effective means for obtaining
public input and participation.
ORDER
IT IS HERBY ORDERED that this case be processed under Modified Procedure.
Persons interested in submitting written comments regarding this case or protesting the use of
Modified Procedure should do so no later than November 10 2005.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :l9~
day of September 2005.
, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~L~.Je D. Jewell
Co mission Secretary
O:KHW-05-01 dw
NOTICE OF APPLICATION
NOTICIE OF MODIFIED PROCEDUREORDER NO. 29877