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EAGLE WATER CO. v. IDAHO PUBLIC UTILITIES

No. 23250.

940 P.2d 1133 (1997)

130 Idaho 314

In the Matter of the Application of United Water Idaho Inc. for Approval of Rates and Charges and for a Certificate of Public Convenience and Necessity to Operate as a Water Utility in the State of Idaho (Euw-W-94-1). In the Matter of the Application of Eagle Water Company, Inc. for Authority to Expand its Certificated Area & Amend its Certificate of Public Convenience & Necessity No. 278 (Eag-W-95-1). EAGLE WATER COMPANY, INC., Applicant-Appellant on Appeal, v. IDAHO PUBLIC UTILITIES COMMISSION, Respondent on Appeal, and United Water Idaho, Inc., Applicant-Respondent on Appeal, and The City of Eagle, Respondent on Appeal.

Supreme Court of Idaho, Boise, May 1997 Term.

July 8, 1997.

Attorney(s) appearing for the Case

Robert L Aldridge, CHTD, Boise; and Marcus, Merrick & Montgomery, Boise, for appellant. Barry L. Marcus argued, Boise.

Alan G. Lance, Attorney General; Scott D. Woodbury, Deputy Attorney General, argued, Boise, for respondent Idaho Public Utilities Commission.

Spink & Butler, Boise, for respondent United Water Idaho, Inc. Michael T. Spink argued, Boise.

Moore & McFadden, Boise, for respondent City of Eagle.

JOHNSON, Justice.

This is a public utilities case. We do not address several of the issues presented by appellant because there was not a timely request to the Idaho Public Utilities Commission (IPUC) for reconsideration. Concerning the remaining issue, we conclude that IPUC has the authority to require a utility to obtain permission before extending its facilities into uncertificated buffer areas.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

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