20231122Notice_of_Application_Order_No_36006.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36006 1

Office of the Secretary
Service Date
November 22, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF VEOLIA WATER
IDAHO, INC.’S APPLICATION FOR
APPROVAL OF FIRE HYDRANT
CONVEYANCE, INSTALLATION, AND
OPERATION AGREEMENT
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CASE NO. VEO-W-23-04

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 36006

On October 20, 2023, Veolia Water Idaho, Inc. (“Company”) applied for Commission
approval of a Fire Hydrant Conveyance, Installation, and Operation Agreement between the
Company and Whitney Fire Protection District (“District”) (collectively, “Parties”). The Company
requested that the Commission process the Application through modified procedure.
The Commission now issues this Notice of Application and Notice of Modified Procedure
establishing public comment and Company reply deadlines.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED the Company stated that it and the District each own fire
hydrants within the Company’s service area in the City of Boise (“Boise”) and Ada County. The
Company further stated that many fire hydrants owned by the District need maintenance—a
process which burdens the District’s fire protection responsibilities.
YOU ARE FURTHER NOTIFIED that the Company stated an agreement was reached
between the Company and the District that included the conveyance of the District’s fire hydrants
to the Company (“Agreement”). The Agreement is subject to Commission approval. If such
approval is granted, the Agreement will go into effect thirty days after a final order is issued.
YOU ARE FURTHER NOTIFIED that the Company proposed a process whereby
ownership of the District’s fire hydrants within the Company’s service area would be transferred
to the Company over a five-year period—with 1/5 of the District’s fire hydrants conveyed to the
Company each year. The Company would then have unified ownership and maintenance
responsibilities over all the fire hydrants that the District uses in Boise and Ada county within its
service territory. The Company stated that it had the financial ability to maintain these fire
hydrants.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36006 2

YOU ARE FURTHER NOTIFIED that the Company explained that the Agreement also
allows the Company to install new fire hydrants in locations where the existing fire hydrants are
too distant from each other to comply with the fire code.
YOU ARE FURTHER NOTIFIED the Company stated that there are approximately 70
private fire hydrants in the District. If the Agreement is approved, the Company intends to begin
billing the owners of these hydrants as allowed by Commission approved tariffs.
YOU ARE FURTHER NOTIFIED that the Application and supporting materials are
available for public inspection during regular business hours at the Commission’s office. These
documents are also available on the Commission’s website at www.puc.idaho.gov. Click on the
“WATER” tab, select “Open Cases,” and then locate 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. 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.
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.
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 shall have until January 18, 2024, to file written comments. Comments
must be filed through the Commission’s website or by e-mail unless computer access is
unavailable. To comment electronically, please access the Commission’s home page at
www.puc.idaho.gov. Click the “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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36006 3

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 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, ID 83714

For the Company:

Preston N. Carter
Morgan D. Goodin
Givens Pursley LLP
601 West Bannock Street
P.O. Box 2720
Boise, ID 83701-2720
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by
February 1, 2024.
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 this case be processed by Modified Procedure. Persons
wishing to file written comments must do so by January 18, 2024. The Parties must file any reply
comments by February 1, 2024.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36006 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 22nd day of
November 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Interim Commission Secretary

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