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HomeMy WebLinkAbout20240305Decision Memo.pdfDECISION 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the Company name on the requested CPCN should instead be Schweitzer Water Company, the application in that case was withdrawn.