20240307Notice_of_Modified_Procedure_Order_No_36108.pdf

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36108 1

Office of the Secretary
Service Date
March 7, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF SCHWEITZER
WATER COMPANY’S APPLICATION FOR
APPROVAL OF THE ACQUISITION OF
THE ASSETS OF RESORT WATER CO. INC.
AND FOR THE ISSUANCE OF A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY
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CASE NO. SWC-W-23-01

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 36108

On December 27, 2023, Schweitzer Water Company (“Schweitzer” or “Company”)1
applied for approval of its acquisition of Resort Water Co. Inc.’s (“Resort”) assets. Specifically,
the Company requested that the Commission grant it a new CPCN to serve Resort’s current service
area and approve its proposed tariffs.
On January 18, 2024, the Commission issued a Notice of Application and Notice of
Intervention Deadline. Order No. 36063. No party intervened.
The Commission now issues this Notice of Modified Procedure and sets deadlines for
interested persons to comment on the Application, and for the Company to reply.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to the Commission’s Rules of Procedure 201-204, IDAPA 31.01.01.201-.204.
The Commission notes that Modified Procedure and written comments have proven to be an
effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone are insufficient. Persons interested in filing
written comments must do so by April 11, 2024. Comments must be filed through the
Commission’s website or by e-mail unless computer access is unavailable. To comment

1 This same water system previously filed a case with equivalent requests—except that the proposed entity to be named
on the requested CPCN was Husky Water Company. See Case No. HWC-W-23-01. After deciding that the Company
name on the requested CPCN should instead be Schweitzer Water Company, the application in that case was
withdrawn.
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36108 2

electronically, please access the Commission’s website at http://www.puc.idaho.gov/. Click the
“Case Comment Form” and complete the form using the case number as it appears on the front of
this document.
To file by e-mail, persons must e-mail the comments to the Commission Secretary and the
parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
their name, address, and the Case Number under which they are commenting. Persons submitting
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101(13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the parties at the addresses below. Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record
under Idaho Code § 74-101(13), and all information provided by such person is available for public
and media inspection.

For the Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714
For the Company:

Ronald L. Williams
Brandon Helgeson
Hawley Troxell Ennis & Hawley LLP
877 W. Main Street, Suite 200
P.O. Box 1617
Boise, ID 83701-1617
[e-mail]
[e-mail]

Tom Trulock
c/o Schweitzer Water Company
165 Village Lane, Suite A
Sandpoint, ID 83864
[e-mail]

Bradley Mullins
MW Analytics
Teitotie 2, Suite 208
Oulunsalo Finland, FI-90460
[e-mail]

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36108 3

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
April 25, 2024.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its final
order without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.
ORDER
IT IS HEREBY ORDERED that the Company’s Application be processed by Modified
Procedure. Persons wishing to file written comments must do so by April 11, 2024. The Company
must file any reply comments by April 25, 2024.
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 7th day of
March 2024.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER
ATTEST:

Monica Barrios-Sanchez
Commission Secretary
I:\Legal\WATER\SWC-W-23-01_Asset Acq\orders\Ntc_Mod_md.docx