20240723Expedited Motion to Amend Order 36268.pdf

RECEIVED
Tuesday, July 23, 2024 10:18AM
IDAHO PUBLIC
Jennifer Reinhardt-Tessmer (ISB 7432) UTILITIES COMMISSION
Ashton G. Ruff (ISB 12220)
KIRTON MCCONKIE
1100 W. Idaho St., Ste. 930
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Dry Creek Water Company LLC
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 ) DRY CREEK WATER
SYSTEM ) COMPANY'S EXPEDITED
MOTION TO AMEND ORDER
36268
COMES NOW, Dry Creek Water Company LLC ("Dry Creek"), by and through its
legal counsel, Kirton McConkie, and in accordance with Rules 256.03 and 322 of the
Rules of Procedure of the Idaho Public Utilities Commission ("IPUC" or "Commission"),
and respectfully submits its Expedited Motion to Amend Order 36268 ("the Order") and to
extend Dry Creek's deadline to file supplemental reply comments by an additional 60
days, in order to provide Dry Creek more time to investigate and potentially implement
resolutions, which would resolve the issue of regulation, which were recently discussed
with Staff and Staff's counsel.
BACKGROUND
Dry Creek incorporates the Background facts set forth in its preliminary comments.
Since the filing of preliminary comments, on July 17, 2024, the Commission issued Order
DRY CREEK WATER COMPANY'S EXPEDITED MOTION TO AMEND ORDER 36268 - 1

36268, which extended Dry Creek's reply comment deadline until July 24, 2024 in order
to allow the parties additional time to explore alternatives to resolve this matter. Since
that time, counsel for the parties have remained in communication in an effort to further
address the issues identified in Staff's Comments. Given Staff's busy schedule, an in-
person meeting could not occur until July 22, 2024. This meeting was productive and
provided Dry Creek with solutions and direction, which if implemented, would likely result
in a stipulation between Staff and Dry Creek that Dry Creek is not under the jurisdiction
of the Commission. However, given Dry Creek's impending reply comment deadline,
combined with the complexity of the business structure of Dry Creek, including numerous
financial partners, additional time is needed to coordinate the recently discussed
resolutions. As such, Dry Creek respectfully requests expedited treatment of the instant
motion and represents it has conferred with Staff and Staff's counsel on its request, and
they have expressed no objection to a 60-day extension of Dry Creek's supplemental
reply comment deadline, with a check-in to occur between the parties within 30 days.
REQUEST FOR 60 DAY STAY
Based on the foregoing facts and in the interest of reaching a resolution in the most
efficient manner, as well as the likelihood that a stipulation between the parties can be
reached, Dry Creek respectfully requests a 60-day extension of its supplemental reply
comment deadline, with a check-in with Staff occurring within 30 days, which should
allow, not only for the adequate evaluation of remedies but also the implementation of
said remedies, with accompanying evidence thereof to satisfy Staff's concerns.
DRY CREEK WATER COMPANY'S EXPEDITED MOTION TO AMEND ORDER 36268 - 2

CONCLUSION
Dry Creek Water respectfully requests a 60-day extension of its supplemental
Reply Comment deadline set forth in the Order to continue productive settlement
discussions with Staff, with the parties to check in within 30 days.
Respectfully Submitted this 23rd day of July, 2024.
/s/Jennifer Reinhardt-Tessmer
Jennifer Reinhardt-Tessmer
Attorneys for Dry Creek Water Company LLC
DRY CREEK WATER COMPANY'S EXPEDITED MOTION TO AMEND ORDER 36268 - 3

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 23rd day of July, 2024, 1 served the foregoing
document upon the following named parties by the method indicated below, and
addressed to the following:
Commission Secretary ❑ U.S. Mail
Idaho Public Utilities Commission ® Email
P.O. Box 83720 ❑ Hand Delivery
Boise, ID 83720-0074
[e-mail] ❑ Overnight Mail
❑ Facsimile
(" �-
l
Valerie R. Altig
Legal Assistant for Kirton McCon
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Counsel for Dry Creek Water Co. LLC
DRY CREEK WATER COMPANY'S EXPEDITED MOTION TO AMEND ORDER 36268 -4