20120828notice_of_application_order_no_32627.pdf

Office of the Secretary
Service Date
August 28,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF TETON WATER )
AND SEWER COMPANY’S APPLICATION )CASE NO.TTS-W-12-O1
REGARDING THE SALE OF TETON )
SPRINGS WATER AND SEWER )NOTICE OF APPLICATION
COMPANY AND TRANSFER OF )
CERTIFICATE OF PUBLIC )NOTICE OF
CONVENIENCE AND NECESSITY NO.475 )MODIFIED PROCEDURE
)
_______________________________
)ORDER NO.32627
On June 19,2012,Teton Water and Sewer Company,LLC (the “Applicant”)filed an
Application apprising the Commission that it purchased Teton Springs Water and Sewer
Company (the “Utility”)effective May 23,2012.On July 18.2012,the Applicant filed
additional information about the sale and requested that Certificate of Public Convenience and
Necessity No.475 be transferred to the Applicant.These two documents and their attachments
are collectively referred to as the “Application.”The Application’s contents are summarized
below.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Applicant’s managing member,Jon
Pinardi,has managed the Utility for its owners since 2006.The Applicant says Mr.Pinardi has
the business experience and financial ability to continue operating the Utility,and that he is
familiar with the Commission’s regulations and rules and is prepared to abide by them.Mr.
Pinardi is licensed as a Drinking Water Distribution Operator —Class I in the State of Idaho.
Further,the Applicant also contracts with Teton Water,Inc..which has operated the Utility since
2007,as the Utility’s primary operator;accordingly,the sale has not changed the Utility’s
operations.Both the Applicant and the operator are familiar with the Idaho Department of
Environmental Quality’s water system testing requirements and have completed required system
certifications.
YOU ARE FURTHER NOTIFIED that the Applicant “acknowledges that the
valuation of the system by the Commission will be the basis established by the Commission at
the time the present rates were established,with adjustments for depreciation and
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32627 1
improvements.”The Applicant also says it understands that accounting for the water system
must be maintained on a stand-alone basis separate from any other business activities.
YOU ARE FURTHER NOTIFIED that the Application attaches the following items:
(1)executed Sale Agreement;(2)Mr.Pinardi’s water system operator license cards;(3)Mr.
Pinardi’s financial statement;(4)a warranty deed from Teton Springs Water and Sewer
Company,LLC to Applicant;(5)Applicant’s Certificate of Organization and Amended
Certificate of Organization;(6)Applicant’s business plan;(7)Notice of Sale sent to customers;
and (8)Idaho Department of Water Resources letter to Applicant acknowledging change in
ownership of water right.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules
of Procedure.IDAPA 31.01.01.201 through .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 any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission by
October 5,2012.The comment must contain a statement of reasons supporting the comment.
Persons desiring a hearing must specifically request a hearing in their written comments.
Written comments concerning this Application shall be mailed to the Commission and the
Applicant at the addresses reflected below:
Commission Secretary Joe Pinardi
Idaho Public Utilities Commission Managing Partner
P0 Box 83720 Teton Water &Sewer Company,LLC
Boise,ID 83 720-0074 P.O.Box 786
Driggs,Idaho 83422
Street Address for Express Mail:E-mail:jpinardi(si1verstar.corn
472 W.Washington Street
Boise,ID 83702-5918
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32627 2
Commission’s home page located at v.puc.idaho.gov.Click the “Comments and Questions”
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 the Applicant at the e-mail address listed
above.
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 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.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission oflices.The Application is also available on the Commission’s web site at
www.puc.idaho.gov by clicking on “File Room”and then “Water Cases.’
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.The Commission
may enter any final Order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure.Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure must do so by October 5,2012.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.32627 3
DONE by’Order of the Idaho Public Utilities Commission at Boise,Idaho this 2’
day of August,2012.
/
i -
PAUL KJELLANDER.PRESIDENT
J
MACK A.REDF(RDCMMISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jean D.Jewell
Commission Secretary
O:’1ISWI2OI kk
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.32627 4