20220613Final_Order_No_35427.pdf

ORDER NO. 35427 1
Office of the Secretary
Service Date
June 13, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF TETON WATER &
SEWER COMPANY’S APPLICATION FOR
RESERVE FUND DISTRIBUTION
)
)
)
)
CASE NO. TTS-W-22-01

ORDER NO. 35427

On January 3, 2022, Teton Water & Sewer Company (“Company”) applied to the
Commission requesting approval to use its 2022 emergency reserve fund for distribution for three
2021 repair projects. Application at 1. The Company stated that the total cost of these projects
exceeded the available funds in the Company’s 2021 emergency reserve fund account. Id.
On February 2, 2022, the Commission issued a Notice of Application and Notice of
Modified Procedure setting comment deadlines. Order No. 35306.
On April 22, 2022, the Commission approved the Company’s request to use the balance of
its emergency reserve fund account to pay for repairs. Order No. 35382 at 2. The Commission
further ordered the Company to recover the costs of expenses not covered by its emergency reserve
fund in “the Company’s 2022 general rate case (Case No TTS-W-22-02).” Id.
On May 5, 2022, the Company filed a Motion for Revised Order (“Motion”) asking the
Commission to revise the language in Order No. 35382 that directed it to recover additional
expenses not covered by its emergency reserve fund though the 2022 general rate case (Case No.
TTS-W-22-02). The Company explained that it had withdrawn Case No. TTS-W-22-02 and
therefore requested the language in Order No. 35382 directing the Company to recover its expenses
in a 2022 rate case be removed.
With this order, we grant the Company’s Motion.
BACKGROUND
In 2009, the Commission authorized and established the Company’s emergency reserve
fund. Order No. 30718 at 12. The Company completed three projects in 2021 and sought
Commission approval to pay for these projects using the emergency reserve fund. The cost of the
three projects exceeded the balance of the emergency reserve fund. Because the Company filed its
general rate case (TTS-W-22-02) while this case (TTS-W-22-01) was still pending, Commission
ORDER NO. 35427 2
Staff recommended in its comments in this case that recovery for expenses not covered by the
reserve fund should be addressed in Case No. TTS-W-22-02.1
In Order No. 35382, the Commission found the incurred costs prudent. The Commission
specifically ordered the Company to recover “expenses not covered by its [emergency reserve
fund] through the Company’s 2022 general rate case (Case No. TTS-W-22-02).” Order No. 35382
at 2.
COMMISSION DECISION AND FINDINGS
The Commission has jurisdiction over this matter and the issues in this case under Title 61
of the Idaho Code. Specifically, the Commission regulates “public utilities,” including “water
corporations” that serve the public or some portion thereof for compensation. See Idaho Code §§
61-125, -129, and -501.
Rule 326, IDAPA 31.01.01.326b. provides that any:
person may petition to rescind, alter or amend a final order under Section 61-
624, Idaho Code. The petition to rescind, petition to alter, or petition to
amend must state: . . . Circumstances have changed, or new information
has become available since the order was issued, or other good and
sufficient reasons exist to rescind, alter, or amend the order.

The 2022 rate case has been withdrawn. Therefore, the mechanism for recovering what
were determined by the Commission to be prudently incurred expenses has been eliminated. As
such, we find that circumstances have changed and there is a good and sufficient reason under
Rule 326 to alter Order No. 35832 to allow the Company to recover its expenses not covered by
its emergency reserve fund through its next general rate case.
We further find that no one would be harmed by altering Order No. 35382 consistent with
the Company’s Motion.
O R D E R
IT IS HEREBY ORDERED that the Company’s Motion to revise Order No. 35832 in Case
No. TTS-W-22-02 is hereby granted. The language in Order No. 35832 is altered by this Order to
allow the Company to recover its emergency reserve fund expenses in its next general rate case,
whenever that may occur.

1 The total cost for the three repair projects was $35,494.85 and the Company had $12,106.55 in its emergency reserve
fund account.
ORDER NO. 35427 3
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order regarding any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 13th day of
June 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\WATER\TTS-W-22-01\orders\TTSW2201_amending_rn.docx