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HomeMy WebLinkAbout20250908Order_No_36688.pdf Office of the Secretary Service Date July 31,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) CASE NO. ISW-W-25-01 OF INTERMOUNTAIN SEWER AND ) WATER, CORP. FOR THE ISSUANCE OF A ) NOTICE OF APPLICATION CERTIFICATE OF PUBLIC CONVENIENCE ) AND NECESSITY ) NOTICE OF MODIFIED PROCEDURE ORDER NO. 36688 On May 29, 2025, Intermountain Sewer and Water, Corp. ("Company") applied to the Idaho Public Utilities Commission ("Commission") requesting a Certificate of Public Convenience and Necessity ("CPCN") authorizing it to provide water service in and around the Mayfield Spring Planned Community in Elmore County, Idaho ("Service Area"), which is currently in development ("Application"). The Company also requests authority from the Commission to charge an interim rate for service. On July 15, 2025, Staff presented a decision memo at the Commission's regular Decision Meeting recommending that the Company's requests be bifurcated for clarity. Staff recommended that the CPCN be processed in this docket and a separate docket be opened to consider the Company's request to charge an interim rate for service. Once a final order issues in this case resolving the Company's CPCN request, we direct Staff to recommend a procedural schedule for processing the Company's request to charge an interim rate for service. We now issue this Order providing notice of the Company's Application for a CPCN and establishing comment and reply deadlines. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company is currently unregulated and requests the Commission issue a CPCN authorizing the Company to provide water service to the Service Area. Application at 2-3. YOU ARE FURTHER NOTIFIED that the Company represents that Service Area water facilities (including well and distribution facilities) ("Water System") have been built in accordance with all applicable regulations associated with public drinking water. Id. at 2. The NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36688 1 Company states that the Water System has been reviewed and approved by the Idaho Department of Environmental Quality.Id. YOU ARE FURTHER NOTIFIED that the Company states that the Water System will be operated by Valley Hydro, Inc.Id. YOU ARE FURTHER NOTIFIED that the Company represents that it has the resources to ensure the Water System can be operated safely and appropriately. Id. YOU ARE FURTHER NOTIFIED that the Application and attachments are available for public inspection during regular business hours at the Commission's office. The Application is 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, must 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. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36688 2 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. For the Idaho Public Utilities For the Company: Commission: Commission Secretary T. Hethe Clark Idaho Public Utilities Commission 251 E. Front Street, Suite 310 P.O. Box 83720 P.O. Box 639 Boise, ID 83720-0074 Boise, ID 83701 secretary(apuc.idaho.gov hclark(aclarkwardle.com Street Address for Express Mail: Intermountain Sewer and Water, Corp. P.O. Box 344 11331 W. Chinden Blvd. Meridian, ID 83680 Building 8, Suite 201-A larrykwestparkco.com 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. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36688 3 ORDER IT IS HEREBY ORDERED that the Company's Application for a CPCN be processed under Modified Procedure. Persons interested in submitting written comments must do so within 21 days of the service date 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 a new docket be opened to consider the Company's request for authority to charge an interim rate for service. Once a final order issues in this case, Staff shall recommend a procedural schedule in the new docket. 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 3 1" day of July, 2025. G EDWARD LODGE, PRE54bENT J R. HAMMOND JR., COMMISSIONER 1 DAYN HARNE, COMMISSIONER ATTEST: I Ji M A 1ca al r ies- anchez Commission Secretary I:\Legal\WATER\ISW-W-25-01_CPCN\orders\ISW W2501_ntc_app_modjl.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36688 4