20240801Memorandum in Support of Motion.pdf

RECEIVED
Thursday, August 1, 2024
IDAHO PUBLIC
UTILITIES COMMISSION
Jennifer Reinhardt-Tessmer (ISB 7432)
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 COMPANY
SYSTEM ) LLC'S MEMORANDUM IN
SUPPORT OF 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 Rule 256 of the Rules of
Procedure of the Idaho Public Utilities Commission ("IPUC" or "Commission") and
respectfully submits this Memorandum in further support of its Motion to Amend Order
36268, which was filed with the Commission on July 23, 2024. This Memorandum is filed
specifically in response to Commission Order 36278, wherein the Commission requested
additional information from Dry Creek on the settlement solutions under consideration in
order to determine whether the requested 60-day extension is reasonable.
DRY CREEK WATER COMPANY LLC'S MEMORANDUM IN SUPPORT OF MOTION
TO AMEND ORDER 36268 - 1

I. Procedural Background
On June 25, 2024, Dry Creek filed its Petition to Amend Interlocutory Order No.
36195 to extend Respondent's reply comment deadline by 28 days, in part, in order to
provide Dry Creek and its newly retained counsel an opportunity to explore potential
resolutions with Staff and Staff's counsel, which may be dispositive of the instant matter.
On July 17, 2024, the Commission granted Dry Creek's motion, setting the new comment
deadline for July 24, 2024. On July 23, 2024, Dry Creek filed its Motion to Amend Order
36268, seeking an additional 60 days to provide Dry Creek additional time to investigate
and potentially implement resolutions discussed with Staff, which would resolve the issue
of jurisdiction. On the same day, Staff's attorney filed a Decision Memorandum confirming
the parties were unable to meet in person until July 22, 2024 (for settlement discussions),
which meeting was productive; however, Dry Creek needed additional time to determine
whether it could implement the discussed solutions. Staff did not oppose the requested
extension and a check-in between the parties to occur within 30 days. The Commission's
Order No. 36278 seeks additional information from Dry Creek in support its motion —
specifically, the Commission asks Dry Creek to identify the settlement solutions the
parties discussed that Dry Creek is considering, in order to evaluate the necessity of a
further extension.
II. Dry Creek's Request for a 60 Day Extension
Dry Creek acknowledges the informal investigation spanned approximately 16
months; however, the formal investigation into Dry Creek's status was only initiated two
months ago, with Staff's Comments (and recommendations) not being known until June
12, 2024. Thereafter, Dry Creek was diligent in retaining its current counsel to advise
DRY CREEK WATER COMPANY LLC'S MEMORANDUM IN SUPPORT OF MOTION
TO AMEND ORDER 36268 - 2

them on this matter. Both parties and their counsel agree that their discussions over the
past month and a half have been productive; however, further time is necessary to explore
a mutually agreeable solution. Allowing this opportunity for a settlement would prevent
the potential waste of time and resources associated with the Commission reaching a
decision that may have to be unwound shortly thereafter. Dry Creek and its counsel have
conferred with Staff (through Staff's counsel), and they have confirmed they still do not
oppose the extension, with a check-in between the parties to occur within 30 days. In the
meantime, Dry Creek has established it is not making a profit and won't anytime for the
foreseeable future, so there is no risk of harm to the public while settlement efforts are
pursued. Because Dry Creek wishes to maintain the confidentiality of settlement
discussions to date, and also due to the sensitive business information accompanying
those discussions, Dry Creek offers supplemental details regarding the present action
Dry Creek is taking toward a resolution to this matter in the concurrently filed confidential
Declaration of Ann Dickey in Support of Dry Creek Water Company LLC's Motion to
Amend Order 36268.
III. CONCLUSION
Dry Creek respectfully requests that the Commission grant Respondent's
Unopposed request for an additional 60 days to file its supplemental reply comments,
with a check-in with Staff to occur within 30 days.
Respectfully Submitted this 1 st day of August, 2024.
/s/Jennifer Reinhardt-Tessmer
Jennifer Reinhardt-Tessmer
Attorneys for Dry Creek Water Company LLC
DRY CREEK WATER COMPANY LLC'S MEMORANDUM IN SUPPORT OF MOTION
TO AMEND ORDER 36268 - 3

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 1st day of August, 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] El Overnight Mail
❑ Facsimile
/s/ Valerie R. Altig
Valerie R. Altig
Legal Assistant for Kirton McConkie
Counsel for Dry Creek Water Co., LLC
DRY CREEK WATER COMPANY LLC'S MEMORANDUM IN SUPPORT OF MOTION
TO AMEND ORDER 36268 - 4