20241016Notice_of_Proposed_Settlement_Order_No_36361.pdf

Office of the Secretary
Service Date
October 16,2024
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 PROPOSED
SYSTEM ) SETTLEMENT
NOTICE OF COMMENT
DEADLINE
ORDER NO. 36361
On May 24, 2024, the Commission issued Order No. 36195, which opened a formal
investigation into whether Dry Creek Water Company, LLC ("Company")is operating as a public
utility subject to Commission regulation. In the same Order, the Commission set public comment
and Company reply deadlines. Commission Staff("Staff") filed comments, recommending that
the Commission exercise regulatory jurisdiction over the Company.
On July 17, 2024,the Commission issued Order No. 36268 granting the Company the first
of multiple extensions of its reply comment deadline to engage in settlement negotiations with
Staff.' Over the next few months, the Company and Staff worked to resolve this case.
On September 23, 2024, Staff and the Company (collectively the "Parties") filed a joint
motion to approve a proposed settlement ("Proposed Settlement") that they had entered. A copy
of the Proposed Settlement was attached to the motion as Exhibit A.
We now issue this Order noticing the Proposed Settlement and establish a deadline for the
public and all parties to comment on the Proposed Settlement.
NOTICE OF PROPOSED SETTLEMENT
YOU ARE HEREBY NOTIFIED that the Parties agree that the Company will amend its
corporate papers to directly serve homeowners and apply for a Certificate of Public Convenience
and Necessity ("CPCN") so that it becomes formally regulated on January 1, 2025.
' The Company filed reply comments on June 26,2024.However, in granting the Company's first request to extend
its reply comment deadline,the Commission deemed those comments preliminary and authorized the Company to file
supplementary reply comments.
NOTICE OF PROPOSED SETTLEMENT
NOTICE OF COMMENT DEADLINE
ORDER NO. 36361 1

YOU ARE FURTHER NOTIFIED that the Company agrees to stop serving Dry Creek
Ranch Homeowners Association ("HOA") and begin directly serving and billing homeowners
within the HOA by November 8, 2024.
YOU ARE FURTHER NOTIFIED that the Company will work with Staff to submit
documents and other information reasonably necessary for the Commission to issue a CPCN in
this case, effective January 1, 2025.
YOU ARE FURTHER NOTIFIED that Staff has reviewed the Company's current service
rates and believes them to be fair,just, and reasonable.
YOU ARE FURTHER NOTIFIED that the Company agrees that it will not increase its
rates without Commission authorization.
YOU ARE FURTHER NOTIFIED that under Commission Rule 275, "[p]roponents of a
proposed settlement carry the burden of showing that the settlement is reasonable, in the public
interest, or otherwise in accordance with law or regulatory policy." IDAPA 31.01.01.275.
YOU ARE FURTHER NOTIFIED that the Commission is not bound by the proposed
Settlement reached by the Parties. The Commission will independently review any proposed
settlement to determine whether the settlement is just, fair, and reasonable, and in the public
interest, or otherwise in accordance with law or regulatory policy. The Commission may accept a
settlement, reject a settlement, or state additional conditions under which a settlement will be
accepted. IDAPA 31.01.01.274-.276.
NOTICE OF COMMENT DEADLINES
YOU ARE FURTHER NOTIFIED that the Commission seeks comments from the public
on the Proposed Settlement. Persons desiring to state a position on the Proposed Settlement may
file a written comment explaining why the person supports or opposes the Proposed Settlement.
All Parties and any other persons must file comments by October 18, 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 home page 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.
YOU ARE FURTHER NOTIFIED that to file by e-mail, persons must e-mail the
comments to the Commission Secretary and the Company at the e-mail addresses listed below.
NOTICE OF PROPOSED SETTLEMENT
NOTICE OF COMMENT DEADLINE
ORDER NO. 36361 2

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.
YOU ARE FURTHER NOTIFIED that if computer access is unavailable, then comments
may be mailed to the Commission and Company 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 Idaho PUC: For Dry Creek Water Company, LLC:
Commission Secretary James H. Hunter
Idaho Public Utilities Commission Dry Creek Water Company
P.O. Box 83720 923 S. Bridgeway Place
Boise, ID 83720-0074 Eagle, ID 83616
secretM(y 6puc.Idaho.gov
Jennifer Reinhardt-Tessmer
Street Address for Express Mail: Kirton McConkie
1100 W. Idaho St., Ste. 930
11331 W. Chinden Blvd. Boise, ID 83702
Building 8, Suite 201-A jtessmerkkmlaw.com
Boise, ID 83714
ORDER
IT IS HEREBY ORDERED that all parties and any other persons desiring to submit written
comments supporting or opposing the Proposed Settlement must do so by October 18, 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.
NOTICE OF PROPOSED SETTLEMENT
NOTICE OF COMMENT DEADLINE
ORDER NO. 36361 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 16th day of
October 2024.
ERIC ANDERSON, PRESIDENT
JO R. HAMMOND JR., COMMISSIONER
G
EDWARD LODGE, C06dMISSIONER
ATTEST:
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M i arri s-
Commission Secreta
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I:\Legal\WATER\DRY-W-24-01\orders\DRYW2401_Ntc Settle_at.docx
NOTICE OF PROPOSED SETTLEMENT
NOTICE OF COMMENT DEADLINE
ORDER NO. 36361 4