20240216Notice_of_Application_Order_No_36093.pdf

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 36093 1
Office of the Secretary
Service Date
February 16, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF FARKO WATER
SYSTEM’S PROPOSED CANCELLATION
OF PONDEROSA TERRACE ESTATES
WATER SYSTEM’S, CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
NO. 393
)
)
)
)
)
)
)
)
CASE NO. PTE-W-24-01

NOTICE OF APPLICATION

NOTICE OF INTERVENTION
DEADLINE

ORDER NO. 36093

On January 18, 2024, Farko Water System, Inc. (“Farko” or “Company”) applied to cancel
Ponderosa Terrace Estates Water System, Inc.’s (“PTE”) Certificate of Public Convenience and
Necessity No. 393 (“CPCN”) which Farko claimed was sold to Farko1 on October 1, 2016,
(“Application”). The Application’s heading requested a transfer of PTE’s CPCN, however, the
body of the Application requested that PTE’s CPCN be cancelled. Rather than ask the Commission
to issue Farko a new CPCN (or transfer PTE’s CPCN to Farko), the Application requested that the
Commission recognize Farko is operating the system as a not-for-profit organization and cancel
CPCN No. 393. Supplemental information related to Farko’s request was attached to the
Application.
With this Order, the Commission provides notice of the Application and sets a deadline for
interested parties to intervene.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED the Application stated that Farko supplies water and
operates a water system serves an area east of Sagle, Idaho.
YOU ARE FURTHER NOTIFIED that the Application alleged that Farko is a not-for-
profit organization with an elected board and president.2 The supplemental materials include
several filings with the Idaho Secretary of state which the Company included to support its claim
of not-for-profit status.

1 While the Application indicated that the word “Company” is used in both PTE’s and Farko’s company names,
according to the Idaho Secretary of State, both companies actually use the word “System” instead of “Company” in
their respective titles.
2 PDF pages 52-53 of the Application outlined Farko’s purported “By-Laws” and process for elections. Essentially,
each system connection (for drinking water) would be a “Member” of the organization, and each Member would have
one vote in electing the organization’s governing board. The “By-Laws” also outline the responsibilities of the other
individuals who would be involved with the organization in maintaining the system.

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 36093 2
YOU ARE FURTHER NOTIFIED that the Application and supplemental materials have
been filed with the Commission and are available for public inspection during regular business
hours at the Commission’s office. These documents are also available on the Commission’s
website at www.puc.idaho.gov. Click on the “WATER” icon, select “Open Cases,” and click on
the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over the filing
and the issues pertaining to this case pursuant to Title 61 of the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter to
obtain parties’ rights of participation must file a Petition to Intervene with the Commission
pursuant to this Commission’s Rules of Procedure 72 and 73, IDAPA 31.01.01.072 and
.073. Persons who wish to intervene as a party must file a Petition to Intervene no later than
21 days after the date of service of this Order. Such persons shall also provide the Commission
Secretary with their email address to facilitate further communications. After the intervention
deadline runs, the Commission Secretary shall issue a Notice of Parties that identifies the parties
and assigns exhibit numbers to each party. Once the Notice of Parties has issued, Commission
Staff shall informally confer with the Company and any intervening parties about how to further
process this case and shall then report back to the Commission on a proposed case schedule.
YOU ARE FURTHER NOTIFIED that persons who would like to present their views
without parties’ rights of participation and cross-examination do not have to intervene but may
present their views by submitting written comments to the Commission.
YOU ARE FURTHER NOTIFIED that the following persons are designated as the
Company’s representatives in this matter:
Larry Fairfax
Farko Water System, Inc.
P.O. Box 826
468665 Hwy 95 N. Unit 738
Sagle, ID 83860
[e-mail]

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 36093 3
O R D E R
IT IS HEREBY ORDERED that persons desiring to intervene in this case to obtain parties’
rights of participation must file a Petition to Intervene with the Commission, under Rules 71-73,
IDAPA 31.01.01.071-073, no later than 21 days after the service date of this Order.
IT IS FURTHER ORDERED that, after the Notice of Parties has issued, Commission Staff
shall confer with the parties regarding a procedural schedule for this matter including, if necessary,
a hearing in this matter.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 16th day of
February 2024.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER
ATTEST:

___________________________________
Monica Barrios-Sanchez
Commission Secretary

I:\Legal\WATER\PTE-W-24-01_cancel CPCN\orders\Ntc_App_Int_md.docx