20050119Notice of Workshop Order No 29690.pdf

Office of the Secretary
Service Date
January 19, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF RESORT WATER CO. INC. FOR
ISSUANCE OF A CERTIFICATE OF PUBLIC
CO NVENIEN CE AND NECESSITY, FOR
APPROVAL OF RATES AND CHARGES,
AND FOR APPROV AL OF RULES AND
REGULATATION GOVERNING THE
RENDERING OF WATER SERVICE
CASE NO. RES-04-
NOTICE OF MODIFIED
PROCEDURE
NOTICE OF COMMENT/
PROTEST DEADLINE
NOTICE OF WORKSHOP
ORDER NO. 29690
On August 13, 2004, Resort Water filed an Application requesting issuance of a
Certificate of Public Convenience and Necessity. The Company also requested approval of an
increase in existing rates and charges for water service and approval of the Company s Rules and
Regulations governing the rendering of water service. On September 1 , 2004, the Commission
issued a Notice of Application and Order No. 29575 which suspended the Company s proposed
schedule of rates and charges for a period of five months from the proposed effective date of
September 13 2004. In this Order the Commission extends the suspension period for 30 days, to
March 15 , 2005, and orders the use of Modified Procedure with a public workshop on February
, 2004. The comment/protest deadline is February 17, 2005, and the reply comment deadline is
March 3, 2005.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has reviewed the filing
record in Case No. RES-04-1. The Commission has preliminarily determined that the public
interest may not require a hearing to consider the issues presented in this case and that issues
raised by the Company s filing may be processed under Modified Procedure, i., by written
submission rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission
notes that Modified Procedure and written comments have proven to be an effective means for
obtaining public input and participation.
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
NOTICE OF WORKSHOP
ORDER NO. 29690
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in
this proceeding unless it receives written protests or comments opposing the use of Modified
Procedure and stating why Modified Procedure should not be used. IDAP A 31.01.01.203.
YOU ARE FURTHER NOTIFIED that if no protests or written comments are
received within the deadline, the Commission will consider the matter and enter its Order
without a hearing. If protests or comments are filed within the deadline, the Commission will
consider them and may, in its discretion, set the matter for hearing or decide the matter and issue
its Order on the basis of the written positions before it. IDAP A 31.01.01.204.
YOU ARE FURTHER NOTIFIED that the Company s Application in Case No.
RES-04-1 may be viewed online at www.puc.idaho.gov by clicking on "File Room" and
Water Cases " or it can be viewed during regular business hours at the offices of the Idaho
Public Utilities Commission, 472 West Washington Street, Boise, Idaho.
NOTICE OF COMMENT/PROTEST DEADLINE
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments
or protests with respect to the Application and the Commission s use of Modified Procedure in
Case No. RES-04-1 is February 17, 2005. Persons desiring a hearing must specifically
request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. RES-
W -04-1 should be mailed to the Commission and to Resort Water at the addresses reflected
below.
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address For Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564-83701
Boise, ID 83702
E-mail: ioe~mcdevitt-miller.com
These comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via e-mail may do so by accessing the
Commission s homepage located at www.puc.idaho.gov. Click the "Comments and Questions
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
NOTICE OF WORKSHOP
ORDER NO. 29690
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to Resort Water at the address listed above.
NOTICE OF WORKSHOP
YOU ARE HEREBY NOTIFIED that public workshop will convene on
TUESDAY, FEBRUARY 8, 2005 at 2:00 P.M. at SCHWEITZER MOUNTAIN RESORT,
SELKIRK LODGE - SELKIRK CONFERENCE ROOM, 10,000 SCHWEITZER
MOUNTAIN ROAD, SAND POINT, IDAHO The purpose of the workshop is for the
Commission Staff to dispense information concerning Resort Water s Application and to receive
written or oral comments from the public prior to the staff filing testimony or comments in the
case.
YOU ARE FURTHER NOTIFIED that all workshops and hearings in this matter
will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA). Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at a public hearing
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5) working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary~puc.idaho.gov
YOU ARE FURTHER NOTIFIED that the Company s proposal to change its rates
charges, rules, and regulations governing the rendering of water service in this case is subject
the Commission s approval. The Commission may approve, reject, or modify the requested
changes. The Commission may determine Resort Water s rates and charges in an amount other
than proposed by the Company and/or the spread or allocation or relative increase or decrease in
any rate or charge may be other than that proposed by the Company. The rates and charges of all
customers of Resort Water in the State of Idaho are at issue and subject to change in this
proceeding.
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
NOTICE OF WORKSHOP
ORDER NO. 29690
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 61 of the Idaho Code and that the
Commission may enter any final Order consistent with its authority under Title 61. All
proceedings in this matter will be conducted pursuant to the Commission s Rules of Procedure
IDAP A 31.01.01.000 et seq.
CONCLUSIONS OF LAW
The Idaho Public Utilities Commission has jurisdiction over Resort Water Co., Inc.
its Application for a Certificate of Public Convenience and Necessity, for Approval of Rates and
Charges, and Rules and Regulations for Providing Water Service, and the issues involved in this
case by virtue of Title 61 , Idaho Code and the Commission s Rules of Procedure, IDAPA
31.01.01.000 et seq.
The Commission has preliminarily determined that the public interest may not
require a hearing to consider the issues presented in this case and that issues raised by the
Company s filing may be processed under Modified Procedure , by written submission
rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission notes that
Modified Procedure and written comments have proven to be an effective means for obtaining
public input and participation.
The Commission has the authority under Idaho Code ~ 61-622 to suspend the rates
and charges that are the subject of the Application for a period of thirty (30) days plus five (5)
months from the proposed effective date of September 13 , 2004. The effective date in this case
was previously suspended for five months, and it is necessary to suspend the rates proposed in
the Application for an additional 30 days, to March 15, 2005, in order to conduct a public
workshop prior to the filing of comments.
ORDER
IT IS HERBY ORDERED that the proposed schedule of rates and charges for water
service in Case No. RES-04-1 should be, and hereby is, suspended for an additional period of
30 days, to March 15 , 2005, or until such earlier time as the Commission may issue an Order
accepting, rejecting, or modifying the Application in this case. No change in the existing rates
an4 charges is permitted without prior Commission approval.
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
NOTICE OF WORKSHOP
ORDER NO. 29690
IT IS FURTHER ORDERED that this case be processed under Modified Procedure.
Persons interested in submitting written comments regarding this case or protesting the use
Modified Procedure must do so no later than February 17, 2005. Additionally, any reply
comments must be submitted no later than March 3 2005.
IT IS FURTHER ORDERED that the Commission Staff should conduct a public
workshop, as more fully set forth above, to dispense information concerning Resort Water
Application and to receive comments from the public prior to the staff filing comments in this
case.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /qt'
day of January 2005.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
J a D. Jewel
ission Secretary
O:RESW040 1 dw2
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
NOTICE OF WORKSHOP
ORDER NO. 29690