20220202Notice_of_Application_Order_No_35306.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35306 1

Office of the Secretary
Service Date
February 2, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On January 3, 2022, Teton Water & Sewer Company (“Company”) applied to the Idaho
Public Utilities Commission (“Commission”) requesting approval to use its 2022 reserve fund for
three separate 2021 repair projects. Application at 1. The Company states that the total cost of
these projects exceeded the available funds in the Company’s 2021 reserve account. Id. The
Commission now issues this Notice of Application and Notice of Modified Procedure setting
deadlines for interested persons to comment on the Application and for the Company to reply.
BACKGROUND
The Commission authorized the creation of a reserve fund for the Company in 2009
but conditioned the fund solely for capital expenditures greater than 10% of the Company’s annual
revenue requirement. See Order No. 30718 at 12. Additionally, the Commission required the
Company to establish an auditable paper trail for use of the fund and required the Company to
provide the Commission with written notice of the intended use with the emergency details and
related invoices. Id. at 13.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company is a water corporation and public
utility as defined in Idaho Code §§ 61-125 and 61-129 and is licensed to do business in the State
of Idaho.
YOU ARE FURTHER NOTIFIED that the Company completed three repair projects
in 2021 and seeks Commission approval to pay for these projects using the reserve fund.
Application at 1. The repair projects include a water leak repair at 48 Moulton Lane, a water leak
repair at 73 Beesley Lane, and a water leak repair at 33 Targhee Trail. Id.
IN THE MATTER OF TETON WATER &
SEWER COMPANY’S APPLICATION FOR
RESERVE FUND DISTRIBUTION
)
)
)
)
)
)
)
)
)
CASE NO. TTS-W-22-01

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35306
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35306 2

YOU ARE FURTHER NOTIFIED that the Company states the total cost of these
projects ($35,494.85) exceeded the available funds in the 2021 reserve account. Id. The Company
stated “[a]t the start of the year, the [reserve] account had $4,666.55, with the addition of funds at
$640/month for the year, . . . the year-end available funds [totaled] $12,106.55.” Id. The Company
stated that it transferred “$11,208.85 to reimburse the operating account, which then left a balance
of $24,286.00 of expenses that were covered by funds other than the capital account.” Id. Thus,
the Company requests approval from the Commission to use its 2022 reserve fund to reimburse
the operating account for remaining unreimbursed expenses. Id.
YOU ARE FURTHER NOTIFIED that the Company has included in its Application a
summary of expenses, invoices, and a QuickBooks report for each project as directed by the
Commission in Order No. 30718. Id.
YOU ARE FURTHER NOTIFIED that the Application is available for public
inspection during regular business hours at the Commission’s office. These documents are also
available on the Commission’s web site at www.puc.idaho.gov. Click on the “WATER” icon,
select “Open Cases,” and click on the case number as shown on the front of this document.
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.
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.
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 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. Persons must file written comments by March 16, 2022. Comments must be
filed through the Commission’s website or by e-mail unless computer access is unavailable. To
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35306 3

comment electronically, please access the Commission’s home page at www.puc.idaho.gov. Click
the “Consumers” tab and then “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, the customer must e-mail the
comments to the Commission Secretary and the Company at the e-mail addresses listed
below. If computer access is unavailable, then comments may be mailed to the Commission and
Company at these addresses:
For the Idaho Public Utilities
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, Idaho 83714

For Teton Water & Sewer Company:

Jon Pinardi
Teton Water & Sewer Company
3940 Grant St.
Driggs, Idaho 83422
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
March 23, 2022.
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.
O R D E R
IT IS HEREBY ORDERED that the Company’s Application be processed by Modified
Procedure, Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so by March 16, 2022. The Company must file any reply comments by March
23, 2022.
IT IS FURTHER ORDERED that the parties should continue to comply with Order
No. 35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically
and shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35306 4

Service between parties should also be accomplished electronically. 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 2nd day
of February 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN HAMMOND, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\WATER\TTS-W-22-01\orders\TTSW2201_ntc app_mod_tb.docx