20161020final_reconsideration_order_no_33633.pdf

Office of the Secretary
Service Date
October 20. 2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF PACKSADDLE WATER SYSTEMS, ) CASE NO. PKS-W-15-01
INC. FOR APPROVAL OF ITS PURCHASE )
OF THE WATER SYSTEM AND A )
CORRESPONDING NAME CHANGE ) ORDER NO. 33633
____________ )
On September 21, 2016, the Commission issued Order No. 33603. In that Order, the
Commission: (1) approved Packsaddle Estates Water Corporation's sale of its water system to
Packsaddle Water Systems, Inc.; (2) cancelled Packsaddle Estates Water Corporation's
Certificate of Public Convenience and Necessity (CPCN) No. 320 and (3) relieved Packsaddle
Estates Water Corporation of its obligation to serve the public as a public utility in Idaho. In
doing so, the Commission declined to exercise jurisdiction over the water system's new owner,
Packsaddle Water Systems, Inc., because that Company is a mutual non-profit organization and
the Commission has no jurisdiction over a "mutual nonprofit or cooperative . . . water . . .
corporation or any other public utility organized and operated for service at cost and not for
profit. ... " Idaho Code§ 61-104.
On September 22, 2016, Tory Whitehead, a customer of Packsaddle Estates Water
Corporation who had filed two sets of comments in the case, filed a Petition for Reconsideration
that states, in full:
Would like to officially request reconsideration of IPUC final order number
33603. Would also like to note contrary to the final order statement
concerning past customer statements, I made comments and have been a
continuous customer since the IPUC began regulating packsaddle water corp.
No one responded to Mrs. Whitehead's Petition.
Having reviewed the record, we deny the Petition and decline to reconsider Order No.
33603 for the reasons discussed below.
STANDARD FOR RECONSIDERATION
After the Commission issues an order, a person has 21 days to file a petition for
reconsideration that brings to the Commission's attention a question previously determined and
affords the Commission an opportunity to rectify any mistake or omission. See Idaho Code §
61-326; IDAPA 31.01.01.325; Washington Water Power Co. v. Kootenai Environmental
ORDER NO. 33633
Alliance, 99 Idaho 875,879,591 P.2d 122, 126 (1979). Within 28 days after the petition is filed,
the Commission must issue an order stating whether it will reconsider the matter and, if so, how
the matter will be reconsidered and whether any cross-petitions will be granted. Idaho Code §
61-626(2). The decision to grant or deny a motion for reconsideration is committed to the
Commission's sound discretion. See 56 Am. Jur. 2d Motions, Rules, and Orders§ 40 (2016).
DISCUSSION
The Commission declines to reconsider its Order because the Petition for
Reconsideration does not comply with Rule 331, IDAPA 31.01.01.331. Under the
Commission's rules, which have the force and effect of law (Mead v. Arnell, 117 Idaho 660,664,
791 P.2d 410, 414 (1990)), the petition must specify: (1) why "the order or any issue decided in
the order is unreasonable, unlawful, erroneous or not in conformity with the law" (Rule 331.01 );
(2) "the nature and quantity of evidence or argument the petitioner will offer if reconsideration is
granted" (Id.); and (3) "whether the petitioner ... requests reconsideration by evidentiary
hearing, written briefs, comments, or interrogatories" (Rule 331.03). The Petition at issue
contains none of this information. Accordingly, the Petition provides the Commission with no
reason to question its earlier rationale or reconsider the Order. The Petition is, therefore, denied.
The Petition does note that the petitioner, Mrs. Whitehead, is a Packsaddle Estates
Water Corporation customer who filed comments in this case. The Commission recognizes these
facts, appreciates the detailed comments that Mrs. Whitehead submitted, and did not intend to
imply anything to the contrary in its Order. The Order's opening paragraphs do state that "seven
customers filed comments in the case," and the section of the Order that summarizes those
comments is entitled "Customer Comments." Order No. 33603 at 1-2. The Order's alternative
reference to those customers being "former customers" of Packsaddle Estates Water Corporation
simply acknowledges that Packsaddle Estates Water Corporation no longer owns the water
system and has not served customers since October 1, 2015.
ORDER
IT IS HEREBY ORDERED that the Petition for Reconsideration is denied.
THIS IS A FINAL ORDER DENYING RECONSIDERATION. Any party
aggrieved by this Order or other final or interlocutory Orders previously issued in this case may
appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and the Idaho
Appellate Rules. See Idaho Code§ 61-627.
ORDER NO. 33633 2
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 2016.
PAUL
ERIC ANDERSON, COMMISSIONER
ATTEST:
O:PKS-W-15-0 l_kk2_Reconsideration
ORDER NO. 33633 3