20061003order_no_30138.pdf

Office of the Secretary
Service Date
October 3 2006
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 ORDER NO. 30138
CASE NO. KHW-05-
On September 1 , 2006, the Commission issued a final Order granting the request of
Kootenai Heights Water System, Inc. (Kootenai Heights, Company) for a Certificate of Public
Convenience and Necessity. Order No. 30122. The Commission also issued, on September 1
2006, a Notice of Proposed Order and Proposed Order regarding the rates, charges, rules, and
regulations of the Company.
On September 22, 2006, Kootenai Heights filed a pleading titled "Comments and
Objections to Proposed Order and Request for Evidentiary Hearing.In this pleading the
Company objects to the jurisdiction of the Commission and states that the Company is not a
public utility. Kootenai Heights' Comments and Objections , p. 1.
FINDINGS/DISCUSSION
Any person interested in a final order or any issue decided in a final order of the
commission may petition for reconsideration within 21 days of the service date of the order.
Rule 331 IDAPA 31.01.01.331.01; Idaho Code ~ 61-626.The Commission may grant
reconsideration upon the petition of any interested person or upon its own motion. Rule 332
IDAPA 31.01.01.332; Idaho Code ~~ 61-624 61-626.
Kootenai Heights has objected to the Commission s jurisdiction and states that it is
not a public utility. This is the subject matter of Order No. 30122, the Commission s final Order
granting the Company s request for a Certificate of Public Convenience and Necessity. It is
unclear why the Company would file an Application seeking the issuance of a Certificate
authorizing it to be a regulated public utility, and then after such Certificate is granted as
requested, object to the jurisdiction of the Commission. The Company did not set forth the
specific grounds as to why it contends it is not a public utility and why the Commission does not
have jurisdiction over it. See Rule 331. Neither did the Company make any reference to any
particular provision of statute, rule, order, notice, or any other controlling law upon which it
bases its statements. Although the Company did not phrase its "Comments and Objections" in
ORDER NO. 30138
the form of a Petition for Reconsideration, the Commission will treat the Company s objection to
the Commission s jurisdiction as a Petition for Reconsideration of Order No. 30122, and hereby
grant the same. Rule 332 Idaho Code ~~ 61-624, 61-626.
Reconsideration is hereby granted as to the sole issue of whether Kootenai Heights
Water System, Inc. is a public utility under the jurisdiction of the Idaho Public Utilities
Commission. We find that the grounds upon which reconsideration is hereby granted present
only issues of law. Rule 332. Therefore, we direct that the issue of the Commission
jurisdiction be considered by the submission of written briefs and/or legal memoranda. Id.
The Proposed Order of the Commission regarding the proper rates, charges, rules
and regulations of Kootenai Heights will remain a Proposed Order unless and/or until it is
adopted or revised by Order of the Commission. See Rule 312.
ORDER
IT IS HEREBY ORDERED that the Commission grants reconsideration of final
Order No. 30122, based upon Kootenai Heights Water System Inc.'s objection to the
Commission s jurisdiction.
IT IS FURTHER ORDERED that the Company shall file legal brief or
memorandum setting forth the specific grounds as to why it contends it is not a public utility and
why the Commission does not have jurisdiction over it, including specific reference to particular
provisions of statute, rule, order, notice, case law, or any other controlling law upon which it
bases its statements. The Company s legal brief or memorandum shall be filed with the
Commission Secretary no later than October 23 2006.
IT IS FURTHER ORDERED that Commission Staff and other interested persons
shall be entitled to respond to the Company s filing by written legal brief or memorandum no
later than November 6, 2006.
ORDER NO. 30138
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this r/.
day of October 2006.
lit
/'--
, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
. I
ATTEST:
.'"J II '
Je D. Jewell
Commission Secretary
O:KHW-OS-O 1 dw7 _Reconsideration
ORDER NO. 30138