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HomeMy WebLinkAbout20240521Notice_of_Modified_Procedure_Order_No_36188.pdf Office of the Secretary Service Date May 21,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF FARKO WATER ) CASE NO. PTE-W-24-01 SYSTEM'S PROPOSED CANCELLATION ) OF PONDEROSA TERRACE ESTATES ) NOTICE OF MODIFIED WATER SYSTEM'S CERTIFICATE OF ) PROCEDURE PUBLIC CONVENIENCE AND NECESSITY ) NO. 393 ) ORDER NO. 36188 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. The Commission now issues a Notice of Modified Procedure. NOTICE OF MODIFIED PROCEDURE YOU ARE HEREBY NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter, and that it will proceed under Modified Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-.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 and explain why written comments alone are insufficient. Persons interested in filing ' 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. NOTICE OF MODIFIED PROCEDURE ORDER NO. 36188 1 written comments must do so by June 12, 2024. 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 website at http://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, persons must e-mail the comments to the Commission Secretary and all parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code § 74-101(13), and all information provided by such person is available for public and media inspection. If computer access is unavailable, then comments may be mailed to the Commission and the Parties at the addresses below.Persons submitting a comment by mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code§74-101(13),and all information provided by such person is available for public and media inspection. For the Commission: For the water system: Commission Secretary Larry Fairfax Idaho Public Utilities Commission Farko Water System, Inc. P.O. Box 83720 P.O. Box 826 Boise, ID 83720-0074 468665 Hwy 95 N. Unit 738 secretM(a�,puc.idaho.gov Sagle, ID 83860 farkowater&gmail.c om Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by June 20, 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 NOTICE OF MODIFIED PROCEDURE ORDER NO. 36188 2 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. ORDER IT IS HEREBY ORDERED that the Company's Application be processed by Modified Procedure. Persons interested in submitting written comments must do so by June 12, 2024. The Company must file any reply comments by June 20, 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. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 21St day of May 2024. ERIC ANDERSON, PRESIDENT -- �4� OHN R. HAMMOND JR., COMMISSIONER G DWAR D LODGE, OMMISSIONER ATTEST: M Lila rri nc Commission Secretary I TegaLWATERTTE-W-24-01_cancel CPCN\orders\Ntc_Mod_md.docx NOTICE OF MODIFIED PROCEDURE ORDER NO. 36188 3