20240130Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL

DATE: JANUARY 30, 2024

SUBJECT: IN THE MATTER OF THE PROPOSED CANCELLATION OF PONDEROSA
TERRACE ESTATES WATER SYSTEM, INC.’S CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY; CASE NO. PTE-W-24-01.

On January 18, 2024, an Application (“Application”) was submitted to the Commission which
stated that Ponderosa Terrace Estates Water System, Inc. (“PTE”) was sold to Farko Water System
Inc. (“Farko”)1 on October 1, 2016. While the Application’s heading requested a transfer of PTE’s
Certificate of Public Convenience and Necessity (“CPCN”), the body of the Application clearly
requested that PTE’s CPCN be cancelled. Rather than ask that Farko be issued a new CPCN, the
Application requested that the Commission recognize that Farko is operating the system as a not-for-
profit organization; supplemental information related to this request was attached to the Application.
STAFF RECOMMENDATION
Based on Staff’s review of the Application, it appears that there are multiple potential
stakeholders, including the customers currently served by the water system, that may have an interest
in intervening in this case. Therefore, Staff recommends the Commission issue a Notice of
Application and a Notice of Intervention Deadline establishing a 21-day intervention period.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application and a Notice of Intervention
Deadline establishing a 21-day intervention period?

______________________________
Michael Duval
Deputy Attorney General
I:\Legal\WATER\PTE-W-24-01_cancel CPCN\memos\PTEW2401_dec_md.docx

1 While the Application indicates 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.