20240524Notice_of_Investigation_Order_No_36195.pdf

Office of the Secretary
Service Date
May 24,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
INVESTIGATION INTO DRY CREEK ) CASE NO. DRY-W-24-01
WATER COMPANY, LLC, OWNER OF A )
WATER SUPPLY AND DISTRIBUTION ) NOTICE OF INVESTIGATION
SYSTEM )
ORDER NO. 36195
Dry Creek Water Company, LLC ("Company"), is an Idaho limited liability company that
owns a water distribution system located north-west of Boise. The Company provides water to the
Dry Creek Ranch community,and as of December 2023, serves 381 connections. When fully built
out,the system is projected to serve significantly more connections. The Company is not currently
regulated by the Idaho Public Utilities Commission ("Commission") and does not possess a
Certificate of Public Convenience and Necessity.
At the Commission's May 7, 2024, Decision Meeting, Commission Staff ("Staff')
presented a decision memorandum recommending the Commission open a docket to formally
investigate whether the Company is operating as a public utility that should be regulated by the
Commission. Staff based this recommendation on customer complaints filed informally and
information provided by the Company.
Considering the uncertainty surrounding the Company's regulatory status,the Commission
finds it reasonable to investigate the Company under our statutory authority and jurisdiction under
the Idaho Public Utilities Law, specifically Idaho Code § 61-501 et seq. The purpose of this
investigation is to determine whether the Company should be a regulated utility under the Idaho
Code. Staff s investigation should include whether the Company is a public utility that should be
directed to apply for a Certificate of Public Convenience and Necessity, and what further steps, if
any, the Company should take to comply with Idaho law.
NOTICE OF INVESTIGATION
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and it will review the case through written
submissions.
YOU ARE FURTHER NOTIFIED that Staff and other persons desiring to state a position
on this matter may file written comments. Persons who would like a hearing must specifically
ORDER NO. 36195 1

request a hearing in their written comments. Persons shall have until June 12, 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
website 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, 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.
Idaho Public Utilities Commission: Dry Creek Water Company,LLC:
Commission Secretary James H. Hunter, Manager
Idaho Public Utilities Commission Dry Creek Water Company
P.O. Box 83720 923 S. Bridgeway Place
Boise, ID 83720-0074 Eagle, ID 83616
secretarygpuc.Idaho.gov
Norman Semanko
Street Address for Express Mail: Parsons Behle & Latimer
800 W. Main St., Ste. 1300
11331 W. Chinden Blvd. Boise, ID 83702
Building 8, Suite 201-A nsemankokparsonsbehle.com
Boise, ID 83714
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
June 26, 2024.
ORDER NO. 36195 2

ORDER
IT IS HEREBY ORDERED that Staff shall investigate the status of the Company and file
written comments making a recommendation to the Commission for further action, if necessary.
Staff may issue production requests,written interrogatories or other forms of discovery and pursue
its statutory right to examine and audit the records of the Company as they relate or pertain to the
sale of water.
IT IS FURTHER ORDERED that the Company is directed to cooperate with Staff s
investigation.
IT IS FURTHER ORDERED that Staff and other persons interested in submitting written
comments must do so by June 12, 2024. The Company must file any reply comments by June 26,
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 241h day of
May 2024.
ERIC ANDERSON, PRESIDENT
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HN R. HAMMOND JR., COMMISSIONER
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I:\Legal\WATER\DRY-W-24-01\orders\DRY W2401_Ntc_Imest_at.docx
ORDER NO. 36195 3