20241227Final_Order_No_36430.pdf

Office of the Secretary
Service Date
December 27,2024
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 ) ORDER NO. 36430
SYSTEM )
On May 24,2024,the Commission issued Order No. 36195,opening a formal investigation
into whether Dry Creek Water Company,LLC("Company")is operating as a public utility subject
to Commission regulation and setting public comment and Company reply deadlines. Staff filed
comments, recommending that the Commission exercise regulatory jurisdiction over the
Company.
On July 17, 2024,the Commission granted the Company the first of multiple extensions of
its reply comment deadline to engage in settlement negotiations with Staff.Order No. 36268. Over
the next few months, the Company and Staff worked to resolve this case.
On September 23, 2024, Staff and the Company jointly moved for approval of a proposed
settlement they had entered. The terms of the settlement contemplate the Company coming under
Commission regulation and receiving a Certificate of Public Convenience and Necessity
("CPCN") on January 1, 2025 ("Settlement"). To facilitate this, the Settlement required the
Company to submit a compliance filing no later than November 8,2024,providing the information
reasonably necessary to issue a CPCN.
On October 16, 2024, the Commission issued Notice of Proposed Settlement and
established a deadline for all interested entities to file comments. Order No. 36361.
On October 18, 2024, Staff and the Company each filed comments in support of the
Settlement. Furthermore, Staff concluded an evaluation of the Company's current rates, which
have been in effect since 2023. Based on this evaluation, Staff believed the Company's current
rate structure and fees are fair,just, and reasonable.
On November 1, 2024, the Commission approved the Settlement, without modification.
Order No. 3 63 82.
On November 8,2024,the Company applied for a CPCN,submitting the CPCN application
("Application") under Case No. DRY-W-24-02.
ORDER NO. 3 643 0 1

During the Commission's December 18,2024,decision meeting, Staff presented a decision
memorandum, indicating that it believed the Application filed in Case No. DRY-W-24-02 should
be treated as a compliance filing consistent with the terms of the Settlement with final resolution
occurring in this case. That Application included relevant corporate documents, a proposed tariff,
legal description and map, and other necessary documents. Staff reviewed the Company's
documents, including its proposed tariff, legal description, and corporate documents, and
confirmed they conform to the Settlement. Staff also reviewed the Company's Idaho Department
of Environmental Quality's sanitary survey, water rights, and facility plan. Based on this review,
Staff believed that the Company has the necessary capacity and water rights to reliably serve its
customers.
Accordingly, Staff recommended that the Commission issue the Company a CPCN
covering a service territory consistent with the legal description and map attached to Staff s
December 18, 2024, decision memorandum. Staff further recommended Commission approval of
the proposed tariff the Company submitted, effective January 1, 2025.
COMMISSION FINDINGS AND DECISION
Having reviewed the record and the Company's submission and Staff s recommendations,
the Commission finds it reasonable to treat the Application the Company filed in Case No. DRY-
W-24-02 as a compliance filing in this case. We believe this is consistent with the terms of the
Settlement we approved in Order No. 36382 and will more efficiently complete the Company's
transition to regulation. Additionally, we find that the Company has complied with the provision
of the Settlement requiring it, by November 8, 2024, to provide the documents and information
reasonably necessary to issue a CPCN. Accordingly,we find it reasonable to issue the Company a
CPCN, effective January 1, 2025, with a certificated service territory consistent with the legal
description and map attached to Staff s December 18,2024, decision memorandum. Additionally,
we hereby approve the Company's proposed tariff, effective January 1, 2025.
ORDER
IT IS HEREBY ORDERED that the Company is granted a CPCN, effective January 1,
2025. The Company's service territory designated in this CPCN shall be consistent with the legal
description and map attached to Staffs December 18, 2024, decision memorandum.
IT IS FURTHER ORDERED that the Company's proposed tariff is approved, effective
January 1, 2025.
ORDER NO. 36430 2

THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date upon this Order regarding any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this 27t' day of
December 2024.
ER AND SON, PRESIDENT
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R. HAMMOND JR., COMMISSIONER
G
EDWARD LODGE, VOMMISSIONER
ATTEST:
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Commission Secre
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I:\Legal\WATER\DRY-W-24-01\orders\DRY W2401_Complimce_at.docx
ORDER NO. 36430 3