HomeMy WebLinkAbout20250219Notice_of_Application_Order_No_36471.pdf Office of the Secretary Service Date February 19,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF PRIEST LAKE ) CASE NO. PLW-W-24-02 WATER LLC'S APPLICATION TO ) INCREASE ITS RATES AND CHARGES FOR ) NOTICE OF APPLICATION WATER SERVICE IN THE STATE OF ) IDAHO ) NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE NOTICE OF INTERVENTION DEADLINE NOTICE OF CUSTOMER HEARING NOTICE OF MODIFIED PROCEDURE NOTICE OF PUBLIC WORKSHOP ORDER NO. 36471 On October 8, 2024, Priest Lake Water, LLC ("Company") applied for a Certificate of Public Convenience and Necessity("CPCN"),to provide water service near Priest Lake in Bonner County, Idaho. The Company also requested authorization to increase its service rates. The Company requested a December 1, 2024, effective date for the rate increase. On December 4, 2024, the Commission opened this case, transferring the Company's request to increase rates to it for processing and evaluation. Order No. 36408. The Commission further directed Commission Staff("Staff') to recommend a procedural schedule for processing the requested rate increase, contingent upon the resolution of the Company's request for a CPCN. On January 13, 2025, the Commission issued Order No. 36442, granting the Company's request for a CPCN.During the Commission's February 4,2025,decision meeting, Staff presented a decision memorandum, recommending a schedule for processing this case. NOTICE OF APPLICATION NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE NOTICE OF INTERVENTION DEADLINE NOTICE OF CUSTOMER HEARING NOTICE OF MODIFIED PROCEDURE NOTICE OF PUBLIC WORKSHOP ORDER NO. 36471 1 With this Order,we adopt the proposed schedule for this case and establish public comment and company reply deadlines, schedule a customer hearing at which customers and interested members of the public may testify before the Commission. We also provide notice of an in-person public workshop and suspend the Company's proposed effective date. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED the Company is a Commission-regulated water corporation that serves customers in Idaho under Certificate of Public Convenience and Necessity No. 557. YOU ARE FURTHER NOTIFIED the Company currently serves approximately 72 residential customers in the Marvin Estates Subdivision, Priest Lake, Idaho. When completely built out, the Company could serve up to 113 lots. YOU ARE FURTHER NOTIFIED the Company seeks to increase its rates from the current single flat monthly rate of$37 to a flat monthly rate of$98 for residential customers and a flat monthly rate of$100 for commercial customers. YOU ARE FURTHER NOTIFIED the Company included a copy of a notice informing customers of the proposed rate increases with its Application. YOU ARE FURTHER NOTIFIED that the Application and supporting documentation have been filed with the Commission and are available for public inspection during regular business hours at the Commission's office. These documents are also available on the Commission's website at www.puc.idaho.gov. Click on the"WATER"icon, select"Open Cases," and click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that the Commission has designated this case as a general rate case. As such, the Company's intrastate revenue requirement, and every component of it, both rate base and expense, may be at issue. The Commission may grant, deny, or modify the revenue requirement requested and may find a revenue requirement different from that proposed by any party is just, fair, and reasonable. IDAPA 31.01.01.124.01. YOU ARE FURTHER NOTIFIED that all of the Company's retail rates and charges, including those of special contract customers, may be at issue, and every component of every NOTICE OF APPLICATION NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE NOTICE OF INTERVENTION DEADLINE NOTICE OF CUSTOMER HEARING NOTICE OF MODIFIED PROCEDURE NOTICE OF PUBLIC WORKSHOP ORDER NO. 36471 2 existing and proposed rate and charge may be at issue. The Commission may approve, reject, or modify the rates and charges proposed and may find that rates and charges different from those proposed by any parry are just, fair, and reasonable. IDAPA 31.01.01.124.02. YOU ARE FURTHER NOTIFIED that the Commission may approve, reject, or modify existing or proposed relationships between and among rates and charges within, between, or among customer classes or rate groupings and may approve,reject, or modify existing or proposed relationships among and between customer classes or rate groupings.Id. YOU ARE FURTHER NOTIFIED that the Commission may abolish,reduce,or create rate blocks or categories of rates and charges; abolish, create, or reduce components of rates and charges;abolish,reduce,or create customer classes or rate groupings;and abolish,reduce,or create absolute or relative differences among and between existing classes or rate groupings of customers. Id. YOU ARE FURTHER NOTIFIED that the tariffs,practices,rules and regulations, service, instrumentalities, equipment, facilities,classifications, and customer relations of the utility may be at issue, and the Commission may address any of them in its order.Id. YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over the Company, its filing, and the issues pertaining to this case pursuant to Title 61 of the Idaho Code, and that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE YOU ARE FURTHER NOTIFIED that the Company filed its Application on October 8, 2024, proposing a December 1, 2024, effective date. The Commission finds that the Company's proposed effective date does not provide adequate time for Staff, and interested persons, to evaluate the Company's proposal. Pursuant to Idaho Code § 61-622, the Commission suspends the proposed changes for thirty (30) days and five (5) months or until the Commission enters an order accepting, rejecting, or modifying the proposed rate increases. NOTICE OF APPLICATION NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE NOTICE OF INTERVENTION DEADLINE NOTICE OF CUSTOMER HEARING NOTICE OF MODIFIED PROCEDURE NOTICE OF PUBLIC WORKSHOP ORDER NO. 36471 3 NOTICE OF INTERVENTION DEADLINE YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter to obtain parties' rights of participation must file a Petition to Intervene with the Commission pursuant to this Commission's Rules of Procedure 71-73, IDAPA 31.01.01.072-073. Persons who wish to intervene as a party must file a Petition to Intervene no later than twenty-one (21) days after the date of service of this Order. Persons desiring to present their views without parties' rights of participation do not have to intervene and may present their comments without prior notification to the Commission or the parties. YOU ARE FURTHER NOTIFIED that the Commission Secretary shall issue a Notice of Parties after the deadline for intervention has passed. The Notice of Parties shall assign exhibit numbers to each party in this proceeding. YOU ARE FURTHER NOTIFIED that the following persons are designated as the Company's representatives in this matter: For Priest Lake Water: Jared Horlacher Sarah B. McOwen 279 Tracy Lane 102 Superior St. Priest Lake, ID 83856 P.O. Box C jaredhorlachergyahoo.com Sandpoint, ID 83864 sarah(a),smithmcowenlaw.com NOTICE OF CUSTOMER HEARING YOU ARE FURTHER NOTIFIED that the Commission will conduct an in-person customer hearing in this matter on Wednesday,April 16,2025,starting at 6:00 P.M.(local time) and ending at 8:00 P.M. (local time), or after all customer testimony has been taken, whichever comes first. The customer hearing will be held at 5310 Dickensheet Road, Coolin, Idaho 83821 (The Inn at Priest Lake). The purpose of the customer hearing is to take testimony from customers of the Company. Those planning to testify are encouraged to arrive at the hearing location by 5:45 P.M. (local time) as the hearing will conclude when it appears all customer testimony has been received. For those who wish to call-in and listen only,please call 1-415-655- NOTICE OF APPLICATION NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE NOTICE OF INTERVENTION DEADLINE NOTICE OF CUSTOMER HEARING NOTICE OF MODIFIED PROCEDURE NOTICE OF PUBLIC WORKSHOP ORDER NO. 36471 4 0001 and enter meeting number 2869 925 1196 when prompted(customers will not be allowed to testify telephonically). NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission will accept written comments under the Commission's Rules of Modified Procedure Rules 201-204 of the Idaho Public Utilities Commission's Rules of Procedure, IDAPA 31.01.01.201-204, in addition to testimony at the customer hearing. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this Application may file a written comment explaining why they support or oppose the Application. Persons who would like a hearing must specifically request a hearing in their written comments. Persons shall have until April 9, 2025, 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. NOTICE OF APPLICATION NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE NOTICE OF INTERVENTION DEADLINE NOTICE OF CUSTOMER HEARING NOTICE OF MODIFIED PROCEDURE NOTICE OF PUBLIC WORKSHOP ORDER NO. 36471 5 For the Idaho PUC: For Priest Lake Water Company: Commission Secretary Jared Horlacher Idaho Public Utilities Commission 279 Tracy Lane P.O. Box 83720 Priest Lake, ID 83856 Boise, ID 83720-0074 jaredhorlachergyahoo.com secretgUApuc.Idaho.gov Sarah B. McOwen Street Address for Express Mail: 102 Superior St. P.O. Box C 11331 W. Chinden Blvd. Sandpoint, ID 83864 Building 8, Suite 201-A sarah(c�r�,smithmcowenlaw.com Boise, ID 83714 YOU ARE FURTHER NOTIFIED that the Company must file any reply comments no later than April 30, 2025. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set,the Commission will consider this matter on its merits and enter its order without a formal technical hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for a formal technical hearing. NOTICE OF PUBLIC WORKSHOP YOU ARE FURTHER NOTIFIED that Staff will hold an in-person public, informational workshop for customers taking service from the Company at the Inn at Priest Lake, 5310 Dickensheet Road, Coolin, Idaho 83821 on TUESDAY, MARCH 4, 2025, FROM 6:00 P.M. to 8:00 P.M. (local time). The purpose of the workshop is to provide customers with an overview of the Application and Staff s analysis regarding the proposed rate increase. At the workshop, customers may ask Staff about the Application and how customers may further participate in the proceeding. Representatives of the Company may also be available. YOU ARE FURTHER NOTIFIED that depending on the attendance and public interest, the Commission may impose a five (5) minute cap on each individual's testimony to ensure that all interested persons have an opportunity to present their positions on the record. Additionally, NOTICE OF APPLICATION NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE NOTICE OF INTERVENTION DEADLINE NOTICE OF CUSTOMER HEARING NOTICE OF MODIFIED PROCEDURE NOTICE OF PUBLIC WORKSHOP ORDER NO. 36471 6 interested persons who have lengthy testimony are encouraged to file their full testimony—or the portion exceeding the time limit—in accordance with the public comment instructions. YOU ARE FURTHER NOTIFIED that the customer hearing will be held in facilities meeting the accessibility requirements of the Americans with Disabilities Act. Persons needing the help of a sign language interpreter or other assistance to participate in or to understand testimony and argument at a public hearing may ask the Commission to provide a sign language interpreter or other assistance at the workshop or hearings. The request for assistance must be received at least five (5)working days before the hearing by contacting the Commission Secretary at: IDAHO PUBLIC UTILITIES COMMISSION P.O. BOX 83720 BOISE, IDAHO 83720-0074 (208) 334-0338 (Telephone) (208) 334-3762 (FAX) secretgagpuc.Idaho.gov ORDER IT IS HEREBY ORDERED that the Company's proposed effective date of December 1, 2024, for its rate increases is suspended for thirty (30) days plus five (5) months or until the Commission enters an earlier order accepting,rejecting, or modifying the proposed rate increases. IT IS FURTHER ORDERED that persons desiring to intervene in this case for the purpose of obtaining parties' rights of participation must file a Petition to Intervene with the Commission, under Rules 71-73, IDAPA 31.01.01.071-073,no later than twenty-one (21) days after the service date of this Order. IT IS FURTHER ORDERED that an in-person public customer hearing will be held on Wednesday, April 16, 2025, from 6:00 P.M. to 8:00 P.M. (local time), or after all customer testimony has been taken, whichever comes first. The customer hearing will be held at 5310 Dickensheet Road, Coolin, Idaho 83821 (The Inn at Priest Lake). Customers can call in using the information listed above to listen to the customer hearing but must be physically present to offer testimony. NOTICE OF APPLICATION NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE NOTICE OF INTERVENTION DEADLINE NOTICE OF CUSTOMER HEARING NOTICE OF MODIFIED PROCEDURE NOTICE OF PUBLIC WORKSHOP ORDER NO. 36471 7 IT IS FURTHER ORDERED that the Company's application be processed by Modified Procedure,Rules 201-204. Persons interested in submitting written comments must do so by April 9, 2025, and the deadline for the Company to file a reply, if any, is April 30, 2025. IT IS FURTHER ORDERED that Commission Staff hold a public, informational, customer workshop at the Inn at Priest Lake, 5310 Dickensheet Road, Coolin,Idaho 83821 on TUESDAY,MARCH 4, 2025, FROM 6:00 P.M. to 8:00 P.M. (local time). 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 191h day of February 2025. C EDWARD LODGE, PRESAANT R. HAMMOND JR., COMMISSIONER Recused DAYN HARDIE, COMMISSIONER ATTEST: 10 A �.. a B io S Commission Secre ;�Y IALega1\WATER\PLW-W-24-02_GRC\orders\PLW W2402_Nte App_ID_Susp_at.doex NOTICE OF APPLICATION NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE NOTICE OF INTERVENTION DEADLINE NOTICE OF CUSTOMER HEARING NOTICE OF MODIFIED PROCEDURE NOTICE OF PUBLIC WORKSHOP ORDER NO. 36471 8