HomeMy WebLinkAbout20250807Notice_of_Application_Order_No_36709.pdf Office of the Secretary
Service Date
August 7,2025
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF BEAR CLAW WATER ) CASE NO. BCW-W-25-01
SYSTEM, LLC'S APPLICATION FOR A )
CERTIFICATE OF PUBLIC CONVENIENCE ) NOTICE OF APPLICATION
AND NECESSITY )
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 36709
On July 14,2025,Bear Claw Water System,LLC("Company")applied to the Idaho Public
Utilities Commission ("Commission") requesting Certificate of Public Convenience and
Necessity.
We now issue this Notice of Application and set dates for public comments and the
Company's reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company provides water within the Bear Claw
Subdivision in Bonner County, near Clark Fork, Idaho. It currently operates as an unregulated
water corporation. Application at 1.
YOU ARE FURTHER NOTIFIED that the company states that it is an Idaho limited
liability company. The Company included its Certificate of Organization, Amendment to
Certificate of Organization, and Operating Agreement with its Application. Id. at Exhibits A-C.
YOU ARE FURTHER NOTIFIED that the Company filed with the Application a copy of
the plat of the Bear Claw Subdivision, and the legal description of the area that the Company states
is the area to be served. Id. at Exhibits D-E.
YOU ARE FURTHER NOTIFIED that the Company provided information about its water
system layout and the water rights. Id. at Exhibits G-J.
YOU ARE FURTHER NOTIFIED that the Company provided information regarding the
current rate structure and customer payments. Id. at 3-4.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36709 1
YOU ARE FURTHER NOTIFIED that the Company states that the water system cannot
serve any additional connections and included a copy of its Notice of Moratorium on Connections
to Bear Claw Water System with its Application.Id. at Exhibit M.
YOU ARE FURTHER NOTIFIED that the Company included copies of the Company's
initial and final Notice of Termination of Service. Id. at Exhibits P-Q.
YOU ARE FURTHER NOTIFIED that the Application and Exhibits 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 all proceedings in this case will be held pursuant
to the Commission's jurisdiction under 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 MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-.204.
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 the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone are insufficient. Persons interested in filing
written comments,may do so within 21 days of the service date of this Order.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 http://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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36709 2
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.
For the Idaho Public Utilities For the Company:
Commission:
Commission Secretary Courtney B. Whitten
Idaho Public Utilities Commission Winston& Cashatt
P.O. Box 83720 601 W. Riverside, Suite 1900
Boise, ID 83720-0074 Spokane, WA 99201
secretarykpuc.idaho._og_v cbwkwinstoncashatt.com
Street Address for Express Mail:
11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within
28 days of the service date of this Order.
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 final
order without a formal 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 formal hearing.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified Procedure.
Persons interested in submitting written comments must do so within 21 days of the service date
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36709 3
of this Order. The Company must file any reply comments within 28 days of the service date of
this Order.
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 71h day of
August, 2025.
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R. HAMMOND JR., COMMISSIONER
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ATTEST:
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Commission Secretary
I:\Legal\WATER\BCW-W-25-01_CPCN\orders\BCW W2501_ntc_app_mod_em.docx
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