20240430Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL
DATE: APRIL 30, 2024
SUBJECT: IN THE MATTER OF FARKO WATER SYSTEM'S PROPOSED
CANCELLATION OF PONDEROSA TERRACE ESTATES WATER
SYSTEM'S CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY NO. 393; CASE NO. PTE-W-24-01.
On January 18, 2024, an Application ("Application") was submitted to the Commission
which stated that Ponderosa Terrace Estates Water System, Inc. ("PTE")was sold to Farko Water
System Inc. ("Farko")' on October 1, 2016. While the Application's heading requested a transfer
of PTE's Certificate of Public Convenience and Necessity("CPCN"), the body of the Application
clearly requested that PTE's CPCN be cancelled. Rather than ask that Farko be issued a new
CPCN, the Application requested that the Commission recognize that Farko is operating the
system as a not-for-profit organization; supplemental information related to this request was
attached to the Application.
On February 16, 2024, the Commission issued a Notice of Application and Notice of
Intervention Deadline. Order No. 36093.No Parties intervened.
STAFF RECOMMENDATION
Staff recommended the Commission issue a Notice of Modified Procedure with public
comments due by June 12, 2024, and the Company reply due by June 20, 2024.
1 While the Application indicates that the word "Company" is used in both PTE's and Farko's company names,
according to the Idaho Secretary of State,both companies actually use the word"System"instead of"Company"in
their respective titles.
DECISION MEMORANDUM I

COMMISSION DECISION
Does the Commission wish to issue a Notice of Modified Procedure with public comments
due by June 12, 2024, and the Company reply due by June 20, 2024?
Michael Duval
Deputy Attorney General
I:\Legal\WATER\PTE-W-24-01_cancel CPCN\memos\PTEW2401_dec2_md.docx
DECISION MEMORANDUM 2