20240305Decision Memo.pdf

DECISION MEMORANDUM 1
I:\Legal\WATER\SWC-W-23-01_Asset Acq\memos\SWCW2301_dec2_md.docx
DECISION MEMORANDUM

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

FROM: MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL

DATE: MARCH 5, 2024

SUBJECT: IN THE MATTER OF SCHWEITZER WATER COMPANY’S
APPLICATION FOR APPROVAL OF THE ACQUISITION OF RESORT
WATER CO. INC.’S ASSETS AND FOR THE ISSUANCE OF A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; CASE
NO. SWC-W-23-01.
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 Schweitzer a new CPCN to serve Resort’s
current service area and approve Schweitzer’s proposed tariffs.
On January 18, 2024, the Commission issued a Notice of Application and Notice of
Intervention Deadline. Order No. 36063. No party intervened.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Modified Procedure with a public
comment deadline of April 11, 2024, and a Company reply deadline of April 25, 2024.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Modified Procedure establishing an April
11, 2024, public comment deadline and April 25, 2024, Company reply deadline?

Michael Duval
Deputy Attorney General

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withdrawn.