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HomeMy WebLinkAbout20230411Show Cause Hearing Transcript Vol I.pdfIn The Matter Of: ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty Vol. I March 29, 2023 T&T Reporting, LLC 477 Shoup Avenue, Suite 105 Idaho Falls, Idaho 83402 (208) 529-5491 Min-U-Script® with Word Index 1 1 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION 2 IN THE MATTER OF ISLAND PARK ) CASE NO. ISL-W-23-01 3 WATER COMPANY'S FAILURE TO ) COMPLY WITH IDAHO PUBLIC ) SHOW CAUSE HEARING 4 UTILITIES COMMISSION REPORTING ) ORDER NO. 35707 AND FISCAL REQUIREMENTS. ) 5 ) 6 7 BEFORE: 8 COMMISSIONER ERIC ANDERSON, CHAIR 9 COMMISSIONER JOHN HAMMOND, JR. COMMISSIONER EDWARD LODGE 10 11 12 HELD AT: Island Park Emergency Services Building 4378 County Circle 13 Island Park, Idaho 14 DATE: March 29, 2023 15 16 TIME: 11:39 a.m. 17 18 19 VOLUME I - Pages 1 - 132 20 21 22 23 24 25 2 1 A P P E A R A N C E S 2 For the Staff: 3 Claire Sharp, Deputy Attorney General 4 11331 West Chinden Boulevard Building 8, Suite 201-A 5 PO Box 83720 Boise, Idaho 83714 6 7 For Idaho Public Utilities Commission: 8 Joseph Terry, PUC Auditor 11331 West Chinden Boulevard 9 Building 8, Suite 201-A P.O. Box 83720 10 Boise, Idaho 83714 11 For the Company: 12 Hawley Troxell 13 Marvin M. Smith, Esquire 2010 Jennie Lee Drive 14 Idaho Falls, Idaho 83404 15 Also Present: 16 Dorothy McCarty, Idaho Water Company 17 Roger Buchanan, Idaho Water Company Jan Noriyuki, Commission Secretary 18 Maria Barratt-Riley, Deputy Administrator 19 20 21 22 23 24 25 3 1 I N D E X 2 WITNESS DIRECT CROSS COMMISSION 3 Dorothy McCarty 10 67 85 4 5 E X H I B I T S 6 Admitted 7 STAFF 1 - 27 8 8 COMPANY A - C 8 9 10 REQUEST FOR INFORMATION/PRODUCTION OF DOCUMENTS 11 Page Request 12 18 Supply Company Quickbook Files 13 63 Number of Connections per Customer Line 14 15 16 17 18 19 20 21 22 23 24 25 Dorothy McCarty - Vol. I - March 29, 2023 4 1 ISLAND, PARK, WEDNESDAY, MARCH 29, 2023, 11:29 a.m. 2 3 COMMISSIONER ANDERSON: Good morning. 4 Is it loud enough for everybody here? 5 Can you hear me? 6 MULTIPLE VOICES: Yes. 7 COMMISSIONER ANDERSON: Is that loud 8 enough for everybody? Can you turn this up a little 9 bit? 10 Better. Better. Okay, good. 11 Thank you very much. And it is our 12 sincere apologies for being a half hour late going 13 through today; it has reasons, and now we're here, so 14 thank you for being patient with all of us. 15 This is a Show Cause Hearing. We have a 16 little bit of preliminary things that we would like 17 to go through first before the hearing begins. And I 18 will begin again with a good morning. This is the 19 time and place for a Show Cause Hearing in Case 20 Number ISL-W-23-01, also referred to as In the Matter 21 of Island Park Water Company's failure to Comply with 22 Idaho Public Utilities Commission Reporting and 23 Fiscal Requirements. 24 The purpose of this hearing is to allow 25 the Company an opportunity to show cause why it Dorothy McCarty - Vol. I - March 29, 2023 5 1 should not be required to, number 1, immediately 2 provide the Commission with adequate responses to its 3 Audit Request Questions, Numbers 1, 3, 4, 6, 7, 9 and 4 10; and 2, immediately provide a customer complaint 5 log; number 3, immediately provide Company billing 6 information, including actual customer bills; number 7 4, to immediately cease and desist from charging 8 customers in excess of its approved tariff, and the 9 Company shall submit documentation of refunds for 10 customers who have been overcharged; number 5, 11 immediately provide its current written protocol or 12 notification plan that describes the protocol for 13 scheduled emergency and temporary service 14 interruptions, and a written plan for customer 15 notifications and status updates; number 6, 16 immediately meet its obligation to provide safe and 17 reliable service to customers and resolve the 18 interruptions in water service and water quality 19 concerns through the appropriate testing and 20 maintenance of its system; 7, immediately refrain 21 from retaliating against customers; and number 8, pay 22 up to a $2,000 penalty per day and all accrued 23 interest under Idaho Code 61-706 and 61-707 for each 24 day that each response was late in breach of 25 statutory duty; and number 9, face additional Dorothy McCarty - Vol. I - March 29, 2023 6 1 penalties under Idaho Code 61-709 against the Company 2 and its employees or officers for untimely and 3 incomplete responses to the Audit Requests that were 4 late in breach of its statutory duty. 5 My name is Eric Anderson, and I will be 6 the chair of today's proceedings, and I'm joined with 7 Commissioner Hammond to my left and Commissioner 8 Lodge to my right. 9 A Show Cause was issued by the 10 Commission on March 14, 2023. The order has stated 11 nine claims against the Company. The hearing is 12 being held in order to allow the Company an 13 opportunity to address the claims. 14 The transcript of this proceeding will 15 be added to the underlying record of this case. The 16 commissioners will receive and review facts and the 17 evidence in the record to make its final decision in 18 the case. 19 We do have a court reporter here at the 20 hearings today, Denise Nowak, who is doing this, and 21 she will be creating the official transcript for the 22 record. 23 As an interim matter, let's document, 24 for purposes of the record, the parties present and 25 their counsel. We can begin with Staff's Dorothy McCarty - Vol. I - March 29, 2023 7 1 representation through the attorney general. 2 MS. SHARP: Claire Sharp, Deputy 3 Attorney General for the PUC. 4 COMMISSIONER ANDERSON: Thank you, Ms. 5 Sharp. 6 And for Island Park Water Company? 7 MR. SMITH: Marvin Smith. And I'm 8 joined at counsel table by Dorothy McCarty, president 9 of Island Park Water Company, and Roger Buchanan, who 10 has submitted an affidavit and has been service 11 provider for the Company for a very long time. 12 COMMISSIONER ANDERSON: Thank you, Mr. 13 Smith, and welcome. 14 Does counsel on either side have 15 anything that I missed that I should be made aware 16 of? 17 MS. SHARP: I neglected to introduce 18 Joseph Terry, Staff from the PUC. 19 COMMISSIONER ANDERSON: Thank you, Mr. 20 Terry. 21 When I call your name today, you'll be 22 sworn in as you would be sworn in in any official 23 court proceeding. I will ask you to identify 24 yourself for the record. And it will include your 25 name, spelling of your last name, and address. Dorothy McCarty - Vol. I - March 29, 2023 8 1 Unless my colleagues have determined I 2 missed anything, please let me know. I do want to 3 make one point first. We do have on the record 4 Commission Exhibits 1 through 20, and Island Park's 5 supplementals. So response to any objections to the 6 exhibits, I will go ahead and make sure that they are 7 entered into the record. 8 At this point in time, does counsel have 9 any other additional comments to make? 10 MS. SHARP: President Anderson, the 11 Commission would like to clarify the exhibits. Our 12 exhibits, I believe, are numbered 1 through 27. 13 And we spoke briefly with counsel before 14 the hearing about the affidavits filed shortly before 15 the hearing. Staff would like the opportunity to 16 respond to those affidavits 21 days ideally post 17 hearing, based on the timing of the submission of the 18 affidavits from Ms. McCarty just a few days before 19 the hearing. 20 COMMISSIONER ANDERSON: Thank you, Ms. 21 Sharp. We'll make the record show 1 through 27. 22 (Whereupon, Staff Exhibit's 1 - 27 were 23 admitted into evidence.) 24 (Whereupon, Company Exhibits A - C were 25 admitted into evidence.) Dorothy McCarty - Vol. I - March 29, 2023 9 1 COMMISSIONER ANDERSON: And, Counsel, 2 would you like to respond. 3 MR. SMITH: Yes. 4 As stated by Ms. Sharp, we did have a 5 conversation. The Company has no objection to the 6 Commission responding -- the Commission Staff 7 responding to the affidavits. We haven't talked if 8 there's gonna be any surrebuttal. I don't know what 9 the affidavits will say, but we may be asking the 10 Commission just for a surrebuttal on the affidavits, 11 depending on what the Commission Staff says. 12 COMMISSIONER ANDERSON: That sounds 13 reasonable. Thank you very much. 14 MS. SHARP: Thank you. 15 COMMISSIONER ANDERSON: Okay. Let's 16 begin with examination of Dorothy McCarty. 17 Ms. McCarty, at this point in time I 18 would like to advise you that if you need a break for 19 any reason from the proceedings for a rest or 20 whatever, please ask the Chair, and that will be 21 provided to you. 22 And with that, Ms. McCarty, I would like 23 to swear you in. 24 D O R O T H Y M C C A R T Y, 25 called as a witness, having been first duly sworn, Dorothy McCarty - Vol. I - March 29, 2023 10 1 was examined and testified as follows: 2 COMMISSIONER ANDERSON: Thank you very 3 much. 4 Mrs. Sharp, I'm going to turn the 5 questioning over to you. 6 MS. SHARP: Thank you, President 7 Anderson and Commissioners. 8 DIRECT EXAMINATION 9 BY MS. SHARP: 10 Q. Good morning, Ms. McCarty. 11 Ms. McCarty, can you confirm that you 12 are the owner and operator of Island Park Water 13 Company? 14 A. I'm the president and secretary 15 treasurer of Island Park Water Company. 16 Q. Thank you. 17 And how long have you held the role of 18 president and secretary treasurer? 19 A. Since July of 2011. 20 Q. And how many customers does the Company 21 serve? 22 A. Approximately 400. 23 Q. Thank you. 24 I've broken down my questions to follow 25 the audit request, so I'll remind you the audit Dorothy McCarty - Vol. I - March 29, 2023 11 1 request that I'm referring to hopefully before I ask 2 you the questions about the Company's response. 3 The first questions I have about Audit 4 Request number 7 from the Staff. Audit Request 5 number 7 asked you to "provide a list of all customer 6 complaints received in 2020 and 2021, along with each 7 complaint's resolution." 8 According to your response, the Company 9 did not have a complaint log; is that correct? 10 A. That's correct. I was unaware I had to 11 maintain it. 12 Q. And have you started keeping a complaint 13 log? 14 A. I have. 15 Q. And if so, can you describe the 16 complaints that you have received since about 2022 or 17 within the last year? 18 A. Well, I just started maintaining the 19 log. Do you want me to just talk about memory? 20 Q. That won't be necessary if you started 21 keeping the complaint log. We don't need to go 22 through each of the individual complaints. 23 A. Thank you. 24 Q. I next would like to speak to Staff's 25 Audit Request number 6. The Audit Request number 6 Dorothy McCarty - Vol. I - March 29, 2023 12 1 asked the Company for "a listing of the 2 plant-in-service for the Company as of the end of 3 2021." 4 Staff's position was that your narrative 5 statement partially addressed this request for 6 information. I just have a few followup questions on 7 that. 8 Could you generally describe your water 9 system for the record? 10 A. Yes, I could. We have seven different 11 public water systems. Actually I'm going to clarify 12 that, because one of them we had requested to be 13 declassified as a public water system; it doesn't 14 meet the requirements. 15 We have 14 wells that are providing 16 water to the various subdivisions. The public water 17 systems are -- starting at the north would be Goose 18 Bay Estates. And then just recently Valley View 19 Estates was classified for a public water system in I 20 believe August, September; I'm not sure. I wasn't 21 aware of it until October. Then we have Aspen Ridge 22 Estates, Shotgun Village Estates, Division 1 through 23 11, excluding -- I believe it's Division 10. 24 And if you want me to clarify in each 25 one how many wells, I would be glad to. Dorothy McCarty - Vol. I - March 29, 2023 13 1 Q. No, thank you. 2 I would like to just clarify which of 3 the water systems are you hoping to be declassified. 4 A. Shotgun, Stevens. 5 Q. Okay, thank you. 6 Have you installed meter reading on your 7 water system? 8 A. No, we do not have metering. 9 Are you talking about the wells, or are 10 you talking about the individual meters? 11 Q. I was assuming for the wells. Let me 12 clarify that. 13 A. I'm taking input from Roger Buchanan. 14 He maintains our wells. 15 MR. BUCHANAN: Some of them have -- 16 A. Some of them have meters on them. 17 MR. SMITH: I don't know if you want to 18 place him under oath since he's here. 19 COMMISSIONER ANDERSON: Yes. If he's 20 going to participate, I think that would be a good 21 idea. 22 MR. SMITH: I think that would be wise. 23 And just for your clarification, we may 24 do this volleyball thing between the two of them, 25 because Roger has a lot more technical information on Dorothy McCarty - Vol. I - March 29, 2023 14 1 some of the aspects of this than Ms. McCarty. 2 So, Mr. Chairman, if you would like to 3 place Mr. Buchanan under -- I hate to -- is that a 4 procedure you would like to do, or do you want to 5 hold those questions for Mr. Buchanan? 6 MS. SHARP: I think if we could just 7 swear him under oath. And I'll try to keep my 8 questions, just in case the hearing of this meeting 9 is less technical for Ms. McCarty. 10 COMMISSIONER ANDERSON: Mr. Buchanan, 11 your first name again? 12 MR. BUCHANAN: Excuse me? 13 COMMISSIONER ANDERSON: What is your 14 first name? 15 MR. BUCHANAN: Roger. 16 R O G E R B U C H A N A N, 17 called as a witness, was duly sworn, at this time. 18 COMMISSIONER ANDERSON: Thank you very 19 much. 20 That's outside here, counselor? 21 MR. SMITH: Yes. 22 And, Mr. Buchanan, did you hear the 23 question posed by counsel on metering? 24 MR. BUCHANAN: Most of the wells have -- 25 COMMISSIONER ANDERSON: You'll have to Dorothy McCarty - Vol. I - March 29, 2023 15 1 use the microphone. 2 MR. BUCHANAN: I'm sorry. 3 Most of the wells have meters installed, 4 but not all. I would have to look at the records and 5 see which ones are not installed. It's one of the 6 requirements, I do believe, on the last sanitary 7 survey, that we have meters installed for all the 8 wells. 9 MS. SHARP: And just a followup 10 question. 11 Do your customers have meters installed, 12 individual meters for customers -- 13 MR. BUCHANAN: No, we have do not have 14 individual meters for customers. No. 15 MS. SHARP: Thank you. 16 BY MS. SHARP: 17 Q. I would like to ask you specifically 18 about well number 3, I believe, in the Valley View 19 Subdivision. There's some indication that a customer 20 has been paying for repairs on the system, perhaps 21 electrical power to well number 3. 22 Who is paying the power on that part of 23 the system? 24 A. That well does not belong to Island Park 25 Water Company. Dorothy McCarty - Vol. I - March 29, 2023 16 1 Q. Is that well listed under your CPCN? 2 MR. SMITH: Can you restate the 3 question? She didn't hear it clearly. 4 BY MS. SHARP: 5 Q. Is well number 3 listed under your CPCN 6 as part of Island Park Water Company? 7 A. What is that? 8 COMMISSIONER HAMMOND: CPCN -- 9 MS. SHARP: What is -- 10 COMMISSIONER HAMMOND: -- A CPCN is a 11 certificate of public convenience and necessity. 12 Each public utility is given one by the commission. 13 So any acronym, just -- 14 MS. SHARP: Thank you. 15 COMMISSIONER HAMMOND: Yeah. No 16 worries. 17 A. I don't believe it is. 18 BY MS. SHARP: 19 Q. Okay. 20 A. I have no knowledge of that question. 21 We don't own the well. 22 Q. Thank you. 23 Next, I'd like to ask some questions 24 about the audit requests dealing with your financial 25 reports. That would be audit request -- in the Dorothy McCarty - Vol. I - March 29, 2023 17 1 customer list that would be Audit Request numbers 1, 2 3, 4, 9 and 10. 3 So Audit Request number 1, that 4 requested that the Company "provide a customer list 5 broken out by subdivision." Staff's position is 6 that -- Audit Request number 1 -- is that the Company 7 responded to the request as of, we believe, around 8 February 15th. However, Staff does take the position 9 that this response was delayed beyond the deadline of 10 January 10th, 2023. 11 I would now like to turn to Audit 12 Request number 10 which requests that the Company 13 "provide all Company bank statements for 2020 and 14 2021." Staff's position was that the Company 15 initially obscured the bank statements for protecting 16 customer information; but then there was a delay with 17 the Commission's receipt of the unredacted bank 18 statements. We now have those statements responsive 19 to Audit Request number 10. 20 I would like to ask a few questions 21 about your accounting practices and the bank 22 statements that you submitted. The first one is 23 general. 24 Does the Company use Intuit QuickBooks 25 for its bookkeeping? Dorothy McCarty - Vol. I - March 29, 2023 18 1 A. We do use QuickBooks. 2 Q. And would the Company be able to provide 3 a copy of some of the specific QuickBooks files to 4 the Commission Staff to review for followup to the 5 audit? 6 A. Yes. 7 Q. Thank you. 8 On Audit Request number 9, the Company 9 was asked to "provide an accounts receivable aging 10 report for the years ending 2020 and 2021." 11 Our understanding is that the Company 12 did not have a receivable aging report; is that 13 correct? 14 A. I have to clarify that. 15 Q. Absolutely. 16 A. I suffer from wet macular degeneration. 17 I get injections in my eyes every four weeks, in both 18 eyes. At the time of that request and in trying to 19 respond to you, I did not know nor did I see where I 20 could respond to that, so that was why I responded. 21 I believe I asked Joe Terry to reach out 22 to me. My intent was that if I can't find something, 23 please give me guidance on where to find it to 24 provide it to you. 25 Q. So does this mean that the Company has Dorothy McCarty - Vol. I - March 29, 2023 19 1 additional information on accounts receivable that 2 they would like to submit in response to Audit 3 Request number 9? 4 A. I believe if you look at what was 5 resubmitted to you, there was an aging report 6 resubmitted. 7 Q. As of the February 15th -- 8 A. Yes. 9 Q. Thank you. 10 And under the monthly interest rate and 11 the accounts receivable report, can you tell me what 12 monthly interest the Company was charging? 13 A. I think the interest rates are set by 14 you, 12 percent a year. 15 Q. Is that the rate that the Company is 16 charging on its -- per its accounts? 17 A. Yes, with the clarification that we do 18 waive that when we deem necessary. 19 Q. Thank you. 20 The next questions are in response to 21 Audit Request number 10, which was a request for the 22 financial and the bank statements of the Company. 23 What is your relationship to McCarty 24 Management Company? 25 A. I am McCarty Management Company. Dorothy McCarty - Vol. I - March 29, 2023 20 1 Q. And what services would you say McCarty 2 Management is providing for the Company? 3 A. Island Park Water Company made the 4 decision a long time ago not to have any employees, 5 and we outsource all the needs of the Company. 6 Q. And what is your relationship to Ray 7 McCarty? 8 A. He's my husband. 9 Q. And what is Ray McCarty doing for Island 10 Park Water Company? 11 A. He is no longer serving. 12 Q. What role did he provide? 13 A. He was simply an advisor. He was just 14 -- his business is insurance, so he was an advisor on 15 what sort of insurance we should maintain. 16 Q. Do you have a timeframe that you could 17 provide for his service for the Company? 18 A. I don't recall. 19 Q. Do you recall when he stopped providing 20 that service to the Company? 21 A. Last year. 22 Q. Okay, thank you. 23 And what is your relationship with 24 Holden-McCarty? 25 A. Holden-McCarty is an insurance agency. Dorothy McCarty - Vol. I - March 29, 2023 21 1 Q. Any relation with the last name? 2 A. My husband and my son own Holden-McCarty 3 Insurance Agency. 4 Q. And I'm assuming that the services that 5 Holden-McCarty is providing for Island Park relates 6 to insurance then; is that correct? 7 A. They are a broker for insurance. And, 8 yes, we do buy our insurance through Holden-McCarty 9 Insurance. 10 Q. And what is your relationship to Tony 11 McCarty? 12 A. He is my grandson. 13 Q. And what services does or has Tony 14 McCarty provided? 15 A. In the past he was assisting with the 16 Company, but he no longer serves the director. 17 Q. As a director, did you say? 18 A. No. He was only there as a consultant. 19 I don't -- the intent was to bring him on to take 20 over management. He is no longer interested in that. 21 He is no longer helping with me. 22 Q. And at what time would you say that 23 ended? 24 A. More than a year ago. 25 Q. Okay, thank you. Excuse me. Dorothy McCarty - Vol. I - March 29, 2023 22 1 What is your relationship to Justin 2 McCarty? 3 A. Justin McCarty is my grandson. 4 Q. Okay, thank you. 5 And just for the record, what role does 6 Roger Buchanan provide for the Company? 7 A. Roger Buchanan is an outsource for 8 maintaining the wells. 9 Q. And to your knowledge, Roger Buchanan is 10 also involved with Buchanan Well Drilling; is that 11 correct? 12 A. I believe he's the vice president. 13 MR. BUCHANAN: Yes. 14 BY MS. SHARP: 15 Q. Could you tell me what services Valley 16 View Construction has performed for the Company? 17 A. They are a construction company that can 18 be hired to do repairs. 19 Q. Could you specify what repairs you had 20 them perform for the Company around 2020 and 2021? 21 A. I would say it was in relationship to 22 broken water lines. 23 Q. Thank you. 24 Based on the bank statements that we 25 have in 2020 and 2021, the Company had expenses to Dorothy McCarty - Vol. I - March 29, 2023 23 1 McCarty Management Services for approximately 2 $25,000, and then a second payment of another 3 $25,000. The Company also had expenses to Dorothy 4 McCarty, yourself, for $22,000 and about $14,000, 5 respectively. 6 Could you explain the different services 7 these payments are for? 8 A. The ones to me were payments back on 9 loans made to the Company. Others would be for 10 services provided to the Company. 11 Q. And what were the loans for? 12 A. Operational. 13 Q. Could you describe that or document -- 14 excuse me -- describe it? 15 A. Describe what? 16 Q. What did the Company need a loan for? 17 A. It's difficult at times to collect money 18 from the customers, and so we don't always have 19 funds. So if we need funds, I cover it. 20 Q. Was that also -- were loans to cover the 21 Company. Excuse me. 22 A. And some of them are reimbursement fees. 23 I would have to look at it specifically to answer 24 your question. It's really ambiguous; I just don't 25 understand it. Dorothy McCarty - Vol. I - March 29, 2023 24 1 Q. But in general, the payments for you 2 were to reimburse what you paid the Company? 3 A. I would say, generally speaking, it was 4 for reimbursements that were incurred. 5 Q. Is that a separate purpose than the 6 payment to McCarty Management Services? 7 A. The payments to McCarty Management 8 Services could also be for expenses incurred. I 9 would have to look at the specifics. 10 Q. Okay. The Company has had expenses in 11 2021 to North American Insurance Company, 12 Holden-McCarty Insurance, and Progressive Insurance. 13 Could you please explain the different 14 insurance products these companies provided the 15 Company? 16 A. We have a liability insurance policy. I 17 don't know which policies you are talking about 18 specifically, that's not my expertise. But we have 19 liability on the directors. We have insurance on the 20 Company itself. 21 Q. The Company also has had expenses in 22 2020 and 2021 to Buchanan Well Drilling for 23 approximately $6,300 and $7,000 for a total of about 24 $13,000. 25 And is it correct that these were for Dorothy McCarty - Vol. I - March 29, 2023 25 1 well repairs or other system-related repairs for the 2 Company? 3 A. Yes, they were. And I would like to 4 point out that Mr. Buchanan has been very generous 5 with the Company and not demanding payment until we 6 can get the monies owed to him, so that's not 7 inclusive of all the expenses that would have been 8 declared for those years. 9 Q. Thank you. 10 The Company has also had expenses in 11 2020 and 2021 to equipment financed for about $922 12 and $1,300. 13 Could you explain what the Company -- 14 what services or goods are provided by equipment 15 financed? 16 A. It probably is related to our printers 17 and fax machine. I would have -- again, I don't know 18 until I specifically can see it, how to properly 19 answer this. 20 Q. Thank you. 21 And if -- of course, if you don't know 22 the answer, that's also an appropriate response. 23 The Company also had expenses -- 24 MR. SMITH: She's having a real -- 25 COMMISSIONER ANDERSON: Yes, Counsel. Dorothy McCarty - Vol. I - March 29, 2023 26 1 MR. SMITH: -- problem hearing you. 2 MS. SHARP: Okay. 3 MR. SMITH: She can't hear you. 4 MS. SHARP: Thank you for letting me 5 know. I'll speak louder into the microphone. 6 THE WITNESS: Thank you. 7 BY MS. SHARP: 8 Q. The Company has had expenses in 2020 and 9 2021 to Costco for approximately $200 in one year and 10 $15,000 the following year. 11 Could you explain what services or goods 12 are provided by Costco that the Company is receiving? 13 A. It may have been for reimbursing an 14 expense to somebody who had done something for the 15 Company. I believe the $15,000 -- I would have to 16 look at it, I think would be a computer. I'm not 17 sure. Again, I would like to look at the individual 18 receipts. 19 Q. Does the Company have those individual 20 receipts? 21 A. I believe so. 22 Q. Okay. The Company also has had expenses 23 in 2020 and 2021 to Simply Mac totaling around 24 $1,000. 25 Could you explain what services or goods Dorothy McCarty - Vol. I - March 29, 2023 27 1 are provided by Simply Mac? 2 A. Yes. They are a computer repair and 3 maintenance company. So if I had a hard driving down 4 or any technical thing, I would go to them to help 5 me. 6 Q. Thank you. 7 Also in 2020 and 2021, the Company had 8 expenses to Hobby Lobby for approximately $666 and 9 $240, respectively. 10 Could you explain what services are 11 provided by Hobby Lobby for the Company? 12 A. Yes. I've gone over there to purchase 13 materials to make signs to post em for oil and water; 14 all kinds of things that I've done like that. 15 Q. Thank you. 16 I would also like to ask some questions 17 about Audit Request number 3. Audit Request number 3 18 asked the Company to "provide a schedule showing all 19 non-recurring fees charged to customers in 2020 and 20 2021." 21 Do you agree that the reconnection 22 charge per your tariff is $20 per reconnection during 23 business hours and $40 for reconnection before or 24 after the normal business hours? 25 A. I understand now that that's what we Dorothy McCarty - Vol. I - March 29, 2023 28 1 have on the website. We don't have any means to 2 disconnect and reconnect at that rate. 3 Q. Have you been charging in excess of that 4 rate? 5 A. For what? 6 Q. For the reconnection. 7 A. No, I don't believe so. I don't 8 understand your question, but, no, I don't think so. 9 Q. You did state that you were unaware that 10 that was the rate for reconnection as published on 11 our website. Are you referring to the Company's 12 tariff on the Commission website? 13 MR. SMITH: Do you understand? 14 THE WITNESS: No, I don't understand the 15 question. 16 MR. SMITH: She's confused as to what 17 you're asking. 18 Mr. Buchanan, do you understand the 19 question? 20 MR. BUCHANAN: Not totally, no. 21 MR. SMITH: Okay. 22 MR. BUCHANAN: Could you restate? 23 MS. SHARP: I'm happy to restate. 24 MR. BUCHANAN: Could you, please? 25 COMMISSIONER ANDERSON: Excuse me, Dorothy McCarty - Vol. I - March 29, 2023 29 1 Counsel, on both sides. I appreciate that the 2 interactions are well intended but the gravity that 3 I'm giving here is that we do need to address the 4 Chair as much as possible. Let's not have the 5 cross-communication. 6 If you have that request of counsel with 7 the Company, please address it to me, and then she 8 can respond. 9 MR. SMITH: Will do. Thank you, Mr. 10 Chairman. 11 COMMISSIONER ANDERSON: Thank you. 12 MR. SMITH: Can we have the question 13 restated? She is not understanding. 14 COMMISSIONER ANDERSON: Counsel? 15 MS. SHARP: I'll try a different 16 approach. 17 BY MS. SHARP: 18 Q. Ms. McCarty, I'll represent that your 19 tariff provides $20 per reconnection during business 20 hours and $40 for a reconnection before or after 21 normal business hours. 22 Were you aware that that is the tariff 23 reconnection fee? 24 A. I understand that. We don't have the 25 means to turn off a customer. I understand the Dorothy McCarty - Vol. I - March 29, 2023 30 1 tariff to be a yearly tariff, not something that's 2 turned on and off, it's whether you use it or you 3 don't use it. It's not something that somebody can 4 call in and say I want to turn off my water. We 5 don't have any means to do that without calling a 6 construction company to come over and disconnect -- 7 dig up the line and shut it off. 8 It's not a reasonable tariff that's on 9 there per my perspective, because we can't then 10 reconnect it for $40, we would have to hire someone 11 to come over, dig it up, reconnect it. We simply 12 don't do that. 13 Q. When you say you simply don't do that, 14 have you not connected any customers within the 15 timeframe? 16 A. Are you speaking specifically about a 17 new connection? 18 Q. Yes, ma'am. 19 A. A new connection, I understand, is $200. 20 Q. Not to belabor the point. Have you -- 21 you mentioned that cost was a concern with 22 disconnecting customers. 23 Is it true that you have not 24 disconnected service for customers? 25 A. To my knowledge, in all the years Island Dorothy McCarty - Vol. I - March 29, 2023 31 1 Park Water has been in existence, no customer has 2 ever been physically disconnected. 3 Q. Thank you. 4 Could you explain why your billing 5 statements provided to the Commission state that 6 you're charging 12 percent interest where the tariff 7 states 1 percent per month and 12 percent per annum? 8 A. Yes, I can. That was an unintentional 9 typo of not putting per year. 10 Q. So if I understand that that was a typo, 11 that hasn't been your practice to charge customers 12 the 12 percent? 13 A. I have never, to my knowledge, seen a 14 customer charged 12 percent, nor would I. 15 Q. Thank you. 16 You stated earlier that you understand 17 that the hook-up fee is $200 per authorized 18 connection, which we agree. 19 A. Right. 20 Q. Do you agree that $1,100 is the charge 21 for unauthorized connection? 22 A. Yes, that's what my understanding is. 23 Yes. 24 Q. Thank you. 25 Including the annual tariff and these Dorothy McCarty - Vol. I - March 29, 2023 32 1 additional fees, is the Company charging additional 2 fees to its customers that you are aware of? 3 A. Not that I'm aware of, if I understand 4 your question correctly. 5 Q. I think so. Thank you. 6 I'll next go to, generally, Audit 7 Request number 4. That asks that the Company 8 "provide a copy of all bills sent to customers in 9 2020 and 2021." 10 Staff's understanding is that the 11 Company was unable to provide copies of the customer 12 bills initially and -- is that correct? 13 A. That's correct. May I explain? 14 Q. Yes, please. 15 A. We don't send out statements. We send 16 out letters at the request of customers who live in 17 Island Park off and on during the summer. They 18 travel. And so the practice through the years would 19 have been calls saying could you please notify us 20 what is owed this year or if I'm delinquent. So we 21 send out letters. I started sending them out in 22 March. That wasn't satisfactory to a lot of people. 23 They said could we get them earlier, because if they 24 come too late and we don't see them, then we don't 25 pay our water. Dorothy McCarty - Vol. I - March 29, 2023 33 1 So I sent out a letter that states your 2 water tariff for this year is the $280. If you have 3 a delinquency, this is what you owe. And I did not 4 keep copies of those because it's in the accounts, 5 what they owe. I figured I could -- I mean I really 6 didn't know I was required to keep a copy of every 7 letter that was sent out. You can go into the 8 QuickBooks and pull up their account and regenerate a 9 statement for them. 10 So to clarify, for your request I 11 believe I included what we had set up in QuickBooks 12 that we could send a statement or an invoice to. And 13 I believe those are in the requests that I sent over 14 immediately to you in February. And I believe I sent 15 you a form of what the letter would look like that we 16 would go in and send to people. 17 Q. Do you agree that the Company's tariff 18 allows the Company to charge $280 annually for water 19 service for the dates of June 1st to May 31st of the 20 following year? 21 A. I believe Island Park water has a 22 different understanding of that. In 2000 when I was 23 reviewing -- before I took over the Company in 24 November, if I'm correct on my dates, in November of 25 2009, the PUC informed water company they should Dorothy McCarty - Vol. I - March 29, 2023 34 1 charge -- after the rate increase had been approved, 2 that they should charge an additional $84 for the 3 months of the November and December, and that the new 4 tariff would start into effect the following year at 5 $280. 6 Historically the Company was billing in 7 May, giving -- or if they did it in June, it would be 8 like six months of service. And it would -- if they 9 paid June, May or April, they were paying for the 10 year. Further conversation that I had with Chris 11 Hecht years later, he said to me that a customer 12 becomes delinquent on March 31st of the following 13 year, which is 15 years. That indicates to me that 14 the water tariff is for the year. That's my 15 understanding. It's not a monthly, it's not a user, 16 it's somebody who pays the water tariff. 17 If you're only using your cabin for one 18 month or if you're there for the whole entire year 19 it's the same thing. We don't have the ability to 20 shut it off and on, and it wasn't set as a monthly 21 rate. 22 MR. SMITH: Mr. Chairman, Can I -- 23 COMMISSIONER ANDERSON: Counsel, 24 briefly. 25 MR. SMITH: -- speak to my client so she Dorothy McCarty - Vol. I - March 29, 2023 35 1 -- I don't think she completely understood the 2 question. If I understand the question and the 3 confusion that my client has is it's -- it sounds 4 like the Commission's position is that the $280 5 tariff runs, as you've stated, whereas my client, I 6 believe, believed it's from January to December based 7 upon the 2009 conversation she had. 8 Do you understand the difference 9 between -- 10 THE WITNESS: I do understand what she 11 was asking, but I wanted to clarify to the 12 commissioner why I understood it to be yearly, based 13 on what I read. 14 MR. SMITH: Well, I don't want to get 15 into too much semantics. She was talking yearly, 16 you're talking yearly. It's just the months that are 17 included in that year. 18 THE WITNESS: I would say I understand 19 it to be from June to May. 20 COMMISSIONER ANDERSON: And, Counsel, I 21 would certainly give you some opportunity at the end 22 to redirect. 23 MR. SMITH: Thank you. 24 BY MS. SHARP: 25 Q. Does your tariff expressly allow you to Dorothy McCarty - Vol. I - March 29, 2023 36 1 charge an additional fee for rental properties? 2 A. No. 3 Q. Have you ever charged rental properties 4 additional fees? 5 A. Not to my knowledge. 6 Q. So Staff has received several reports of 7 the Company not charging -- excuse me -- of the 8 Company charging additional fees for rental 9 properties. 10 MS. SHARP: At this point, because the 11 Company has not been able to provide exact copies of 12 the customer bills, it is difficult to reconcile the 13 Company's reports with the customer reports that we 14 have in Staff's Exhibit Number 14. So we would like 15 an opportunity to follow up and investigate some of 16 these discrepancies, perhaps in a followup audit 17 request. But I wanted to bring that to the 18 commissioners' attention. 19 BY MS. SHARP: 20 Q. Your tariff states that the Company 21 shall "furnish service to applicants within its 22 certificated service area in accordance with the 23 rates and the rules and the regulations approved by 24 the Commission." 25 Would you agree that customers within Dorothy McCarty - Vol. I - March 29, 2023 37 1 the Company's geographic service area should be 2 allowed to be connected to the Company's water system 3 if the customer so desires? 4 A. Yes, if there's a service line in front 5 of your property. 6 Q. Do you recall denying water service to 7 perspective customers within the Company? 8 MR. SMITH: Mr. Chairman, I just ask for 9 a short recess on the question while she moistens her 10 eyes. 11 COMMISSIONER ANDERSON: Okay. 12 THE WITNESS: Sorry I have to do that. 13 It'll just take a couple minutes. 14 (Recess taken.) 15 COMMISSIONER ANDERSON: Let's get to 16 order. 17 MR. SMITH: Thank you, Mr. Chairman. 18 COMMISSIONER ANDERSON: You're welcome. 19 Thank you, Counsel, for the short break. 20 You may continue with your questions. 21 BY MS. SHARP: 22 Q. Ms. McCarty, I believe we started off 23 where we were asking about providing water service to 24 customers within your geographic service boundaries. 25 Do you recall denying water service to Dorothy McCarty - Vol. I - March 29, 2023 38 1 prospective customers within the Company's geographic 2 boundaries? 3 A. I believe I recall two people who 4 contacted me. 5 MR. SMITH: Mr. Chairman, it doesn't 6 sound like our mic is working now. 7 COMMISSIONER ANDERSON: It's quiet. 8 COMMISSIONER LODGE: As is mine now. 9 MR. SMITH: It looks like it's on. 10 (Discussion off the record.) 11 COMMISSIONER ANDERSON: Okay. 12 THE WITNESS: I'm going to clarify my 13 answer. 14 I didn't deny them. I recall one person 15 contacting me who had purchased a lot in a 16 subdivision to which, when I looked it up, we didn't 17 have a water main that came anywhere near that lot. 18 I discussed that option with him, the 19 cost of extending it, and discussed with him that 20 there -- many people in that particular subdivision 21 have their own private wells. He might look into the 22 option of drilling a private well. It might be 23 cheaper than extending the line. He was not denied. 24 It was a conversation. 25 And I remember another person who Dorothy McCarty - Vol. I - March 29, 2023 39 1 purchased a lot and asked for a connection to it. 2 And looking at our water right, it had excluded that 3 lot. And I told her I that would contact and find 4 out if it's permissible to do that. I have since 5 talked to her again for permission to proceed in the 6 spring when they can dig it up, but she wasn't denied 7 anything. 8 Q. Did you provide the individuals, either 9 of them, with written notice of your reasonings? 10 A. The one was via text message. The other 11 was conversation. He didn't ask for any written 12 response. 13 If someone wants to connect, they would 14 have to apply for a connection permit. Neither -- 15 that gentleman did not ask to apply for a connection 16 permit, to my recollection. 17 Q. Have interruptions in water service 18 occurred for Island Park customers since 2020? 19 A. Yes. 20 Q. How many would you say? 21 A. Since 2020? 22 Q. Yes, ma'am. 23 A. I would be guessing, because I don't 24 recall the exact numbers. It would be due to a break 25 in a line, I believe, in 2020, possibly 2021. We had Dorothy McCarty - Vol. I - March 29, 2023 40 1 a break in the winter in Shotgun Kickapoo on Cayla 2 Lane. Nobody was in the subdivision at the time, but 3 someone called in and made us aware of the fact that 4 there was a broken line there. 5 We had broken lines in Shotgun Estates. 6 When they were called in and reported, I would 7 contact either Kelli Volweiler or Ray Pierce with 8 Valley View Construction, and whoever can get over 9 here soonest. We will call in a deadline and do the 10 repairs. 11 We have an old system. And I do recall 12 in Aspen Ridge there was a broken line that they went 13 in and repaired. And when they did it, the only way 14 they could do it is to shut down the wells to repair 15 them. So they are temporarily out of water during 16 that time. 17 Q. What would you say the length of these 18 interruptions have been for your customers? 19 A. Well first of all the water is on until 20 the construction company gets there and turns it off. 21 The construction company will have to call for a dig 22 line to locate and come out. And when they are 23 there, there would have been a notice posted that the 24 well would be shut down for an estimated period of 25 time and then back up. And the repair takes, Dorothy McCarty - Vol. I - March 29, 2023 41 1 guessing, it could take several hours. 2 There's been one example that it could 3 take several weeks for us to facilitate that; and I 4 believe that's what you're talking about. There was 5 a repair that had to be done in Valley View, but 6 actually it wasn't in the timeframe that you're 7 asking about. 8 Q. We did receive reports that customers in 9 the Valley View Subdivision have had interruptions in 10 service since the middle of December 2022. 11 Is that your understanding? 12 A. The customer that I understand that's -- 13 the only customer I know that has been in Valley View 14 since December of 2022 currently has water. We had a 15 pump to waste valve that was open and reported to us 16 the end of December 2022, and we have taken every 17 means to address that. 18 Q. So was there an interruption -- would 19 you agree that there was an interruption in service 20 to Valley View, the customer, in 2022? 21 A. I really don't know that they were 22 without water, because it's my understanding when 23 Buchanan Well Drillers were able to access the well, 24 the pressure or the pump to waste valve had been 25 opened, and it was closed the last time he had been Dorothy McCarty - Vol. I - March 29, 2023 42 1 there. They were able to -- it was -- I believe he 2 -- and if I'm not wrong, I believe he said the psi in 3 that well was 28 psi. When he was able to properly 4 generate pump to waste, it brought it back up to 60 5 psi. 6 They went down to the lower well, which 7 was operational, fully operational. And that well 8 was at 70 psi, which indicates to me -- and also the 9 fact that water was being pumped out of the pump to 10 waste, that we had water in our conveyance system. 11 This gentleman who went out to get snow 12 off his roof shortly thereafter, I asked him to take 13 a water sample. He did, and come back to me and said 14 not only did he have water, but he had a neighbor 15 that he knew where their hydrant was where he could 16 go over and physically dig down and locate it. He 17 turned on the water hydrant to see if that hydrant 18 had water and it did. He's been up since and he has 19 water. He stayed for two days, he said, to dig more 20 snow off of his road -- off of his roof. 21 And I have tried contacting other 22 customers in Valley View, and no one is there. They 23 winterize their cabins. The snow depths, I believe, 24 even in my affidavit that I sent you, showed the snow 25 depths in Valley View were to the top of the street Dorothy McCarty - Vol. I - March 29, 2023 43 1 sign. One cabin has snow up to its roof. It's 2 virtually -- 3 Q. I would like to interrupt at this point. 4 MR. SMITH: Just a second. 5 BY MS. SHARP: 6 Q. My question is mostly pertaining to 7 whether or not there was an interruption in water 8 service from the Company; and if so, what was the 9 length of the interruption? 10 MR. SMITH: Mr. Chairman. 11 COMMISSIONER ANDERSON: Counsel. 12 MR. SMITH: Just for continuity, it 13 appears that maybe Mr. Buchanan can speak to at least 14 the Valley View interruption period. 15 COMMISSIONER ANDERSON: Mr. Buchanan, 16 would you like to answer that question, please? 17 MR. BUCHANAN: When Island Park Water 18 Company was made aware of that pump to waste being 19 open, okay, there was some confusion from the reports 20 that we were getting from people who were in the 21 subdivision that reported it. They said -- well if 22 pumping water out, and somebody went up there and 23 actually took a picture sent it to us, okay. And 24 then we -- one of the customers asked to be able to 25 go up and see if they can close that valve. And I Dorothy McCarty - Vol. I - March 29, 2023 44 1 had given them permission to do that if they went up 2 there, but they had to be on the phone with me cuz it 3 was improperly -- the valves were improperly 4 positioned. They could freeze the water line if it 5 wasn't drained. 6 A pump to waste normally is just used to 7 pump water out after you service the well, okay. And 8 what happened was from other means that I had heard 9 that they thought they -- that the valve was shut. 10 And now we have better pressure because the valve was 11 shut. And I -- when we went up there afterwards -- 12 this was in January, okay. I sent two people up 13 there. They have to actually access the subdivision 14 with a snowmobile. And they found that the pump to 15 waste was intermittently pumping water out because of 16 the protection devices that I have on that other 17 well, the east well, okay. 18 So when -- it's a -- if the demand is 19 more than what the well can keep up, it turns the 20 pump up on. And when the pump was turned off, there 21 was no water coming out of that pump to waste, okay. 22 But when they were up there prior to them closing the 23 valve, they observed that the water pressure in the 24 well itself was at 28 pounds, okay. Once they closed 25 that valve, then the water pressure came back up to Dorothy McCarty - Vol. I - March 29, 2023 45 1 60 pounds at that time. And they -- 2 MS. SHARP: Mr. Buchanan, could you 3 estimate how much time it took between the Company 4 noticing the difference in pressure and you said, I 5 think, at the 28 pounds to the 60 pounds to allow the 6 customers to receive water in that interim? 7 MR. BUCHANAN: Well, okay. To my 8 knowledge there were no customers in the subdivision 9 at the time, okay. And when we were out there and 10 saw the 28 psi, okay, that was essentially around the 11 second week in January. 12 MS. SHARP: And when did the pressure 13 return to the higher amount? I believe you said that 14 it was 60. 15 MR. BUCHANAN: Immediately after closing 16 the valve. 17 MS. SHARP: What was the timeframe for 18 closing the valve? Are we talking hours? Days? 19 Weeks? 20 MR. BUCHANAN: For us, weeks. To 21 quantify, when we were there, it was a couple 22 minutes. I mean, you climb down the pit and close 23 the valve, okay. The valve was closed. We noticed 24 the pressure came up. I was surprised with that 25 amount of water coming out that the system would Dorothy McCarty - Vol. I - March 29, 2023 46 1 still have that amount of pressure in it. 2 MS. SHARP: If I'm understanding you 3 correctly, is it the Company's position that no 4 customers in Valley View Subdivision had an 5 interruption in water service? 6 MR. BUCHANAN: I would not say that we 7 know that for sure. I mean we've been told that most 8 of those cabins had been winterized, okay. You know, 9 with the advent of how much snow we've had up there 10 this year, I don't know if they -- people would have 11 come up more if they had more access to the 12 subdivision, which the only way you can get to it is 13 either snowshoe or go up with a snowmobile, okay. 14 But we had to do that to access that subdivision. 15 Does that answer your question? 16 MS. SHARP: I think so. 17 BY MS. SHARP: 18 Q. Is the Company aware of any other 19 periods of interruption in water service for 20 customers, say a week or month in the time period? 21 A. Are you speaking about Valley View? 22 Q. No, I'm talking about all of your water 23 systems. 24 A. I'm not aware of all of the water 25 systems having an interruption for that long. I'm Dorothy McCarty - Vol. I - March 29, 2023 47 1 aware of one situation in Valley View where a 2 customer contacted me late June telling me that he 3 had been up there around Father's Day and observed a 4 water leak on his property, but he didn't call to 5 tell me about it. 6 We phoned -- I called in -- I called 7 Kelli Volweiler with Island Park Services and asked 8 her to go up and do a locate and make the repair. 9 And it was over the 4th of July weekend. Due to 10 short staffages -- short staffage -- I'm saying that 11 backwards. Tongue tied. Due to shortage of staff, 12 holidays, et cetera, we knew there was going to be a 13 slight delay before they could repair it. 14 I spoke to the gentleman who owned the 15 cabin -- 16 Q. Let me -- 17 A. Just let me -- 18 Q. I want to -- 19 A. Just let me explain, please. 20 There was a line -- we didn't want to 21 interrupt service to the whole -- 22 Q. I'm sorry, let's get a little bit more 23 focused, if you don't mind. I just want to make sure 24 I have the dates correct on the timeline. 25 COMMISSIONER ANDERSON: Excuse me. And, Dorothy McCarty - Vol. I - March 29, 2023 48 1 Ms. McCarty, please -- counsel has a right to ask 2 questions and get the answers and hear that. Don't 3 try to interrupt her. If she's out of line -- 4 THE WITNESS: I apologize. 5 COMMISSIONER ANDERSON: -- I will 6 certainly let her know that she can be -- so thank 7 you very much. 8 THE WITNESS: I appreciate that. I'm 9 sorry. 10 MS. SHARP: Thank you. 11 BY MS. SHARP: 12 Q. You mentioned a broken line. 13 And is it true that the Idaho Department 14 of Environmental Quality identified a broken line 15 around October 2022? 16 A. I believe -- no. I was gonna say I was 17 the one who identified it, not them. 18 Q. Did the Department of Environmental 19 Quality send you a notice of a violation for the 20 broken line? 21 A. I'm not aware of that, because I was 22 with Kelsey Carter. At the time I pointed it out to 23 her, I also told her that I put in a request for a 24 company to come up and do a dig locate. And they 25 were anticipating fixing it. We got a heavy snowfall Dorothy McCarty - Vol. I - March 29, 2023 49 1 shortly thereafter, and they were not able to access 2 that. 3 Q. So just to clarify, the Company is 4 stating that the Department of Environmental Quality 5 did not send them a notice about a broken line in the 6 subdivision? 7 A. I do not recall that. 8 Q. Okay. Do you recall the Department of 9 Environmental Quality sending you a violation notice 10 for any broken lines? 11 A. I don't recall that. 12 Q. Okay. So I think following that one, do 13 you recall any other orders from the Department of 14 Environmental Quality regarding repairing damage to 15 any part of your system? 16 A. Are you -- may I ask a question? 17 Q. Yes, please. 18 A. Are you talking about the sanitary 19 survey and responses that would be needed to be done 20 on the sanitary survey? 21 Q. Yes, ma'am. This would be around the 22 October 2022 sanitary survey. 23 And I just wanted to ask about the 24 Company's understanding of communications between the 25 Department of Environmental Quality regarding any Dorothy McCarty - Vol. I - March 29, 2023 50 1 broken lines. 2 MR. SMITH: The witness, Mr. Chairman, 3 would like to defer the answer to this to Mr. 4 Buchanan at this time. 5 COMMISSIONER ANDERSON: Mr. Buchanan, 6 would you care to respond quickly to that? 7 MR. BUCHANAN: Once again, repeat the 8 question for me again, please? 9 MS. SHARP: Okay. I'll try. 10 Mr. Buchanan, do you recall the Idaho 11 Department of Environmental Quality identifying a 12 broken line around October of 2022 during a sanitary 13 survey? 14 MR. BUCHANAN: I recall that Ms. McCarty 15 pointed it out to the person who was doing the 16 sanitary survey that there was an apparent leak, 17 okay, where we had had one before in the distribution 18 system, okay. But the -- at the time, and what we 19 saw on the -- when the pressures were taken on the 20 sanitary survey, okay. Other than at one spot lower 21 in the subdivision, we didn't see anything that they 22 recorded in the well pit so that -- in the Valley 23 View subdivision that would indicate that we weren't 24 getting adequate pressure to the distribution system 25 other than in one location that was far away from Dorothy McCarty - Vol. I - March 29, 2023 51 1 this apparent water leak, okay, that we -- I believe 2 38 pounds pressure was observed, and we have to 3 maintain 40 pounds of pressure at any distribution 4 system. 5 But subsequent to that broken line, 6 okay, that was pointed out that we weren't able to 7 get to, to get it repaired, if that is a broken line. 8 I would just say that once we closed that pump to 9 waste valve, we didn't see the pressures go down. 10 And I'm at a loss to explain why -- if we had a known 11 leak, okay, why we would still see the leak happening 12 months later by the pressure going down. I mean, I 13 don't know. And most -- common sense says leaks 14 don't repair themselves, okay, so that's what I'm 15 saying. 16 Now I am aware that once some of the 17 sanitary surveys -- significant deficiencies were 18 brought up to Island Park Water Company, some of them 19 were timely responded to, and others on the -- there 20 was a particular one on a site salesman plan, okay. 21 And so we have since been issued, because of the 22 apparent loss of pressure, a notification from the 23 DEQ that there was a loss of pressure incident, 24 because people said they'd turn the water on and they 25 had no water, okay. And therefore it's a loss of Dorothy McCarty - Vol. I - March 29, 2023 52 1 pressure instance in a well, and we were -- had to 2 put out a water boil for that subdivision. 3 MS. SHARP: Let me stop you right there. 4 You started describing boil notices from 5 the Department of Environmental Quality. 6 So you agree that the Company has been 7 required to send boil notices by the Department of 8 Environmental Quality? 9 MR. BUCHANAN: Yes. 10 MS. SHARP: Are you sending your 11 customers water boil notices that have been approved 12 by DEQ? 13 MR. BUCHANAN: Well, I assume they were 14 approved. 15 BY MS. SHARP: 16 Q. Do you recall telling customers, perhaps 17 through a company newsletter, that they could 18 purchase a filtration system on Amazon to help with 19 the water quality? 20 COMMISSIONER ANDERSON: Ms. McCarty, 21 please. 22 A. I included a letter which I had sent 23 over to DEQ Jason Fales. Prior to sending out the 24 notices, he said we would need to do additional stuff 25 to that; send out additional notices -- additional Dorothy McCarty - Vol. I - March 29, 2023 53 1 information on boiling water. 2 It's my understanding that Roger 3 Buchanan, Jason Fales and Kelsey Carter sat down and 4 went through the details of exactly what had to be 5 stated in the boil water notices. We prepared them 6 and included the letter, which I had already told Mr. 7 Fales, was going to be included, and I mailed them 8 out. And in that letter -- I don't recall, I'd have 9 to look at the letter, whether I addressed putting in 10 infiltration systems. I recommend that to all 11 customers. 12 Q. So Exhibits 21 through 27 from Staff are 13 notices of disapproval from DEQ under IDAPA 14 58.01.08.007. 15 Do you agree that DEQ has sent notice of 16 disapproval for the following system, Aspen Ridge 17 Subdivision? 18 A. I'm aware they just send it. 19 Q. Goose Bay Estates public water system? 20 A. I'm aware they just send it. 21 Q. Shotgun Cherokee Subdivision 5? 22 A. I'm aware they just send it. 23 Q. Shotgun Kickapoo Subdivision 6 public 24 water system? 25 A. I'm aware they just send that. Dorothy McCarty - Vol. I - March 29, 2023 54 1 Q. Shotgun North public water system? 2 A. I'm aware they send it. 3 Q. Shotgun South Stevens Lane? 4 A. I'm aware they send it. 5 Q. Valley View Subdivision? 6 A. I'm aware that they send it. 7 Q. And is it your understanding that the 8 notices of disapproval cited Island Park for failure 9 to address significant deficiencies under IDAPA 10 58.01.08.303.06? 11 A. I understand that's what the letter 12 says. 13 Q. And second for fail -- do you agree that 14 DEQ notices of disapproval also cited failure to 15 provide tier 2 public notification of water users 16 under IDAPA 58.01.08.150.02? 17 A. I -- 18 Q. I suppose the IDAPA citation isn't as 19 important as the failure to put up anything behind a 20 failure to provide tier 2 public notification of 21 water users. 22 A. May I clarify this? 23 Q. The question is if you understand, or if 24 you recall that the failure to provide tier 2 public 25 notification of water users was cited in the DEQ Dorothy McCarty - Vol. I - March 29, 2023 55 1 notices of disapproval. 2 MR. SMITH: Mr. Buchanan -- 3 COMMISSIONER ANDERSON: Mr. Buchanan, 4 would you like to -- 5 MR. BUCHANAN: I believe I can go ahead 6 and answer that. 7 MR. SMITH: Okay. 8 MR. BUCHANAN: Yeah. Island Park is 9 aware of the disapproval of all seven of the systems. 10 MS. SHARP: Thank you. 11 What steps are you talking to address 12 the notices of disapproval? 13 MR. BUCHANAN: I've met with Kelsey 14 Carter the day before yesterday and what went over 15 the specific language that needs to be sent out to 16 our customers on that disapproval, and try to get 17 clarification as what we have to do to become 18 compliant with this. 19 But since our -- the local engineer 20 Carlin Feisthamel -- excuse me, I don't know his name 21 that well, Carlin, the DEQ supervising engineer for 22 our division has been out of the office, and I've 23 been unable to contact him to actually get more 24 clarification. So I went to Ms. Carter and asked 25 what we -- you know, we've got to send these Dorothy McCarty - Vol. I - March 29, 2023 56 1 notifications out. We have 30 days to do that. And 2 then we have to certify what we've done. And I 3 basically asked why -- what reasonings they used for 4 decertifying -- 5 MS. SHARP: But the Company -- 6 MR. BUCHANAN: -- the disapproval of the 7 water systems. And it is basically -- what I 8 understand is that it was because we did, in a timely 9 manner, get site sampling plans backed, and also not 10 getting particular samples done in the exact 11 methodology that the DEQ wanted us to follow. 12 MS. SHARP: Okay. So at this current 13 point in time, the Company agrees that all seven of 14 its systems are currently -- have currently received 15 notices of disapproval? 16 MR. BUCHANAN: That's correct. 17 MS. SHARP: And currently, as of this 18 point in time, I understand that those issues of 19 disapproval have not been resolved? 20 MR. BUCHANAN: These specific issues 21 that need to be resolved, I believe we would have to 22 do it with Carlin -- 23 MS. SHARP: But it's not currently 24 resolved at this point. 25 MR. BUCHANAN: Other than trying to get Dorothy McCarty - Vol. I - March 29, 2023 57 1 the letters out to the customers, no, cuz I -- I have 2 asked some more specific questions, but Ms. Carter 3 said she didn't have the answers at the time, two 4 days ago. 5 MS. SHARP: So does the Company have any 6 other pending proceedings before the Department of 7 Environmental Quality? 8 MR. BUCHANAN: I'm sorry, do we have any 9 other what? 10 MS. SHARP: Proceedings. Any other -- 11 beyond, outside of these notices of disapproval. 12 MR. BUCHANAN: Do we have -- the only 13 ones that I recall that we've been informed of is 14 trying to fix the significant deficiencies in Valley 15 View Subdivision, and there's a continuing boil water 16 order there, okay. 17 But the other -- 18 MS. SHARP: Sorry. If you don't mind me 19 interrupting. 20 So currently in your system for Valley 21 View, your customers in Valley View are under a boil 22 water notice? 23 MR. BUCHANAN: Yes. 24 MS. SHARP: Are your other systems also 25 under a boil water notice? Dorothy McCarty - Vol. I - March 29, 2023 58 1 MR. BUCHANAN: No. 2 MS. SHARP: Okay. Do you anticipate 3 future proceedings before DEQ in relation to the boil 4 water notice? 5 MR. BUCHANAN: I'm sorry, say that 6 again, please? 7 MS. SHARP: Do you anticipate future 8 proceedings before the DEQ related to the boil notice 9 that is still in place? 10 MR. SMITH: Mr. Chairman, I think Mr. 11 Buchanan is confused by the terminology 12 "proceedings." I don't think that he understands 13 what that word would mean in this context. 14 COMMISSIONER ANDERSON: Thank you, 15 Counsel. 16 And I think that Mr. Buchanan is here as 17 a resource for Ms. McCarty. I think that question 18 should be directed to Ms. McCarty. And then he 19 can -- excuse me -- or you may, Counsel, refer to Mr. 20 Buchanan. 21 (Conferring.) 22 COMMISSIONER ANDERSON: Ms. Sharp and 23 cochair, I received some examination. And perhaps 24 you could clarify what the proceeding means to the 25 customer. Dorothy McCarty - Vol. I - March 29, 2023 59 1 MS. SHARP: Thank you, Chairman, and, 2 thank you, Commissioners. 3 Let me see if I can go about it a 4 different way for clarity. 5 COMMISSIONER ANDERSON: Okay. 6 BY MS. SHARP: 7 Q. You stated that you understand that DEQ 8 has issued notices of disapproval for all seven of 9 your systems? 10 A. I'm aware. 11 Q. And you've also stated that the DEQ has 12 not removed the notices of disapproval or resolved 13 the notices of disapproval? 14 A. I believe that Mr. Buchanan was trying 15 to explain that I visited with Kelsey Carter to find 16 out what this is about, what it's in regards to, and 17 how we would go about resolving it. 18 Q. So this is expected to be an ongoing 19 situation following, and the Company needs additional 20 information from DEQ; is that correct? 21 A. I understand the Company is doing its 22 very best to reply to the ten points that are in this 23 to find out precisely why it's being disapproved. 24 And we would be resolving that we have, my 25 understanding, 30 days from the time she sent the Dorothy McCarty - Vol. I - March 29, 2023 60 1 letter to respond. But we have to send notices to 2 the customers once we know what the ten points are. 3 And it's my understanding that Kelsey Carter and Mr. 4 Buchanan visited about this. And it was with -- Ms. 5 Carter didn't have the answers to everything. 6 Q. Ms. McCarty, do you recall ever telling 7 a customer within your service area to -- that they 8 should drill their own well? 9 A. I recall providing information. I don't 10 recall ever telling a customer they had to drill 11 their own well. 12 Q. And are you aware of the cost that it 13 might -- that drilling a well might cost for the 14 customers in that area? 15 A. I have no knowledge of what a well would 16 cost. 17 Q. Okay. 18 A. And again, I want to clarify. I didn't 19 approach a customer about it. If a customer calls 20 and makes an inquiry, I will explain what I 21 understand are options to drill a well. In all of 22 our subdivisions, we have had customers from the 23 onset who have had private wells and customers who 24 for their own security want to have private wells. 25 They call and ask do you have any objection if we Dorothy McCarty - Vol. I - March 29, 2023 61 1 want to drill a private well. I will say no. And I 2 will explain to them the knowledge that I have and 3 what they have to do. 4 Q. Do you recall ever denying access to a 5 telecommunications company wanting to install 6 high-speed internet within our service area? 7 A. I didn't deny them. I recall having a 8 meeting, because they were asking for specific 9 location of lines in Aspen Ridge, the lines that were 10 originally installed, and according to the as-builts 11 had been moved because Fremont County at a later date 12 came in and installed sewer lines and moved them. So 13 I didn't know if they moved them on one side or on 14 the other. 15 And I recall reaching out to Fremont 16 County to find out if they had any knowledge as to 17 which way they had moved the water lines. This was 18 years ago, way before my time. They had no knowledge 19 of it. I discussed with Blackfoot Communication and 20 with the homeowners association officers there the 21 complications of it. I never denied anybody. I 22 wouldn't have the ability to deny them, nor would I. 23 Q. Is it your understanding that the 24 high-speed internet lines were installed then? 25 A. I understand that they have been Dorothy McCarty - Vol. I - March 29, 2023 62 1 installed in a lot of subdivisions. 2 Q. In that particular one. So in all of 3 the ones -- excuse me. Let me take a pause. 4 You stated that you didn't deny the 5 telecommunications company the ability to install 6 high-speed internet? 7 A. No. I don't know how I would deny em. 8 Q. Could you tell us, to your knowledge, 9 whether that particular company was able to install 10 high-speed internet? 11 A. I understand people in Aspen Ridge have 12 high -- have the fiber optics. 13 Q. Okay. I'd like to turn a little bit to 14 some of the billing records that the Company has 15 provided. 16 As stated earlier, you know, in order to 17 sort through some of the records that the Company has 18 provided and customer reports, commission staff would 19 like additional information through an investigation 20 or audit, and I just want to ask you about that some 21 of that within the record. 22 So the Company provided a transaction 23 list for customers billed in 2020 and online -- this 24 the is the bottom of page 8 of the customer bills 25 billed in 2020. Dorothy McCarty - Vol. I - March 29, 2023 63 1 The Company report states that the 2 Company -- the customer was billed $1,400; is that 3 correct? 4 A. The $1,400 is for five connections, 5 which at five times $280 is $1,400. 6 Q. There's another charge, just moving up 7 that list, for $560? 8 A. If a customer received a bill at $560, 9 it would be at their request for two separate 10 connections on possibly two separate lots. 11 Q. So it's not -- 12 A. It's not that we are billing a 13 particular customer $560 or that we are billing a 14 particular customer $1,400 for a single connection. 15 Q. So in followup, we might be able to 16 clarify -- excuse me. So in your records it's not 17 clear to me how many connections there are per each 18 customer line. And I'm assuming -- is it possible 19 for the Company to provide that clarification in a 20 followup? 21 A. My understanding is one connection is 22 $280. A customer is entitled to one connection. 23 Am I answering what you're asking? 24 MR. SMITH: Well -- 25 MS. SHARP: I think we might need more Dorothy McCarty - Vol. I - March 29, 2023 64 1 information to follow up just to reconcile the 2 reports and our information. 3 MR. SMITH: Mr. Chairman, I've talked to 4 my client. We would be more than happy to sit down 5 with a commission auditor on any of the financial 6 information receipt by receipt. I'd be happy to sit 7 down with a commission auditor and go connection by 8 connection. I mean it's simple math, $280 plus $280 9 is $560, as we've already discussed. And we would be 10 happy to go through that with an auditor from the 11 Commission to find out each customer -- how many 12 connections per customer, to answer the question. 13 COMMISSIONER ANDERSON: Thank you, Mr. 14 Smith. 15 I think my understanding of the question 16 was what determines a connection. Is it a single 17 family house, or is it -- you know, I'm not sure if 18 that's the question or not, or is it per lot, or is 19 it -- because they combine lots and then you reduce 20 those. 21 THE WITNESS: It's my understanding that 22 if you want a connection to your house, you have to 23 make a connection to the main line, or a single 24 connection if they are in a habitable section. 25 Does that answer your question? Dorothy McCarty - Vol. I - March 29, 2023 65 1 COMMISSIONER ANDERSON: I'm not asking a 2 question. I'm just trying to clarify. 3 MS. SHARP: Thank you. 4 COMMISSIONER ANDERSON: And that did 5 not -- perhaps did not come out well. 6 Please rephrase the question if I did 7 not. 8 MS. SHARP: President Anderson, you did 9 a great job. 10 I don't have any further questions at 11 this time. 12 COMMISSIONER ANDERSON: Thank you, Ms. 13 Sharp. 14 Mr. Buchanan and Counsel, would you like 15 to take a two-minute break before we close? 16 MR. SMITH: Sure. 17 COMMISSIONER ANDERSON: Let's take a 18 five-minute break. 19 (Recess taken.) 20 COMMISSIONER ANDERSON: Okay. We'll 21 come back to order. 22 Adam, I think my microphone is not quite 23 as loud as it used to be. 24 Ms. McCarty, if you could just test your 25 microphone? Dorothy McCarty - Vol. I - March 29, 2023 66 1 THE WITNESS: Hello? 2 COMMISSIONER ANDERSON: We're back now. 3 Any questions from the witness -- from 4 counsel? 5 MR. SMITH: Yes, your Honor -- excuse 6 me, Mr. Chairman. I just have a brief opening 7 statement before I begin the inquiry of my client. 8 We're here trying to give an 9 explanation. There's not an excuse for the late 10 filings but an explanation. Part of the explanation 11 includes the medical condition that befell my client 12 at this exact period of time on when the questions 13 were coming, other events in her life, the fact that 14 she had an accountant transition. 15 And I would like to delve briefly into 16 the systems themselves, the history, the context of 17 the systems, the challenges that these systems 18 present, given the location of the systems, and then 19 the attempts by the Company to comply with the 20 directives from the Commission. 21 That's just kind of a short overview 22 where we're gonna go with our questions, if I may, 23 Mr. Chairman and Commissioners. 24 COMMISSIONER ANDERSON: Counsel, you do 25 have permission to do that, but lets keep it in a Dorothy McCarty - Vol. I - March 29, 2023 67 1 brief format, because we have read many of the 2 comments back from your counsel -- 3 MR. SMITH: I understand. Thank you. 4 COMMISSIONER ANDERSON: -- might as well 5 be. 6 MR. SMITH: I guess we'll share the 7 microphone. 8 CROSS EXAMINATION 9 BY MR. SMITH: 10 Q. Ms. McCarty, I think you heard the 11 chairman, but I would like to briefly state the 12 medical conditions that befell you from basically 13 June of last year, as they continue today, that made 14 it very difficult or maybe even impossible at times 15 for you to timely comply with the directives from the 16 Commission. 17 A. In June -- I believe around the 6th of 18 June I fell and severely injured my left leg and my 19 right ankle to the point where I -- to the point that 20 I had no mobility. I was on a scooter. To 21 complicate matters, when I went to the emergency 22 center to have my leg stitched up, I was exposed to 23 bronchial pneumonia, which progressed to this very 24 day. 25 And during that timeframe, a very dear, Dorothy McCarty - Vol. I - March 29, 2023 68 1 close friend who had helped me before in the past 2 with the water company had stepped up and said can I 3 help you, and I said yes. And I was planning to go 4 out of town for my son's wedding at the end of July, 5 which is in California, and Wendy was helping me. 6 Wendy had been out with cancer five 7 years ago, and they thought she had it licked. She 8 got a new spot. They put her through chemo. They 9 told her she was cancer free. Then in the end of 10 June or end of July they did a PET scan and it came 11 back rapidly, and she passed away on the 31st of 12 August. 13 From that point on, I was still 14 struggling with the recovery of my foot. And due to 15 the imbalance in walking, I developed a hematoma in 16 my left hip, which was very large, and required 17 treatment. And I was going through treatment for 18 that. 19 I had talked to Clair, I believe, 20 sometime -- Claire and Joe sometime in October, which 21 was when I first became aware that we were really 22 doing an audit. Because prior to that, I had a 23 communication, and I believe it's in the affidavits; 24 I won't belittle it, from Terri Carlock, who had made 25 an inquiry, and I had replied. And she said, heads Dorothy McCarty - Vol. I - March 29, 2023 69 1 up, you're gonna have an audit. And I was surprised, 2 because we had just done one a couple years ago. And 3 I said, well, could we postpone that for a year and 4 explain. 5 I was of the understanding that that's 6 what was happening. I just understood it to be a 7 routine audit. I didn't understand anything else, so 8 I was surprised when I heard from Claire Sharp that I 9 was now deficient in this. I -- we discussed turning 10 in the annual reports and the timeframe, and I 11 understood that that would be by the end of November. 12 Then further complicated, I was 13 diagnosed -- hospitalized with COVID around the 13th 14 of November. I ended up back in the hospital a week 15 later. And I know this just sounds so far fetched, 16 but then I was diagnosed with wet macular 17 degeneration in my eyes. I started treatment the 18 first -- I believe the first week of November. I get 19 injections in my eyes every four weeks to maintain my 20 vision and stabilize it. And during this timeframe, 21 my retinal specialist has said -- informed me that I 22 need to keep my screen time down to a minimum -- 23 about 3 hours a day. I'm dealing with that. 24 I thought I had -- I had sent in the 25 annual reports. I sent them overnight. I had told Dorothy McCarty - Vol. I - March 29, 2023 70 1 Claire that I would -- and I think Terri Carlock and 2 I possibly told Joe that I had overnighted them to 3 them, that they had the annual reports and that it 4 was my understanding that we would be working on the 5 rest of these ten questions. 6 And due to my eyesight I couldn't find 7 the ten questions, and I sent off an inquiry; could 8 you send me back the ten questions. I didn't hear 9 anything. And then they sent back and I said, oops, 10 I found them. And I started working on them in 11 December and I was preparing what I had. And my 12 response that I was preparing was not being flippant. 13 I really thought some of these questions were asking 14 me things that I had just provided the year before to 15 Joe. So I would say I believe these are still on 16 file with the Commission. 17 But I had started preparing, under my 18 understanding of what Joe wanted, for like the bank 19 statements, blanking out the pertinent, private 20 information; preparing it. And I also reached out 21 and made a phone call to somebody at the Commission. 22 And I got a recording saying that they were going to 23 be out of the office until after the 1st of January. 24 I presumed that being the holidays that everybody was 25 gone. I had worked on my response. Dorothy McCarty - Vol. I - March 29, 2023 71 1 And then we got hung up the end of 2 December when we got the notification about the pump 3 to waste, and we were dealing with that and DEQ. And 4 I get a letter delivered to my house, I believe, the 5 night of January 3rd, which I saw the next day, and 6 it was her demand for the rest of the audit. And I 7 immediately put together what I had prepared and sent 8 it overnight to her -- I mean to Joe on I think the 9 6th of January, just three days later, with a comment 10 to please contact me if this wasn't what you wanted. 11 And the reason I said I couldn't see the 12 aging report, is because I physically couldn't see 13 it. I was using a magnifying glass to identify stuff 14 on the computer. 15 Then in January, because my foot isn't 16 healing right, I asked my doctors -- you know, they 17 just keep saying, oh, at your age and everything, it 18 can take eight months or more. And we did an MRI. 19 And I had an interior fracture in the foot bone. And 20 they tell me it will heal eventually. 21 COMMISSIONER ANDERSON: Ms. McCarty, I'm 22 going -- 23 THE WITNESS: I'm overwhelmed. 24 COMMISSIONER ANDERSON: That's fine. 25 I'm going to continue to give you a little levity Dorothy McCarty - Vol. I - March 29, 2023 72 1 here, however you do need to wrap this up, because 2 you did provide all of this in writing. It's all 3 part of the permanent record. 4 MR. SMITH: I'll try to ask the same 5 questions, Mr. Chairman, and try to speed this up. 6 BY MR. SMITH: 7 Q. Is it true you went through an 8 accounting transition in November of 20, 2022? 9 A. Yes, I did. 10 Q. Have you been able to find a new 11 accountant? 12 A. I have. 13 Q. And when will that new accountant begin 14 servicing Island Park Water Company? 15 A. She said as soon as she finishes her 16 taxes. 17 Q. Okay. So you have been able to put a 18 new accountant in harness; is that correct? 19 A. Well, I've spoken with her, she's 20 agreed, and we're going to meet as soon as possible. 21 I understand the tax load. 22 Q. And you heard my statement to the 23 Commission that you have no problems sitting down 24 with an auditor from the Commission to go through all 25 of the financials and the connection statistics for Dorothy McCarty - Vol. I - March 29, 2023 73 1 the water system; is that correct? 2 A. That is correct. 3 Q. And just -- I understand this is kind of 4 an open-ended question, but did you ever have the 5 intent to either delay or sandbag the Commission in 6 regard to this audit? 7 A. I absolutely didn't. I truly did not. 8 Q. As far as these systems, can you briefly 9 advise the Commission when all of these systems -- 10 and by that I mean the subdivisions -- when were they 11 platted and approved by Fremont County? 12 A. The timeframe, I believe, is 1970 to 13 1985. 14 Q. And at that time period were these 15 subdivisions ever intended to be year-round 16 subdivisions, or were they to be seasonal? 17 A. I know from personal contact with the 18 developers at the time that they were all designed 19 for seasonal summer usage. 20 Q. And did that go into the planning of the 21 water systems that are present in these subdivisions 22 now? 23 A. Yes, it did. 24 Q. And at the time these subdivision were 25 planned and approved by Fremont County and the water Dorothy McCarty - Vol. I - March 29, 2023 74 1 systems installed, did that go into the capacities or 2 allotment of what water that will be available to 3 each of the lot owners be? 4 A. Yes, it does. When you receive a 5 license for purposes from getting an application and 6 bringing that, and then you get the license when they 7 approve of, and that determines how much water you 8 can allocate to your sub -- or to your different 9 individuals. 10 Q. What type of entity is Island Park Water 11 Company? 12 A. It's a nonprofit corporation. 13 Q. Does that mean there are no members or 14 shareholders? 15 A. Yes. 16 Q. Under the bylaws of Island Park Water 17 Company, what type of usages can be made of the water 18 that Island Park either leases or sells? 19 A. I understand the language to be domestic 20 and irrigation. 21 Q. And you have Island Park water right 22 allocations; is that correct? 23 A. That's correct. 24 Q. And according to the water right, what 25 allocation can go in those water -- that water Dorothy McCarty - Vol. I - March 29, 2023 75 1 allocation be applied to, what types? 2 A. It's limited to domestic, restricted 3 commercial and restricted vegetation. 4 Q. Now you've explained -- Mr. Buchanan has 5 explained this site sampling plan. 6 And why are you doing that? 7 A. I understand that it was a requirement 8 that Mrs. -- or Ms. Carter put in when she did the 9 sanitary survey. The site sampling plan is basically 10 to give diversified sampling from the areas in your 11 subdivision. And in order to accommodate that, I 12 presented a site sampling plan. 13 She had requested specific cabins for 14 each quarter. And due to the location and 15 availability up here, that's not a feasible way for 16 us to have access. People aren't always there. 17 So we met with Carlin, Roger Buchanan 18 and I and discussed how difficult this was. And it 19 was agreed that what would better -- be acceptable, 20 and what Carlin said he would waive any deficiencies, 21 and he would accept it if we did a quadrant. 22 And I submitted that. And, again, Ms. 23 Carter denied it. We went back in and met with 24 Carlin and we -- I highlighted it in colors 25 and taking the subdivisions, for example, and Dorothy McCarty - Vol. I - March 29, 2023 76 1 dividing it into four sections with the understanding 2 that we could take a water sample from that section 3 we had availability from anything to take it from 4 that quarter that we were sampling. 5 If not, for instance, this winter, it 6 cascaded over, that we couldn't get into the first 7 ones designated. So it was our understanding that we 8 could go to the next section, find a location, 9 wherever we would could find a location to get a 10 water sample for this quarter, that would end up 11 being our first quarter sampling. We did that. It's 12 my understanding that Ms. Carter has now denied that. 13 Q. What other plans or protocols have you 14 formulated in order to provide an adequate and safe 15 water supply to the folks in these subdivisions? 16 A. We were requested to provide a 17 depressurization protocol. That was written up. In 18 the event you have a depressurization, it was written 19 up. A response was sent -- a copy of that was sent 20 to the Commission, and a copy was provided to DEQ. 21 On the other request, which I understand 22 is the other deficiency for the disapproval, was to 23 provide an operation and maintenance manual. I had 24 asked Ms. Carter if DEQ had a template for that, and 25 she said no. We had discussed this with Carlin, and Dorothy McCarty - Vol. I - March 29, 2023 77 1 we were in the process of preparing one. 2 Q. Let's turn our attention to rental 3 properties. 4 Have you ever denied water access to 5 anybody who is "renting"? 6 A. I have not. 7 Q. Does rental properties -- we might as 8 well just face it -- do rental properties mount a 9 challenge to a water system, and, if so, how does 10 that challenge present itself? 11 A. The challenge presents itself in the 12 fact that Fremont County -- and I presume by rentals 13 you are talking overnight, short-term, nightly, 14 weekly rentals? 15 Q. Yes. 16 A. The county was issuing permits for 17 occupancy for 15 people per cabin. Our system 18 doesn't have that amount of water to provide to them. 19 Q. Has that been resolved? 20 A. With the Commission, I think I was told 21 that due to the protests from so many subdivisions, 22 homeowners, et cetera, who were facing the issues of 23 their wells going dry from the abuse of this, Fremont 24 County, I believe, backed off. And the only one 25 issuing permits is the City of Island Park. Dorothy McCarty - Vol. I - March 29, 2023 78 1 Q. Let's talk about the incident of talking 2 about well drilling. 3 Can you explain that conversation to the 4 Commission? 5 A. Are you talking about -- 6 Q. Well, you've been accused -- 7 A. Oh -- 8 Q. Basically it's been misconstrued, I 9 believe, as you're threatening somebody within the 10 water system; why don't you just go drill your own 11 well. 12 A. I absolutely have never said that to 13 anybody. If somebody's called up making an inquiry, 14 I have explained to them that my understanding is 15 under Idaho law every property owner has the right to 16 drill a private well provided they can meet the 17 proper setbacks and get an approval from the Idaho 18 Department of Water Resources. 19 I have never, ever, to my knowledge, 20 told somebody drill your own well. 21 Q. Well as I understand it, what you would 22 say is that drilling your own well is an option. 23 A. Correct. 24 Q. And, in fact, Mr. Buchanan can speak to 25 that a little bit if -- with the permission of the Dorothy McCarty - Vol. I - March 29, 2023 79 1 Commission. 2 COMMISSIONER ANDERSON: Yes, that's 3 fine. 4 MR. BUCHANAN: I've been associated with 5 the Island Park Water Company since 1990 when I came 6 on board with Andrew Well Drilling, and have been 7 doing the servicing and -- involving the servicing of 8 the wells for Island Park Water Company. 9 Now through the history, at one point 10 the Fremont County Commissioners requested that the 11 Island Park Water Resources would not give drilling 12 permits to people that had the ability to have -- to 13 hook up to public water systems. That has -- was -- 14 at one point was a very contentious issue for people. 15 But some of the subdivisions in here have very small 16 lots. And the big question was if they could meet 17 the setback limits and if they wanted the wells to go 18 -- people to look up to the public water systems. 19 They were actually denying people the ability to pull 20 a permit to drill their own private wells. 21 Now along that same line, over the 22 years, a lot of those subdivisions -- some people in 23 those subdivisions that Island Park Water Company had 24 served, people went and got their permit and didn't 25 say where they were, so to speak, and they were Dorothy McCarty - Vol. I - March 29, 2023 80 1 allowed to put wells in. 2 And one of the things I just wanted to 3 make the commissioners aware of, you know, it is -- 4 you didn't used to have that -- you didn't used to 5 have that ability to do it. Now it is -- the policy 6 and the politics has changed that people can do it on 7 their own, okay. And I am a licensed well driller in 8 the State of Nebraska -- excuse me -- the State of 9 Idaho, and -- originally from Nebraska. Mental slip 10 there. 11 MR. SMITH: I didn't think I passed 12 Lincoln on the way up here. 13 MR. BUCHANAN: Okay. But you know this 14 has been a contention for a long period of time. 15 There's -- and there's -- it's people who have the 16 ability to do that. And, you know it has only 17 recently become an extremely expensive endeavor now 18 to put your own well in. I mean it is -- I've never 19 seen wells go for what the cost of what they are up 20 here now. The per footage cost is outlandish. But 21 once again, that's what the -- what they are going 22 for. 23 So when somebody says, you know, a 24 400-foot deep well up on the side of a hill is going 25 to cost me $40,000 and -- they may be a little shy; Dorothy McCarty - Vol. I - March 29, 2023 81 1 they might be more, okay, but I just wanted the 2 commissioners to be aware of that. 3 BY MR. SMITH: 4 Q. Ms. McCarty, does the Company take water 5 samples? 6 A. Yes, they do. And I've made it a point 7 since I took over in 2011 to take water samples of 8 Valley View, which was a very small system and wasn't 9 required to be sampled. I'm a big believer in 10 sampling water and taking them. I believe I've 11 provided the Commissioner with reports going back 12 seven years showing our water samples are good. 13 Q. So as I understand it, the current 14 problem is the DEQ disagrees with the location of the 15 sampling; is that correct? 16 A. That's what I understand. 17 Q. Are there any other problems with the 18 water sampling, as far as you know? 19 A. I believe I gave to you last night one 20 of the copies of the samples we just took the last 21 week. We turned in one last night. It all come back 22 okay/absent. 23 And I understand that this disapproval 24 is basically because they don't like -- I mean 25 what -- I thought we had agreed to, to take where we Dorothy McCarty - Vol. I - March 29, 2023 82 1 could to start the first quarter. Apparently Ms. 2 Carter does not approve of that. It's the 3 depressurization plan she says is late and the O and 4 M. And so it's my understanding that's why we have 5 to send out this notification that our subdivisions 6 are disapproved. 7 Q. Do any of the subdivisions that are 8 currently supplied by Island Park Water Company, do 9 they have HOA associations? 10 A. One; that would be Aspen Ridge. 11 Q. So the others do not have HOAs? 12 A. No, they do not. 13 Q. So if someone in any one of these 14 subdivisions wanted to try to enforce the restrictive 15 covenants that apply in one of these subdivisions, 16 how would they go about doing that? 17 A. They would have to contact the -- well I 18 think there's two ways. They can contact an 19 attorney -- all of these are tied into individual 20 properties -- or they could contact their potential 21 committee. 22 Q. Have you ever denied water to anyone who 23 is renting property? And by that I mean RVs. 24 A. Absolutely not. 25 MR. SMITH: Can I have just a minute? I Dorothy McCarty - Vol. I - March 29, 2023 83 1 think I'm about done. 2 COMMISSIONER ANDERSON: Yes, you can. 3 (Counsel and witness confer.) 4 MR. SMITH: Just a couple minutes. 5 COMMISSIONER ANDERSON: We'll take two 6 minutes, two minutes sharp. 7 (Recess taken.) 8 COMMISSIONER ANDERSON: We're back. 9 Counsel. 10 MR. SMITH: Thank you, Mr. Chairman. 11 BY MR. SMITH: 12 Q. Just to kind of summarize this, Ms. 13 McCarty. 14 Will you use your best efforts -- and I 15 guess I'm speaking for Mr. Buchanan as well -- to use 16 your best efforts to seek compliance with whatever 17 the DEQ is directing in these deficiency notices? 18 A. I am going to make this better. I hired 19 Kansas Buchanan to be the person who would respond to 20 DEQ. Because of my eyesight I don't see fine print 21 in everything, so she is responding and working with 22 Roger Buchanan, communicating with DEQ, because I 23 understand these are all paper issues that are 24 causing us to be disqualified. 25 Q. Well, you would agree that some of the Dorothy McCarty - Vol. I - March 29, 2023 84 1 technical written notice-type things you've missed? 2 A. I did, and that's due to my eyesight. 3 Not an excuse, but I was in communications verbally 4 over the phone. Kelsey and Jason and Roger were 5 filling out the boil water notices, et cetera, to 6 precisely the right I's and T's being crossed. And I 7 did not realize that in the fine print after we sent 8 them out, that then I had to call them back and say 9 we've sent them out. I even asked, should I send 10 these out certified? Nope. 11 Q. But, regardless, you'll comply with 12 whatever the requirements are from the DEQ? 13 A. Absolutely. 14 Q. And finally, you'll fully cooperate with 15 the Commission in regard to any audit financial, and 16 also in regard to trying to map out whatever 17 connections there are within the water system? 18 A. Yes. And I thought I provided to -- I 19 know I provided to them plat maps, account numbers. 20 And I would gladly sit down and communicate with Mr. 21 Nelson. 22 MR. SMITH: Mr. Chairman, that's all the 23 questions I have. Thank you. 24 COMMISSIONER ANDERSON: Thank you, 25 Counsel. Dorothy McCarty - Vol. I - March 29, 2023 85 1 We're gonna go ahead and refer to the 2 Commission if the commissioners have any questions. 3 Commissioner Hammond? 4 COMMISSIONER HAMMOND: Thank you, 5 Commissioner Anderson. 6 So I'm just going to start briefly with 7 a quick statement, and then I'll get to a few 8 questions. 9 I've had the opportunity to be an 10 attorney for the Commission on cases like this with 11 small water companies, and had the opportunity to be 12 private counsel for small water companies like Island 13 Park. I've sat the seat where Mr. Smith is sitting. 14 And I want to extend my thanks that Mr. Smith is 15 involved in assisting you in this case. I think it's 16 important. I think it helps the process in general, 17 and now I'm in this role as a commissioner. 18 But the biggest problem I've seen over 19 these years, with the small water companies in 20 particular, is whatever the reason, there always 21 seems to be a breakdown in communication. I'm not 22 blaming anybody. I'm not saying anybody's at fault. 23 But I think what happens is then we get to this spot, 24 and we're left with -- the Commission is left with 25 needing to move things along to not only address the Dorothy McCarty - Vol. I - March 29, 2023 86 1 many important issues that customers have raised, and 2 concerns, but also under our jurisdiction we have to 3 provide an opportunity for the utility itself to be 4 financially healthy and help provide tools in order 5 for them to provide safe and adequate water. It's 6 always the responsibility of the Company. 7 But once we've got to this point it's 8 very difficult, and once we see violations like 9 the -- you know, the disallowance notices that we've 10 received, we're left with little choice but to move 11 forward. It's almost at -- per se violation of our 12 statutory authority if there's a disallowance that 13 you're not providing safe and adequate service to 14 customers. So we have a duty to ensure -- to make 15 our best efforts to ensure that that service is being 16 provided so people have their needs met that are 17 paying for their service, and that nobody is getting 18 hurt or sick or injured. So we're in a tough spot. 19 And I guess what I would say is we 20 really need the Company to step up. And I appreciate 21 the representation to work with Staff, to step up and 22 address these issues and keep the Commission and 23 Staff informed posthaste on any developments that 24 happen with regard to DEQ, Department of 25 Environmental Quality, or any other matter, customer Dorothy McCarty - Vol. I - March 29, 2023 87 1 complaints, because we get these complaints, and 2 people want answers immediately. And we try to 3 provide that. Our Staff tries to provide that, but 4 we understand that's not always possible. But we 5 need that communication to be better going forward so 6 that we can help customers understand what's going on 7 and what's being done. 8 So with that, I would just like to ask a 9 few questions. 10 There was a question about complaints in 11 the last, let's say, year or two. Can you, if you 12 recall, maybe give me an example of a customer 13 complaint you received, if you recall? 14 MS. MCCARTY: Yes, I recall one. I 15 believe -- I'm not sure of the date, but, for 16 example -- and I won't use names, but I had a 17 customer who had connected to the system in 20 -- or 18 2000, I believe in the year 2000, and she has been 19 receiving water since. She didn't notify the Company 20 for a while that she had water. When she did notify 21 them, we started billing her. She was receiving 22 continuous bills, but nothing was being paid. 23 And there was an error on the billing 24 that was sent out addressing the wrong property; it 25 was mailed to her house. She contacted the Dorothy McCarty - Vol. I - March 29, 2023 88 1 Commission to complain about it. And the Commission 2 and I agreed we would just back charge her so many 3 years and pay the $280 and keep it current going 4 forward. 5 She paid the $280 that year and nothing 6 since then, even though I continued to send her 7 statements. And I sent her out another -- I've sent 8 them out. I've delivered -- left them at the cabin, 9 et cetera. 10 And then she contacted me just a few 11 weeks ago wanting to know if I would remove the late 12 fees, which I agreed to, and we negotiated on it. 13 And she said she would send in $1,000 and make the 14 rest of the payments. Then she called the DEQ to 15 complain that it was outside the statute of 16 limitations, that she shouldn't have to pay. 17 That was one example. 18 I had a customer recently who had break 19 in his service line. And I hired a company to come 20 out and make the repair for it. And when they got 21 there -- again, this was -- and this happens often up 22 there. This was a cabin that had connected years 23 prior, told the Company they had their own well. We 24 don't go snooping around other people's property. We 25 take them at their word. And then when it goes Dorothy McCarty - Vol. I - March 29, 2023 89 1 through the transition of sales, they have to own up 2 to the fact that they don't have a well on their 3 property, so they started getting billed. 4 The point being is when this line was 5 being dug up, there was no curb stop put in; in fact, 6 there were no curb stops put in in the way they were 7 installed in the '70s and '80s. 8 And it was a break in the service line. 9 And I called him back. He said, oh, thank you, you 10 did a wonderful job. I love what happened, et 11 cetera. And I said, okay, where would you like me to 12 send the bill on the service line? And he also asked 13 me to install a hydrant and a curb stop. 14 And he called to complain. And the 15 Commission Staff determined that, according to the 16 rules and regulations, and now that he has a curb 17 stop at another place, that the Company would be 18 responsible to pay for that service line, which we 19 did. 20 I advised him that the contractor told 21 me that he had substandard water lines and if I were 22 him I would address to repairing those. 23 That was one complaint. 24 COMMISSIONER HAMMOND: Let me ask you -- 25 MS. MCCARTY: There are a few. I looked Dorothy McCarty - Vol. I - March 29, 2023 90 1 at the history of this last night. 2 COMMISSIONER HAMMOND: I appreciate it. 3 MS. MCCARTY: I was running the 4 scenario. And they were saying since 2016 there were 5 51 complaints. That's like .01 percent of the people 6 per year, you know? We get very few. And I work 7 with the Commission to resolve them. 8 COMMISSIONER HAMMOND: Have you had any 9 complaints about the smell of the water, or taste? 10 MS. MCCARTY: I would like to address 11 that one if I could, please. 12 I received a correspondence from Jon 13 Kruck that a customer who I had sent out a statement 14 because she was delinquent on her account, that she 15 called in and was complaining about statements prior 16 that when a boil water notice was put up, she claimed 17 she smelled sewer when she boiled her water. 18 And Mr. Kruck asked me what would cause 19 that. And I said we live in an aquifer -- I mean, 20 the wells are located in an area where there is 21 sulfur in the water aquifer. H2S is not harmful. If 22 you open the hydrant, it will dissipate quickly. But 23 you are not required to test it by the EPA. 24 And the correspondence digressed from 25 that, because Mr. Kruck wanted me to provide -- I Dorothy McCarty - Vol. I - March 29, 2023 91 1 Googled what would cause someone's water to smell 2 bad. You could have a bad element in your water 3 heater. You could have bacteria that had gotten into 4 your traps or sewer P-trap or whatever. And I 5 provided that to him. And it was not a satisfactory 6 answer. And the correspondence going back and forth 7 was, provided me the credentials of the people you 8 talked to, provided me a written report of what they 9 said to you. I said, you know, I can't solve a 10 problem that happened eight months ago that she 11 didn't report to me. I'll wipe out the person's 12 account; let's just move forward on this, because I 13 can't change something that I wasn't aware of. 14 I said I called other customers -- 15 COMMISSIONER HAMMOND: Yeah, I 16 appreciate that. 17 MS. MCCARTY: Okay. 18 COMMISSIONER HAMMOND: You know, once 19 the complaint comes in -- 20 MS. MCCARTY: I have to respond. I 21 understand that. 22 COMMISSIONER HAMMOND: Exactly. 23 MS. MCCARTY: And I spoke to Mr. Kruck 24 about that. 25 COMMISSIONER HAMMOND: So once you've Dorothy McCarty - Vol. I - March 29, 2023 92 1 been made aware, my advice would be that you respond 2 and -- 3 MS. MCCARTY: I did. 4 COMMISSIONER HAMMOND: -- communicate 5 with the customer about what's going on. 6 MS. MCCARTY: Yes. And I made calls to 7 other customers in the area that I know live there 8 full-time. And my first question was, has your water 9 ever smelled bad. And the answer was, no, what are 10 you talking about. 11 COMMISSIONER HAMMOND: So you further 12 stated the entity Island Park is a nonprofit entity. 13 Are you the only person involved in that 14 nonprofit entity, or are there other individuals? 15 MS. MCCARTY: No. I'm the only one now. 16 COMMISSIONER HAMMOND: Only one now. 17 So there's no directors, no officers or 18 any other individual -- 19 MS. MCCARTY: I think I provided the 20 answer to that in my affidavit. This was created by 21 the developers at the time when they were developing 22 it, and it was a -- 23 COMMISSIONER HAMMOND: But my question 24 is, is there anybody else involved now? 25 MS. MCCARTY: No. Dorothy McCarty - Vol. I - March 29, 2023 93 1 COMMISSIONER HAMMOND: You had mentioned 2 you bought insurance -- you bought insurance coverage 3 from a company Holden-McCarty. And did you shop 4 those insurance rates? 5 MS. MCCARTY: Well, they don't just sell 6 for one company, they shop them everywhere. And my 7 husband is very diligent about looking to see what 8 company could provide them. 9 COMMISSIONER HAMMOND: And when you say 10 "what company could provide them," are you -- 11 MS. MCCARTY: It's if difficult to 12 insure someone. 13 COMMISSIONER HAMMOND: So you are 14 obviously looking for adequate coverage. 15 But do you consider cost in that 16 equation? And if you do consider cost, have you 17 checked with other agencies to determine whether you 18 are getting a fair price for those? 19 MS. MCCARTY: I know for a fact we are 20 getting the lowest prices, because he shops all the 21 companies that are available. 22 COMMISSIONER HAMMOND: Well 3, you had 23 mentioned that you do not own, is that correct -- or 24 your entity does not own? 25 MS. MCCARTY: We do not own well 3. Dorothy McCarty - Vol. I - March 29, 2023 94 1 COMMISSIONER HAMMOND: Do you receive -- 2 or does the water system or any water system you 3 operate receive water from that well? 4 MS. MCCARTY: It is not interconnected. 5 COMMISSIONER HAMMOND: Okay, thank you. 6 Can you tell me who your accountant is 7 identified -- what the person's name is or practice? 8 MS. MCCARTY: Micki Schwartz with Rudd & 9 Company is going to be my accountant. 10 COMMISSIONER HAMMOND: I would just say 11 that we encourage that -- as you have Mr. Smith 12 communicating to Mr. Miller, you would have that 13 person interface -- are you willing -- 14 MS. MCCARTY: Absolutely. 15 COMMISSIONER HAMMOND: -- to have that 16 person interface with the Staff? 17 MS. MCCARTY: In the future, yes. 18 COMMISSIONER HAMMOND: So let's go to 19 these disapproval notices, or these disapproval 20 letters that I believe are marked as Exhibits 21 21 through 27. 22 Do you have copies of those? 23 MS. MCCARTY: (No response.) 24 COMMISSIONER HAMMOND: And you are 25 familiar, as I believe you stated, with each of these Dorothy McCarty - Vol. I - March 29, 2023 95 1 letters? 2 MS. MCCARTY: Yes. 3 COMMISSIONER HAMMOND: In many of these 4 letters, they reference failure to address 5 significant deficiencies. In a letter dated January 6 5, 2023 -- and forgive me if that letter is in here 7 and I haven't seen it. 8 But, for example, in Exhibit 27, there's 9 a failure to address significant deficiencies in a 10 letter that was dated January 5th, 2023. 11 MS. MCCARTY: I believe we tried to 12 answer this before. But when we went into -- this 13 letter was generated after a meeting that Roger and I 14 had. He attended via teleconference that I had with 15 Carlin. And I'm presuming that this is the pump to 16 waste deficiency that we went in to discuss with him 17 that day. And immediately that day, she sends out a 18 deficiency. 19 COMMISSIONER HAMMOND: So if Mr. 20 Buchanan -- if you feel he would be able to assist in 21 this answer. 22 I just want to know what you believe 23 those January 5, 2023 deficiencies were as identified 24 in that letter. 25 MR. BUCHANAN: I do believe that would Dorothy McCarty - Vol. I - March 29, 2023 96 1 be a depressurization event, is what they're calling 2 it, because PUC had received information that some 3 people who -- didn't have water in the Valley View 4 Subdivision. 5 COMMISSIONER HAMMOND: Okay. And as far 6 as these disapproval notices, we know it's correct. 7 We know these are seven matters the Company is going 8 to be -- five -- 9 MS. MCCARTY: Oh. 10 COMMISSIONER HAMMOND: -- excuse me. I 11 believe that there's seven or -- I'm sorry, it could 12 be six. 13 MS. MCCARTY: Oh, the subdivisions -- 14 COMMISSIONER HAMMOND: The well 15 divisions. 16 MS. MCCARTY: -- or the PWCs -- or the 17 PWSs? 18 COMMISSIONER HAMMOND: The disapproval 19 letters you've received -- 20 MS. MCCARTY: Okay. 21 COMMISSIONER HAMMOND: -- they relate to 22 seven -- 23 MS. MCCARTY: Correct. 24 COMMISSIONER HAMMOND: They relate to 25 five -- Dorothy McCarty - Vol. I - March 29, 2023 97 1 MS. MCCARTY: I'm sorry, I thought you 2 were talking about the ten points. 3 COMMISSIONER HAMMOND: So we have those 4 proceedings -- I'm using that loosely, but we have 5 those matters that the Company you've represented is 6 going to work through and address. 7 MS. MCCARTY: Absolutely. 8 COMMISSIONER HAMMOND: And will you 9 commit to providing that information as you 10 respond -- 11 MS. MCCARTY: I will. 12 COMMISSIONER HAMMOND: -- to the 13 Commission and Commission Staff? 14 Is there an ongoing sanitary survey 15 currently going forward, or has that been completed, 16 the most recent sanitary survey? 17 MR. BUCHANAN: A sanitary survey was 18 performed in September -- October. 19 MS. MCCARTY: Mid October. 20 MR. BUCHANAN: Mid October of last year. 21 And we are still in the process of responding to the 22 significant deficiencies that were brought up at the 23 time. And because of an inability to access a lot of 24 these well sites, pump houses and such, we're not 25 gonna be able to do that until snow goes away and we Dorothy McCarty - Vol. I - March 29, 2023 98 1 can actually get into the site itself. Some of these 2 subdivisions, two in particular, do not open their 3 roads up in the winter. They are completely snowed 4 in. 5 MS. MCCARTY: The wells. 6 COMMISSIONER HAMMOND: And the sanitary 7 surveys and the issues that you are working to 8 address, the deficiencies that you've stated, are 9 those the same deficiencies that are being addressed 10 or asked about in these disapproval letters, or are 11 they in addition to matters that need to be addressed 12 to the matters in the sanitary survey? 13 MR. BUCHANAN: Well, they are in 14 addition to what needs to be addressed. From my 15 understanding, the disapproval letters came about 16 because of lack of putting the proper paperwork in at 17 the proper time and following up with the proper 18 paperwork to the DEQ is my understanding. 19 I would want further clarification of 20 that from Carlin, but he has been on vacation since 21 the time that those letters went out on Friday, two 22 minutes until 5:00. And we haven't been able to talk 23 to him. I would assume he -- and I have talked to 24 the DEQ, okay, concerning this and trying to address 25 those -- what we have to do because of the Dorothy McCarty - Vol. I - March 29, 2023 99 1 disapproval. 2 There are certain notifications we have 3 to put out, and we are in the process of ensuring 4 that those notifications have to have specific 5 language in them, and we are coordinating with the 6 DEQ -- because of their help, they have been very 7 nice about that -- to make sure notifications go out 8 properly. 9 COMMISSIONER HAMMOND: Are you aware of 10 any other open investigations or inquiries from any 11 other government agencies other than these sanitary 12 survey issues and these disapproval letters? Is 13 there any other thing going on with the water 14 systems? 15 MR. BUCHANAN: No, not that we're aware 16 of. 17 COMMISSIONER HAMMOND: So -- 18 MR. BUCHANAN: I'm sorry, go ahead. 19 MS. MCCARTY: I don't know how to 20 address this, so I'm just going to say it. 21 My understanding on these disapprovals, 22 I understand it's not approving the way we sample the 23 water. I've been told by hearsay that that's gone 24 over to Boise to see if they are going to go back and 25 allow our water sampling that we understood was going Dorothy McCarty - Vol. I - March 29, 2023 100 1 to be approached that way. It's just paper. 2 But we were also told we can't inform 3 the customers that this is about -- I mean, you -- as 4 a person, it sounds like you are going to be 5 endangered from the water. But we're not allowed to 6 tell the customers that this isn't about their water 7 quality, that it -- it states on some of those points 8 that -- you know, the ten points you have to address 9 is that this could be a hazard to your health or the 10 elderly or children. And I know I will get a million 11 calls. 12 And I know it's not the question, but I 13 just wanted to make this point. 14 COMMISSIONER HAMMOND: Go ahead, Mr. 15 Buchanan. 16 MR. BUCHANAN: I would like to elaborate 17 on that. 18 There are certain requirements that the 19 water company has to inform their customers. And 20 there's specific language that we have to tell them 21 about it. We can't put any cover letter in. We 22 can't do any explanation, anything other than what 23 this specific document has to say. And we're bound 24 by that, by the Safe Drinking Water Act. 25 COMMISSIONER HAMMOND: And so either one Dorothy McCarty - Vol. I - March 29, 2023 101 1 of you can answer this question, but you understand 2 that the Public Utilities Commission is a separate 3 agency from the Division of Environmental Quality, 4 correct? 5 MR. BUCHANAN: Yes. 6 MS. MCCARTY: We do. 7 COMMISSIONER HAMMOND: And we cannot 8 control what they send out and what they do. They 9 have primary jurisdictional authority over the 10 drinking water system. So I would encourage you to 11 work with them on these issues, because once we get a 12 letter like this, we will inevitably get questions 13 about it. 14 MS. MCCARTY: You will get calls from 15 everyone. 16 COMMISSIONER HAMMOND: And we have to 17 address it, so I'll leave it at that. 18 MS. MCCARTY: I -- 19 COMMISSIONER HAMMOND: I don't think I 20 have any further questions. So I'll pass the mic if 21 anybody else has. 22 COMMISSIONER ANDERSON: Thank you very 23 much, Commissioner Hammond. 24 Commissioner Lodge? 25 COMMISSIONER LODGE: No questions. Dorothy McCarty - Vol. I - March 29, 2023 102 1 COMMISSIONER ANDERSON: Well, I have a 2 couple of questions. And I have to say, I truly do 3 appreciate Commissioner Hammond's gracious and 4 perhaps more lenient than myself introduction on 5 this, because I'm struggling with several facts. I 6 have reviewed all the documentation, as we have all 7 have. I have just a couple of questions to start 8 off. 9 First of all, Ms. McCarty, are you fully 10 aware of what the tariff and the CPCN is now? 11 MS. MCCARTY: I am. 12 COMMISSIONER ANDERSON: And you are 13 aware that customers have complained about many 14 things? 15 MS. MCCARTY: I am. 16 COMMISSIONER ANDERSON: And billing is 17 one of those many things that they have complained 18 about? 19 MS. MCCARTY: I understand that's what 20 some of the people are complaining about. 21 COMMISSIONER ANDERSON: So the -- as an 22 example, there was one complaint, that was the amount 23 of $1,440, which I believe you indicated was for four 24 or five hookups. 25 MR. SMITH: He's asking a question. Dorothy McCarty - Vol. I - March 29, 2023 103 1 MS. MCCARTY: Yes. 2 Do you want me to clarify? 3 COMMISSIONER ANDERSON: No. I'll ask 4 the questions. Thank you. 5 In that hookup, is there one curb stop 6 to that hookup? 7 MS. MCCARTY: I don't believe there's 8 any curb stop. 9 COMMISSIONER ANDERSON: Does it provide 10 service to one residence? 11 MS. MCCARTY: It -- I don't know where 12 the location of the lines are. 13 COMMISSIONER ANDERSON: My question, 14 though, would be that why do we have -- is there a 15 policy that provided you the ability, through your 16 tariff or your CPCN, to provide more hookups, more 17 $280 fees on an individual property that has one 18 residence? 19 MS. MCCARTY: This is a lodge that was 20 in existence at the time of the creation of the water 21 district. It was a gas station/grocery store/bar. 22 It was a two-lot parcel. They had a cabin sitting to 23 the side. I didn't make the decision, the agreement 24 with the owner that they had apartments in this 25 lodge. They had the gas station, store. They had Dorothy McCarty - Vol. I - March 29, 2023 104 1 made connections for -- an additional connection for 2 an RV. And it was decided and agreed to at the time 3 by the Company that it would be five individual units 4 that they would be billed for. I didn't make that 5 decision, I just continued it. 6 When it sold, the new owner, when they 7 bought it they were aware that there were five 8 connections. There's a cabin. There's two -- 9 COMMISSIONER ANDERSON: I'm aware of 10 that component. 11 MS. MCCARTY: Okay. 12 COMMISSIONER ANDERSON: But what 13 concerns me is that person has now challenged that 14 through a letter, a complaint. 15 Have you responded to that individual, 16 to that complaint? 17 MS. MCCARTY: I thought -- I could be 18 wrong, but I thought Mr. Kruck told me not to 19 respond. He just made me aware of it. I could be 20 wrong, but I thought he said do not reply. 21 COMMISSIONER ANDERSON: So did Mr. Kruck 22 provide that letter, that complaint letter, or did 23 your customer provide the complaint letter? 24 MS. MCCARTY: Mr. Kruck asked me if I 25 could explain the property. I sent him detailed Dorothy McCarty - Vol. I - March 29, 2023 105 1 information as to the fact that this now houses two 2 commercial laundry companies that do all the Airbnb 3 laundry. It has a full-blown bar. It has a separate 4 cabin. It has RV connections. I've been told from 5 customers that they have also put on the property 6 another commercial venture. I provided all that 7 information to him. 8 COMMISSIONER ANDERSON: So I understand 9 this better, then, if I were to purchase a lot -- and 10 I notice that in your filings that many lots have 11 been combined because they weren't large enough to 12 put septic systems in and different 13 characteristics -- and I decided that I was going to 14 put an RV site for maybe my in-laws, and maybe they 15 have two of them because they visit me in the 16 summers, would you charge me for my individual hookup 17 for my residence, or would you charge me for three? 18 MS. MCCARTY: You would only be charged 19 for your individual connection to your house. But if 20 you wanted to make a connection for an additional 21 hydrant connection to provide service to that RV, it 22 would be a separate connection. I don't know if it 23 would -- when you said a lot of lots are combined, 24 that only pertains, to my knowledge, in Valley View 25 where there was -- at the time of the development the Dorothy McCarty - Vol. I - March 29, 2023 106 1 lot sizes were less than a half acre, and so they 2 couldn't have septic system. 3 COMMISSIONER ANDERSON: Okay. That's 4 not my question completely. I understand what you 5 are trying to say. 6 I guess my bigger concern is that if you 7 have one customer that has agreed to pay an 8 additional hookup because it's an RV and -- I mean do 9 you have a -- in your CC&Rs or whatever your business 10 plan is, do you have the instruments that tell your 11 customers what they pay for as far as if they have an 12 additional bunkhouse or something for their kids or 13 whatever, are you charging people for those hookups 14 in addition to the primary hookup? 15 MS. MCCARTY: I've had -- on one or two 16 occasions I've had a customer who was going to build 17 a unit and said, I would like to make two connections 18 to the lot. And I've said when you do that, then it 19 would -- each connection is $280. So if you did 20 that, it would be $280 to do that on the second 21 connection. But normally, in answer to your 22 question, each lot has one inhabitable structure. 23 COMMISSIONER ANDERSON: So do you have a 24 business plan that has that in writing that tells 25 your customers what they have to do and how they -- Dorothy McCarty - Vol. I - March 29, 2023 107 1 how many hookups they can have? Do you have that? 2 MS. MCCARTY: It's -- I don't have it in 3 mind, but I have stated to customers that the 4 services only allow for one connection per lot. 5 What you are asking refers back to the 6 restricted covenants that govern all of these lots, 7 which is not the water company's issue, but it 8 restricts each of these lots to a single inhabitable 9 structure or a single RV, but not both. But that's 10 not the water company's issue. 11 COMMISSIONER ANDERSON: So in some of 12 your filings, you had talked to customers in the past 13 in regard to drilling their own wells if they 14 couldn't afford the line extensions or different 15 things; you never told them they had to. That's the 16 testimony we heard from you earlier. 17 MS. MCCARTY: No, I have not. 18 COMMISSIONER ANDERSON: I guess my 19 question would be is, you've also had the same 20 conversation about perhaps turning this into a 21 recreational district. 22 MS. MCCARTY: The advice that I was 23 given by another attorney was that if homeowners -- 24 if they don't want to form a homeowners association, 25 but they would like to take over the water systems, Dorothy McCarty - Vol. I - March 29, 2023 108 1 that it would be advisable to let them know what 2 their options are. The water company would be more 3 than happy to work with them. They could do a 4 homeowners association, or they could do what is 5 called a recreational water district. It would 6 require election of directors in the ownership within 7 that division to take em over. So far nobody is 8 interested. And it was just strictly information 9 being provided to them. 10 COMMISSIONER ANDERSON: Do you believe 11 your CPCM and your tariff actually requires you to be 12 a year-round provider? 13 MS. MCCARTY: Well, I know for a fact 14 that the wells have been operational year round. We 15 have never depressurized any of the water. We keep 16 the water running year round. We have a few 17 customers living here year round. We provide service 18 to them. We don't shut the water off saying it's 19 from May to September. We provide water year round. 20 COMMISSIONER ANDERSON: It's very 21 difficult to shut anyone off anyway if you don't have 22 a curb stop. 23 MS. MCCARTY: Impossible. 24 COMMISSIONER ANDERSON: So a 25 recreational water district would benefit some people Dorothy McCarty - Vol. I - March 29, 2023 109 1 to be only in terms of month -- it wouldn't be a 2 seasonal -- it could be a seasonal permit, then, or 3 wouldn't it be, or is that your understanding? 4 MS. MCCARTY: Well my understanding is 5 that they would have control of the system, any 6 improvements they wanted to do. It would basically 7 be the same as a homeowners. It would just be the 8 people that own the property there, they have the 9 benefit of making decisions on what they want to do 10 and improve it. It's really just giving them the 11 opportunity to control the water systems. 12 COMMISSIONER ANDERSON: So is this out 13 of the goodness of your heart that you would give 14 that system over, or would you sell it to them? 15 MS. MCCARTY: No. I don't think the 16 bylaws allow me to sell it. I'm not doing it for 17 gain, if that's what you're asking. 18 COMMISSIONER ANDERSON: And in your well 19 number 3, you said -- it's your testimony it was not 20 interconnected. 21 MS. MCCARTY: No, it's not. 22 May I give you an input on the 23 situation? 24 COMMISSIONER ANDERSON: So it's not 25 interconnected, and it's owned by another party. Dorothy McCarty - Vol. I - March 29, 2023 110 1 Does it provide service to anybody 2 within Island Park? 3 MS. MCCARTY: No. It provides service 4 -- it was a private domestic well. It provided 5 service to one entity that I'm aware of -- or one 6 homeowner that is connected to it. We do not charge. 7 We don't have any control over the well. He's 8 connected to it. And what I understand is that at 9 some point in time, maybe back in 1985, this 10 connection was made to this well to another PWS that 11 I presume you have oversight on. For him it's like a 12 gas station, cafe, and they are taking the water from 13 that well. 14 COMMISSIONER ANDERSON: Yes. The circle 15 of conversation we're having is confusing you. 16 Does it provide water to anybody else in 17 Island Park that you actually receive a fee from? 18 MS. MCCARTY: We receive no fee. 19 COMMISSIONER ANDERSON: So my question 20 is: Why do you have that well even in your system? 21 MS. MCCARTY: The well, I believe, was 22 established back in the 1960s. 23 COMMISSIONER ANDERSON: So why is it in 24 your system if you have no ability to receive any 25 income from it; it doesn't belong to you. I'm Dorothy McCarty - Vol. I - March 29, 2023 111 1 curious. I'm confused why -- 2 MS. MCCARTY: The owners purchased the 3 ranch. They later decided to develop it. That well 4 was already drilled in there. And during the course 5 of development it's my understanding that the 6 developers sold off a few lots and allowed a couple 7 of homeowners to connect to that. They never 8 collected money from them. It was a domestic use. 9 And it remains in the platted subdivision. They 10 didn't dig up the well. 11 COMMISSIONER ANDERSON: Thank you. 12 I'm still not clear on why you would 13 even have that as part of your possession if it 14 doesn't -- maybe counsel could help me understand 15 better. 16 MR. SMITH: Well, I'll give it a try. 17 What you've got to understand is that 18 the original developers, Mr. Strobel -- Ms. McCarty's 19 father and uncle, never gave up the idea that maybe 20 the well was theirs. And so what you have is a 21 situation where Ms. McCarty was advised by her father 22 to continue to pay taxes on this well because it 23 is -- I think you folks understand what the elements 24 of adverse possession are -- so they continued to pay 25 taxes, but only as a remnant of a father's habit and Dorothy McCarty - Vol. I - March 29, 2023 112 1 tradition of paying. 2 So you're correct. It's more than 3 confusing, in that you have a situation where you 4 have a well that provides no service within the 5 system, but this company continues, because of the 6 advice of a father, to pay taxes based upon an 7 adverse-possession scenario. So it's a disputed 8 area. 9 But as they've -- it's already been 10 stated, Mr. Chairman, they receive no fees. They 11 don't service as part of the overall company, 12 overview the system. 13 COMMISSIONER ANDERSON: Thank you, 14 Counsel. 15 Ms. McCarty, is that one of the wells 16 that have been disapproved by the DEQ? 17 MS. MCCARTY: Yes. 18 COMMISSIONER ANDERSON: And if it's 19 disputed, who do you anticipate is going to remedy 20 the issues? 21 MS. MCCARTY: Mr. Weingar, who owns the 22 Henry's Lake gas station and cafe. 23 COMMISSIONER ANDERSON: Did he get the 24 notice of disapproval? 25 MS. MCCARTY: I doubt if he did. Dorothy McCarty - Vol. I - March 29, 2023 113 1 COMMISSIONER ANDERSON: Then I don't 2 think he's going to remedy it. That's my opinion. I 3 don't think that's going to happen. 4 MS. MCCARTY: What do you mean by 5 "remedy"? 6 COMMISSIONER ANDERSON: I don't think 7 he's going to make the improvements to it because 8 it's to be not disallowed. He's not going to cure 9 the problem. 10 MS. MCCARTY: No. And he's forbid me to 11 enter the well. 12 MR. BUCHANAN: Can I, Mr. Chairman? 13 COMMISSIONER ANDERSON: Yes, you can. 14 Mr. Buchanan. 15 MR. BUCHANAN: Are you aware that this 16 well number 3 is a public water system well for the 17 Weingars? 18 COMMISSIONER ANDERSON: I am now from 19 the testimony I received. 20 MR. BUCHANAN: Okay. It's been and 21 still is an approved system. 22 COMMISSIONER ANDERSON: But it has no 23 ownership of Island Park. And that continues because 24 we keep talking about well number 3. And if it 25 doesn't have any basis of income, or if you have no Dorothy McCarty - Vol. I - March 29, 2023 114 1 control over the DEQ sending you a disapproval 2 letter, to me, I'm very confused. Why is this 3 property -- 4 MR. BUCHANAN: Mr. Chairman, that makes 5 a whole bunch us. Why did the DEQ put that into the 6 Island Park Water Company system? 7 COMMISSIONER ANDERSON: Has the Island 8 Park Water system actually addressed this with the 9 DEQ to have it removed? And is that in writing? 10 MS. MCCARTY: We've held meetings with 11 DEQ to -- and provided them a copy of the deed that 12 showed Mr. Weingar claims he has ownership of that 13 deed. After that conversation -- and we discussed 14 the fact that our water might allow water to be 15 dispersed out of the platted subdivision for Valley 16 View Ranch and all of this being served beyond that. 17 COMMISSIONER ANDERSON: Counsel? 18 MR. SMITH: Mr. Chairman, you're right. 19 A legal decision has to be made, whether a quiet 20 title action is going to be undertaken or a 21 disclaimer is going to be filed in favor of Mr. 22 Weingar; I mean those are the two choices. And I 23 frequently had -- and I've come to this game very 24 late in the season. But that's one of those 25 flippancy, come down to the river and let's have a Dorothy McCarty - Vol. I - March 29, 2023 115 1 sermon talk that I've got to have with my client, 2 because those are the only two choices that are going 3 to clear this up. 4 I totally agree with your confusion. I 5 need to make a decision whether they are going to 6 disclaim or they're gonna file a quiet action title 7 to the well. Those are the two legal choices to 8 that. 9 COMMISSIONER ANDERSON: Thank you for 10 that. 11 May I ask Mr. Buchanan a question? 12 Mr. Buchanan, I thank you for your 13 testimony earlier about the stop and waste and the 14 ability to -- and I understand stop and waste. I've 15 installed many, many of those in my life. And they 16 do work very peculiarly, because they will leak if 17 you don't shut em full off full stop, and they will 18 leak. 19 MR. BUCHANAN: Correct. 20 COMMISSIONER ANDERSON: I guess my 21 question is now, and I think that is what your 22 testimony was earlier, if you allow a customer to 23 actually access that stop and waste, do you have a 24 policy now to not do that anymore? 25 MR. BUCHANAN: To not access them -- Dorothy McCarty - Vol. I - March 29, 2023 116 1 MR. SMITH: Did you hear him? He's 2 having a hard time hearing. 3 COMMISSIONER ANDERSON: If you called 4 the customer to turn that stop and waste off or to 5 test it or whatever; you guys testified earlier that 6 you had somebody do that, and they didn't perform it 7 properly, then you had a leak situation; it looked 8 like there was a leak. Are you allowing customers to 9 still access your stop and waste when they are a very 10 peculiar mechanism? They don't always work that way. 11 MR. BUCHANAN: No. 12 COMMISSIONER ANDERSON: And I would hope 13 that becomes part of a broader discussion about who 14 could access the property, because the stop and waste 15 would belong to the district, not to the owner. 16 MR. BUCHANAN: Yes. 17 COMMISSIONER ANDERSON: Forgive me for 18 going on. A lot of my questions have been relatively 19 answered. 20 Ms. McCarty, are you a customer of this 21 water company? 22 MS. MCCARTY: No, I am not. 23 COMMISSIONER ANDERSON: When a customer 24 that lives in one of these districts that has high 25 snowfall and the only access in the winter would be Dorothy McCarty - Vol. I - March 29, 2023 117 1 snowmobile, I would take it, or some actually plow 2 the road, which they are not going to do, if the 3 lines are frozen in the ground because they are too 4 shallow and you have a CPCN that provides for 5 year-round service, have you addressed burying those 6 lines deeper so your customers would not have any 7 lack of service? 8 MS. MCCARTY: No. 9 COMMISSIONER ANDERSON: Do you think 10 that that would be a violation of your CPCN to 11 provide year-round service? 12 MS. MCCARTY: I'm confused, because we 13 do provide year-round service. 14 COMMISSIONER ANDERSON: Only if the 15 water comes out of the faucet. 16 MR. SMITH: Do you understand what he's 17 asking? 18 MS. MCCARTY: No, I don't. 19 MR. SMITH: Can I just have a moment? 20 COMMISSIONER ANDERSON: Yes. 21 MR. SMITH: Okay. 22 (Counsel and witness confer.) 23 MS. MCCARTY: A, I've thought about it. 24 B, when a repair has been made on the main line, I 25 have asked contractors to please insulate those main Dorothy McCarty - Vol. I - March 29, 2023 118 1 lines, if that was the cause of the freezing. When 2 customers have called up saying that they are making 3 repairs to their own service lines, we've discussed 4 that they should consider insulating those. 5 It's my understanding that if you change 6 25 percent of the system, then you would be required 7 to bring it up to today's standards, which I 8 understand would be millions and millions and 9 millions of dollars. 10 COMMISSIONER ANDERSON: Thank you, Ms. 11 McCarty. 12 But you also understand, I would hope -- 13 and I'm asking this as a question -- that when you 14 have an old system, you need to have capital 15 expenditures to improve upon that system. You cannot 16 allow old technology to dictate all these 30, 40, 50 17 years later as to what's in the ground. It's not 18 just when you repair, but when you provide service, 19 you need to provide service year-round. And it 20 doesn't mean you can continue to allow it to freeze. 21 That's my opinion on it. And that's 22 where I'm not as lenient as some others. 23 MS. MCCARTY: Well I don't know if I 24 should respond or not. 25 COMMISSIONER ANDERSON: Probably if you Dorothy McCarty - Vol. I - March 29, 2023 119 1 don't think you should, I would advise you not to. 2 MR. SMITH: He's giving you good advice. 3 COMMISSIONER ANDERSON: Well, I'm gonna 4 go ahead and rest on my questions for the moment. 5 Commissioner Hammond does have some 6 followup questions. 7 COMMISSIONER HAMMOND: You mentioned an 8 agreement that you didn't -- weren't a part of the 9 lodge, that there was an arrangement for five 10 connections. 11 Are you aware if that agreement is in 12 writing? 13 MS. MCCARTY: I believe it was verbal. 14 COMMISSIONER HAMMOND: Okay. So you 15 understand -- we've talked about your tariff quite a 16 bit. Do you understand that the charges on your 17 tariff that have been approved by the Commission are 18 the only ones you're authorized to charge? 19 MS. MCCARTY: I do. 20 COMMISSIONER HAMMOND: Can you tell 21 me -- it's in your tariff. 22 But can you tell me what an unauthorized 23 connection is? There's an $1,100 fee for a -- I 24 don't know why you would allow somebody unauthorized 25 to connect. I'm just curious, what's that about? Dorothy McCarty - Vol. I - March 29, 2023 120 1 MS. MCCARTY: I wasn't involved in the 2 negotiation of the new tariff rate. I didn't know 3 that in Island Park -- and people do what they want 4 to do; they're building a home, and they know there's 5 a water line there, often they have made connections. 6 We're 100 miles away were not notified of it. 7 And so the discussions that we had with 8 the previous owners that what do we do about these 9 unauthorized connections, and so it was my 10 understanding and agreement with the PUC that you 11 would charge $1,100 to someone who had connected 12 without permission and had been using water for X 13 number of years. 14 COMMISSIONER HAMMOND: Let's go back to 15 the tariff quickly. The tariff schedule 1 says $280 16 per year. 17 If you charge -- are you aware of 18 charging any customer on your system more than $280 19 per year? 20 MS. MCCARTY: No. Per connection. 21 COMMISSIONER HAMMOND: Is there any 22 information in your tariff -- I know this answer -- 23 any information in your tariff that allows you to 24 define what a connection is? 25 Let me re-ask that. Dorothy McCarty - Vol. I - March 29, 2023 121 1 Is there a definition, that you've had 2 approved by the Commission, that defines what is one 3 connection versus when you have to get two or three 4 as required by the Company; is that anywhere in your 5 tariff? 6 MS. MCCARTY: I don't know. 7 COMMISSIONER HAMMOND: We've talked 8 about -- you mentioned taxes, paying taxes on that 9 well, well number 3. 10 How long have you been paying taxes on 11 that well? 12 MS. MCCARTY: I don't know how far back 13 they have been doing it. 14 COMMISSIONER HAMMOND: Do you know what 15 the yearly amount roughly is? 16 MS. MCCARTY: $19. 17 COMMISSIONER HAMMOND: Okay. Have you 18 built that tax -- are you recovering that tax in your 19 rates? Have you asked for recovery of that payment 20 of tax in your rates? 21 MS. MCCARTY: No. 22 COMMISSIONER HAMMOND: I would hope not, 23 but I just want to make sure that we're not paying 24 for -- the customers aren't paying for something that 25 they are receiving, arguably, no benefit from. Dorothy McCarty - Vol. I - March 29, 2023 122 1 And then the wells, you mentioned that 2 someone had the ability to -- you talked somebody 3 through a procedure on a well. What security is on 4 those wells? 5 MS. MCCARTY: I believe we lock the 6 wells, and the wells get cut off, because if a 7 customer is up there and discovers he has a broken 8 line on his service or wants to do any kind of 9 repair, they just go down, cut off the locks and 10 enter the wells. We post signs that say it's 11 unauthorized, you know, you can't access these wells. 12 COMMISSIONER HAMMOND: Is there a no 13 trespassing sign on that property? 14 MS. MCCARTY: I think they are all 15 posted that it's illegal to access these wells. It 16 doesn't stop anybody. 17 COMMISSIONER HAMMOND: And in each of 18 these situations where you claim that there was an 19 act of -- or someone clipped the well or clipped the 20 lock, have you filed a police report regarding that 21 incident? 22 MS. MCCARTY: I filed a police report in 23 regards to the pump to waste, because, to my 24 knowledge, when Mr. Buchanan last accessed the well, 25 the pump to waste was turned off, it was confusing as Dorothy McCarty - Vol. I - March 29, 2023 123 1 to whether it was on or off, et cetera, so I filed an 2 illegal access of our well. 3 COMMISSIONER HAMMOND: I have -- 4 something you said is giving me some concern. You 5 had mentioned, well, we are 100 miles away. From my 6 perspective, my opinion, you own the system. I don't 7 care how far away you are, you have a 8 responsibility -- I'm sorry for the lecture -- but my 9 concern -- I guess the question I have is that these 10 things are barriers to you. 11 Why do you own the system? Are you in 12 over your head? And if you are, what changes need to 13 be made? Because the current situation is 14 unacceptable. 15 MS. MCCARTY: I understand it's 100 16 miles away. I understand the problems that it 17 creates, so I've gone about making what I thought was 18 good relationships with people up there so that when 19 they call us for a quick emergency response, I will 20 immediately call Roger Buchanan. 21 Between the three of us, if they are 22 willing to go over and see if it's a breaker that 23 they can flip and get them back to water immediately, 24 then that happens. If it's not, then Mr. Buchanan 25 will send a crew up. If it's a call that comes in at Dorothy McCarty - Vol. I - March 29, 2023 124 1 11 o'clock at night, he will send them up in the 2 morning. 3 I am aware of the distance problem. I 4 have other people that I have networked with in 5 Island Park that I can call and say, please go over 6 there and check this out and get back to me. 7 I -- you ask how did I get involved? My 8 father asked. 9 COMMISSIONER HAMMOND: I know from the 10 written pleadings how you got involved, but I'm not 11 sure, I guess, do you think you're capable of 12 operating this system going forward, or does it need 13 -- do you need to find somebody else? 14 MS. MCCARTY: I have reached out to 15 other people that would be willing to take over the 16 system. The biggest response that I get is, well, 17 we've looked at it, and under the current water 18 tariff rate it's not feasible. We're not interested. 19 COMMISSIONER HAMMOND: Do you understand 20 -- I see -- I'm sorry to keep asking questions, but 21 you have a rate schedule of $280 per year, and that 22 was instituted in 2009. If the Company is not 23 recovering its costs and its rates are insufficient, 24 you understand you can always file a rate case and 25 ask for changes to be made. And if those are the Dorothy McCarty - Vol. I - March 29, 2023 125 1 things that need to be done to provide interest to a 2 third party, maybe that's something you should 3 consider. 4 Are you -- why haven't you filed any 5 rate cases since 2009? 6 MR. SMITH: Commissioner, we're gonna 7 have the come down to the river discussion. You've 8 already done that. 9 Ms. McCarty is 78. I frankly told her 10 -- I'm sorry for announcing your age -- that she 11 needs other assistance, and that's why we've got 12 other people coming on board immediately. We've got 13 active feelers out, frankly, how to transfer 14 ownership of this property, because she's -- it 15 hadn't come out, but she's frankly owed something 16 around $200,000 by the Company by way of loans that 17 she's made to subsidized this system for the last 20 18 years. I mean this is insanity. 19 COMMISSIONER HAMMOND: I do have one 20 last question. Sorry. 21 On those loans, is the Company paying 22 you interest on those loans? 23 MS. MCCARTY: It was set at 4 percent, 24 but the Company doesn't have the ability to do it. 25 Nobody would do what I'm doing. Dorothy McCarty - Vol. I - March 29, 2023 126 1 MR. BUCHANAN: Mr. Chairman. 2 COMMISSIONER ANDERSON: Just one moment, 3 Mr. Buchanan. 4 Mr. Smith, I think if you do find 5 somebody, that will leave well 3 out of it. 6 MR. SMITH: Like I said, it's gonna be 7 quiet title or disclaimer. 8 COMMISSIONER ANDERSON: Right. 9 Ms. McCarty, before Mr. Buchanan, are 10 you aware of what the costs are for the DEQ 11 improvements or things you have to do on all of these 12 pieces? If Mr. Buchanan needs to answer that, please 13 refer. 14 MR. BUCHANAN: The significant 15 deficiencies that need to be addressed before the end 16 of June, okay, are going to run into thousands of 17 dollars, okay. The -- no matter what they cost, they 18 still have to be done. And I've lost my train of 19 thought there. 20 We have been trying to put together a 21 budget for Island Park Water Company to see what 22 these costs are going to be. And I've been trying to 23 work with -- I mean with a DEQ responses and stuff. 24 We have not put that together as of yet, okay, so 25 that Mrs. McCarty can know what these costs are going Dorothy McCarty - Vol. I - March 29, 2023 127 1 to be. We've talked about it a little bit, but 2 that's about it. 3 Is it okay to ask a question? 4 COMMISSIONER ANDERSON: I was waiting 5 for you to ask the question. 6 MR. BUCHANAN: Okay. If the sale of 7 this or -- to get rid of these water systems, does 8 Mrs. McCarty, Island Park Water Company, have to have 9 approval from the commissioners? 10 COMMISSIONER ANDERSON: And I will 11 advise you, as I do every time, we are not here to 12 answer any questions. 13 MR. BUCHANAN: Okay. 14 COMMISSIONER ANDERSON: You have Staff 15 to work with. This is a different format. Staff 16 doesn't represent us in these matters, they represent 17 the customers. 18 MR. BUCHANAN: Oh, I see. 19 COMMISSIONER ANDERSON: So that can be 20 found out, though, just by making a phone call. Some 21 of the other commissioners may wish to answer that 22 immediately, but since I'm chairing, I'm not going to 23 allow that. 24 MR. BUCHANAN: Very good. 25 COMMISSIONER ANDERSON: I do want one Dorothy McCarty - Vol. I - March 29, 2023 128 1 last thing, Mr. Buchanan, and you don't need to 2 answer this, but if there's not -- I tended to think 3 you were shaking your head no, there is not a no 4 trespassing sign on those wells where people got in 5 there and decide to do some bad things. You need to 6 get that up, because that's state law. Then you can 7 enforce. 8 MS. MCCARTY: We put signs up. Signs 9 come down. Customers in, for instance, Valley View 10 went down and put additional signs up. The signs 11 come down. I have reordered signs to put up there 12 when we can get in there. I don't know what more I 13 can do. 14 COMMISSIONER ANDERSON: Well there 15 probably are some other things to consider on that. 16 If somebody was vandalizing my 17 infrastructure, as an owner of Island Park Water 18 Company, I would probably take other measures to make 19 sure it does not happen again. 20 MR. BUCHANAN: And, Mr. Commissioner, 21 those have happened prior, and there were 22 unauthorized disconnects, unauthorized 23 depressurization, acts by contractors. I have been 24 asking Dorothy to ensure that that is followed 25 through by -- I mean you can't allow that to happen. Dorothy McCarty - Vol. I - March 29, 2023 129 1 COMMISSIONER ANDERSON: Agreed. And 2 thank you for that. 3 Counsel, I don't think you want to cross 4 us, do you? 5 MR. SMITH: No. 6 COMMISSIONER ANDERSON: I didn't think 7 you would. 8 I do want to thank you for your 9 testimony and for being a witness. None of these 10 things were easy. There's many, many things to 11 overcome. 12 We will, as a commission together, the 13 three of us will measure the testimony that we have 14 today and we will make some form of determination. 15 Just one last prior question that came 16 to my mind, though. It's about -- there was a 17 comment made to -- the DEQ doesn't allow you to 18 address any of the issues in the latest disapproval 19 that they have. If there's ever a clean water 20 demand, how long does it take you to issue that 21 notice? 22 MR. BUCHANAN: Ask the question again, 23 please? 24 MS. MCCARTY: Can you restate it? 25 COMMISSIONER ANDERSON: The clean water Dorothy McCarty - Vol. I - March 29, 2023 130 1 demand, that's not what I meant. I meant -- 2 MS. MCCARTY: The boil water. 3 COMMISSIONER ANDERSON: Excuse me. 4 Thank you. Boil water demand. 5 MS. MCCARTY: The minute I know about 6 it, I have texted all of my customers -- oh, we have 7 24 hours, so I text them immediately or call. 8 COMMISSIONER ANDERSON: So you use the 9 typewriter, that's -- 10 MS. MCCARTY: We do respond immediately. 11 COMMISSIONER ANDERSON: Okay. With 12 that, I'm done asking questions. I should allow you 13 to rebut anything that you wish. 14 COMMISSIONER HAMMOND: So we were 15 talking about Staff having 21 days from the close of 16 the hearing to address, or to comment on, or to find 17 compliance and provide response to the Commission. 18 And then how much time would you need 19 after -- 20 MR. SMITH: 14 days. 21 COMMISSIONER ANDERSON: All right. Does 22 Staff have any additional information in the form of 23 witnesses or testimony that they would like to 24 include in the record? 25 MS. SHARP: We have nothing further. Dorothy McCarty - Vol. I - March 29, 2023 131 1 COMMISSIONER ANDERSON: Thank you, Ms. 2 Sharp. 3 It looks like we have concluded with all 4 of our questions that we have. Unless any party or 5 the Commission finds that there is something else 6 that needs to be added to the record prior to the 7 Commission issuing a final order in this case, this 8 hearing will complete, and we will close the record 9 in this case, meaning that the case is fully 10 submitted. 11 The commissioners will deliberate 12 privately on this issue for the final decision. 13 And with that, this Show Cause Hearing 14 is adjourned. 15 MR. SMITH: Thank you. 16 (Whereupon, the hearing was concluded at 2:36 p.m.) 17 18 19 20 21 22 23 24 25 132 1 REPORTER'S CERTIFICATE 2 3 STATE OF IDAHO ) ) ss. 4 COUNTY OF FREMONT ) 5 I, Denise Nowak, Court Reporter and 6 Notary Public in and for the State of Idaho, do hereby certify: 7 That said hearing was taken down by me 8 in shorthand at the time and place therein named and thereafter reduced to typewriting under my direction, 9 and that the foregoing transcript contains a full, true, and verbatim record. 10 I further certify that I have no 11 interest in the event of the action. 12 WITNESS my hand and seal this 10th day of April 2023. 13 14 15 16 17 18 19 20 21 22 Denise Nowak 23 Notary Public in and for the State of Idaho 24 My Commission Expires: 3/13/2027 25 ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 $ $1,000 (2) 26:24;88:13 $1,100 (3) 31:20;119:23; 120:11 $1,300 (1) 25:12 $1,400 (4) 63:2,4,5,14 $1,440 (1) 102:23 $13,000 (1) 24:24 $14,000 (1) 23:4 $15,000 (2) 26:10,15 $19 (1) 121:16 $2,000 (1) 5:22 $20 (2) 27:22;29:19 $200 (3) 26:9;30:19;31:17 $200,000 (1) 125:16 $22,000 (1) 23:4 $240 (1) 27:9 $25,000 (2) 23:2,3 $280 (16) 33:2,18;34:5;35:4; 63:5,22;64:8,8;88:3, 5;103:17;106:19,20; 120:15,18;124:21 $40 (3) 27:23;29:20;30:10 $40,000 (1) 80:25 $560 (4) 63:7,8,13;64:9 $6,300 (1) 24:23 $666 (1) 27:8 $7,000 (1) 24:23 $84 (1) 34:2 $922 (1) 25:11 A ability (12) 34:19;61:22;62:5; 79:12,19;80:5,16; 103:15;110:24; 115:14;122:2;125:24 able (15) 18:2;36:11;41:23; 42:1,3;43:24;49:1; 51:6;62:9;63:15; 72:10,17;95:20; 97:25;98:22 Absolutely (7) 18:15;73:7;78:12; 82:24;84:13;94:14; 97:7 abuse (1) 77:23 accept (1) 75:21 acceptable (1) 75:19 access (17) 41:23;44:13;46:11, 14;49:1;61:4;75:16; 77:4;97:23;115:23, 25;116:9,14,25; 122:11,15;123:2 accessed (1) 122:24 accommodate (1) 75:11 accordance (1) 36:22 According (4) 11:8;61:10;74:24; 89:15 account (4) 33:8;84:19;90:14; 91:12 accountant (6) 66:14;72:11,13,18; 94:6,9 accounting (2) 17:21;72:8 accounts (5) 18:9;19:1,11,16; 33:4 accrued (1) 5:22 accused (1) 78:6 acre (1) 106:1 acronym (1) 16:13 Act (2) 100:24;122:19 action (2) 114:20;115:6 active (1) 125:13 acts (1) 128:23 actual (1) 5:6 Actually (12) 12:11;41:6;43:23; 44:13;55:23;79:19; 98:1;108:11;110:17; 114:8;115:23;117:1 Adam (1) 65:22 added (2) 6:15;131:6 addition (3) 98:11,14;106:14 additional (20) 5:25;8:9;19:1;32:1, 1;34:2;36:1,4,8; 52:24,25,25;59:19; 62:19;104:1;105:20; 106:8,12;128:10; 130:22 address (21) 6:13;7:25;29:3,7; 41:17;54:9;55:11; 85:25;86:22;89:22; 90:10;95:4,9;97:6; 98:8,24;99:20;100:8; 101:17;129:18; 130:16 addressed (8) 12:5;53:9;98:9,11, 14;114:8;117:5; 126:15 addressing (1) 87:24 adequate (6) 5:2;50:24;76:14; 86:5,13;93:14 adjourned (1) 131:14 admitted (2) 8:23,25 advent (1) 46:9 adverse (1) 111:24 adverse-possession (1) 112:7 advice (4) 92:1;107:22;112:6; 119:2 advisable (1) 108:1 advise (4) 9:18;73:9;119:1; 127:11 advised (2) 89:20;111:21 advisor (2) 20:13,14 affidavit (3) 7:10;42:24;92:20 affidavits (7) 8:14,16,18;9:7,9, 10;68:23 afford (1) 107:14 afterwards (1) 44:11 again (14) 4:18;14:11;25:17; 26:17;39:5;50:7,8; 58:6;60:18;75:22; 80:21;88:21;128:19; 129:22 against (3) 5:21;6:1,11 age (2) 71:17;125:10 agencies (2) 93:17;99:11 agency (3) 20:25;21:3;101:3 aging (4) 18:9,12;19:5;71:12 ago (8) 20:4;21:24;57:4; 61:18;68:7;69:2; 88:11;91:10 agree (11) 27:21;31:18,20; 33:17;36:25;41:19; 52:6;53:15;54:13; 83:25;115:4 agreed (8) 72:20;75:19;81:25; 88:2,12;104:2;106:7; 129:1 agreement (4) 103:23;119:8,11; 120:10 agrees (1) 56:13 ahead (6) 8:6;55:5;85:1; 99:18;100:14;119:4 Airbnb (1) 105:2 allocate (1) 74:8 allocation (2) 74:25;75:1 allocations (1) 74:22 allotment (1) 74:2 allow (16) 4:24;6:12;35:25; 45:5;99:25;107:4; 109:16;114:14; 115:22;118:16,20; 119:24;127:23; 128:25;129:17; 130:12 allowed (4) 37:2;80:1;100:5; 111:6 allowing (1) 116:8 allows (2) 33:18;120:23 almost (1) 86:11 along (3) 11:6;79:21;85:25 always (7) 23:18;75:16;85:20; 86:6;87:4;116:10; 124:24 Amazon (1) 52:18 ambiguous (1) 23:24 American (1) 24:11 amount (6) 45:13,25;46:1; 77:18;102:22;121:15 ANDERSON (121) 4:3,7;6:5;7:4,12,19; 8:10,20;9:1,12,15; 10:2,7;13:19;14:10, 13,18,25;25:25; 28:25;29:11,14; 34:23;35:20;37:11, 15,18;38:7,11;43:11, 15;47:25;48:5;50:5; 52:20;55:3;58:14,22; 59:5;64:13;65:1,4,8, 12,17,20;66:2,24; 67:4;71:21,24;79:2; 83:2,5,8;84:24;85:5; 101:22;102:1,12,16, 21;103:3,9,13;104:9, 12,21;105:8;106:3, 23;107:11,18;108:10, 20,24;109:12,18,24; 110:14,19,23;111:11; 112:13,18,23;113:1,6, 13,18,22;114:7,17; 115:9,20;116:3,12,17, 23;117:9,14,20; 118:10,25;119:3; 126:2,8;127:4,10,14, 19,25;128:14;129:1,6, 25;130:3,8,11,21; 131:1 Andrew (1) 79:6 ankle (1) 67:19 announcing (1) 125:10 annual (4) 31:25;69:10,25; 70:3 annually (1) 33:18 annum (1) 31:7 answered (1) 116:19 anticipate (3) Min-U-Script®(1) $1,000 - anticipate ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 58:2,7;112:19 anticipating (1) 48:25 anymore (1) 115:24 apartments (1) 103:24 apologies (1) 4:12 apologize (1) 48:4 apparent (3) 50:16;51:1,22 Apparently (1) 82:1 appears (1) 43:13 applicants (1) 36:21 application (1) 74:5 applied (1) 75:1 apply (3) 39:14,15;82:15 appreciate (6) 29:1;48:8;86:20; 90:2;91:16;102:3 approach (2) 29:16;60:19 approached (1) 100:1 appropriate (2) 5:19;25:22 approval (2) 78:17;127:9 approve (2) 74:7;82:2 approved (10) 5:8;34:1;36:23; 52:11,14;73:11,25; 113:21;119:17;121:2 approving (1) 99:22 Approximately (5) 10:22;23:1;24:23; 26:9;27:8 April (1) 34:9 aquifer (2) 90:19,21 area (8) 36:22;37:1;60:7,14; 61:6;90:20;92:7; 112:8 areas (1) 75:10 arguably (1) 121:25 around (12) 17:7;22:20;26:23; 45:10;47:3;48:15; 49:21;50:12;67:17; 69:13;88:24;125:16 arrangement (1) 119:9 as-builts (1) 61:10 aspects (1) 14:1 Aspen (6) 12:21;40:12;53:16; 61:9;62:11;82:10 assist (1) 95:20 assistance (1) 125:11 assisting (2) 21:15;85:15 associated (1) 79:4 association (3) 61:20;107:24;108:4 associations (1) 82:9 assume (2) 52:13;98:23 assuming (3) 13:11;21:4;63:18 attempts (1) 66:19 attended (1) 95:14 attention (2) 36:18;77:2 attorney (5) 7:1,3;82:19;85:10; 107:23 Audit (30) 5:3;6:3;10:25,25; 11:3,4,25,25;16:24, 25;17:1,3,6,11,19; 18:5,8;19:2,21;27:17, 17;32:6;36:16;62:20; 68:22;69:1,7;71:6; 73:6;84:15 auditor (4) 64:5,7,10;72:24 August (2) 12:20;68:12 authority (2) 86:12;101:9 authorized (2) 31:17;119:18 availability (2) 75:15;76:3 available (2) 74:2;93:21 aware (40) 7:15;12:21;29:22; 32:2,3;40:3;43:18; 46:18,24;47:1;48:21; 51:16;53:18,20,22,25; 54:2,4,6;55:9;59:10; 60:12;68:21;80:3; 81:2;91:13;92:1;99:9, 15;102:10,13;104:7,9, 19;110:5;113:15; 119:11;120:17;124:3; 126:10 away (7) 50:25;68:11;97:25; 120:6;123:5,7,16 B back (28) 23:8;40:25;42:4,13; 44:25;65:21;66:2; 67:2;68:11;69:14; 70:8,9;75:23;81:11, 21;83:8;84:8;88:2; 89:9;91:6;99:24; 107:5;110:9,22; 120:14;121:12; 123:23;124:6 backed (2) 56:9;77:24 backwards (1) 47:11 bacteria (1) 91:3 bad (4) 91:2,2;92:9;128:5 bank (7) 17:13,15,17,21; 19:22;22:24;70:18 bar (1) 105:3 barriers (1) 123:10 based (5) 8:17;22:24;35:6,12; 112:6 basically (7) 56:3,7;67:12;75:9; 78:8;81:24;109:6 basis (1) 113:25 Bay (2) 12:18;53:19 became (1) 68:21 become (2) 55:17;80:17 becomes (2) 34:12;116:13 befell (2) 66:11;67:12 begin (5) 4:18;6:25;9:16; 66:7;72:13 begins (1) 4:17 behind (1) 54:19 belabor (1) 30:20 believer (1) 81:9 belittle (1) 68:24 belong (3) 15:24;110:25; 116:15 benefit (3) 108:25;109:9; 121:25 best (4) 59:22;83:14,16; 86:15 Better (8) 4:10,10;44:10; 75:19;83:18;87:5; 105:9;111:15 beyond (3) 17:9;57:11;114:16 big (2) 79:16;81:9 bigger (1) 106:6 biggest (2) 85:18;124:16 bill (2) 63:8;89:12 billed (5) 62:23,25;63:2;89:3; 104:4 billing (9) 5:5;31:4;34:6; 62:14;63:12,13; 87:21,23;102:16 bills (6) 5:6;32:8,12;36:12; 62:24;87:22 bit (7) 4:9,16;47:22;62:13; 78:25;119:16;127:1 Blackfoot (1) 61:19 blaming (1) 85:22 blanking (1) 70:19 board (2) 79:6;125:12 boil (14) 52:2,4,7,11;53:5; 57:15,21,25;58:3,8; 84:5;90:16;130:2,4 boiled (1) 90:17 boiling (1) 53:1 Boise (1) 99:24 bone (1) 71:19 bookkeeping (1) 17:25 both (3) 18:17;29:1;107:9 bottom (1) 62:24 bought (3) 93:2,2;104:7 bound (1) 100:23 boundaries (2) 37:24;38:2 breach (2) 5:24;6:4 break (8) 9:18;37:19;39:24; 40:1;65:15,18;88:18; 89:8 breakdown (1) 85:21 breaker (1) 123:22 brief (2) 66:6;67:1 briefly (6) 8:13;34:24;66:15; 67:11;73:8;85:6 bring (3) 21:19;36:17;118:7 bringing (1) 74:6 broader (1) 116:13 broken (16) 10:24;17:5;22:22; 40:4,5,12;48:12,14, 20;49:5,10;50:1,12; 51:5,7;122:7 broker (1) 21:7 bronchial (1) 67:23 brought (3) 42:4;51:18;97:22 Buchanan (104) 7:9;13:13,15;14:3, 5,10,12,15,22,24; 15:2,13;22:6,7,9,10, 13;24:22;25:4;28:18, 20,22,24;41:23;43:13, 15,17;45:2,7,15,20; 46:6;50:4,5,7,10,14; 52:9,13;53:3;55:2,3,5, 8,13;56:6,16,20,25; 57:8,12,23;58:1,5,11, 16,20;59:14;60:4; 65:14;75:4,17;78:24; 79:4;80:13;83:15,19, 22;95:20,25;97:17, 20;98:13;99:15,18; 100:15,16;101:5; 113:12,14,15,20; 114:4;115:11,12,19, 25;116:11,16;122:24; 123:20,24;126:1,3,9, 12,14;127:6,13,18,24; 128:1,20;129:22 Min-U-Script®(2) anticipating - Buchanan ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 budget (1) 126:21 build (1) 106:16 building (1) 120:4 built (1) 121:18 bunch (1) 114:5 bunkhouse (1) 106:12 burying (1) 117:5 business (7) 20:14;27:23,24; 29:19,21;106:9,24 buy (1) 21:8 bylaws (2) 74:16;109:16 C cabin (9) 34:17;43:1;47:15; 77:17;88:8,22; 103:22;104:8;105:4 cabins (3) 42:23;46:8;75:13 cafe (2) 110:12;112:22 California (1) 68:5 call (14) 7:21;30:4;40:9,21; 47:4;60:25;70:21; 84:8;123:19,20,25; 124:5;127:20;130:7 called (15) 9:25;14:17;40:3,6; 47:6,6;78:13;88:14; 89:9,14;90:15;91:14; 108:5;116:3;118:2 calling (2) 30:5;96:1 calls (5) 32:19;60:19;92:6; 100:11;101:14 came (8) 38:17;44:25;45:24; 61:12;68:10;79:5; 98:15;129:15 Can (60) 4:5,8;6:25;10:11; 11:15;16:2;19:11; 22:17;25:6,18;29:8, 12;30:3;31:8;33:7; 34:22;39:6;40:8; 43:13,25;44:19; 46:12;48:6;55:5; 58:19;59:3;68:2; 71:18;73:8;74:8,17, 25;78:3,16,24;80:6; 82:18,25;83:2;87:6, 11;94:6;98:1;101:1; 107:1;113:12,13; 117:19;118:20; 119:20,22;123:23; 124:5,24;126:25; 127:19;128:6,12,13; 129:24 cancer (2) 68:6,9 capable (1) 124:11 capacities (1) 74:1 capital (1) 118:14 care (2) 50:6;123:7 Carlin (9) 55:20,21;56:22; 75:17,20,24;76:25; 95:15;98:20 Carlock (2) 68:24;70:1 Carter (13) 48:22;53:3;55:14, 24;57:2;59:15;60:3,5; 75:8,23;76:12,24; 82:2 cascaded (1) 76:6 Case (9) 4:19;6:15,18;14:8; 85:15;124:24;131:7, 9,9 cases (2) 85:10;125:5 Cause (8) 4:15,19,25;6:9; 90:18;91:1;118:1; 131:13 causing (1) 83:24 Cayla (1) 40:1 CC&Rs (1) 106:9 cease (1) 5:7 center (1) 67:22 certain (2) 99:2;100:18 certainly (2) 35:21;48:6 certificate (1) 16:11 certificated (1) 36:22 certified (1) 84:10 certify (1) 56:2 cetera (6) 47:12;77:22;84:5; 88:9;89:11;123:1 chair (3) 6:6;9:20;29:4 chairing (1) 127:22 Chairman (22) 14:2;29:10;34:22; 37:8,17;38:5;43:10; 50:2;58:10;59:1;64:3; 66:6,23;67:11;72:5; 83:10;84:22;112:10; 113:12;114:4,18; 126:1 challenge (3) 77:9,10,11 challenged (1) 104:13 challenges (1) 66:17 change (2) 91:13;118:5 changed (1) 80:6 changes (2) 123:12;124:25 characteristics (1) 105:13 charge (15) 27:22;31:11,20; 33:18;34:1,2;36:1; 63:6;88:2;105:16,17; 110:6;119:18;120:11, 17 charged (4) 27:19;31:14;36:3; 105:18 charges (1) 119:16 charging (10) 5:7;19:12,16;28:3; 31:6;32:1;36:7,8; 106:13;120:18 cheaper (1) 38:23 check (1) 124:6 checked (1) 93:17 chemo (1) 68:8 Cherokee (1) 53:21 children (1) 100:10 choice (1) 86:10 choices (3) 114:22;115:2,7 Chris (1) 34:10 circle (1) 110:14 citation (1) 54:18 cited (3) 54:8,14,25 City (1) 77:25 claim (1) 122:18 claimed (1) 90:16 claims (3) 6:11,13;114:12 Clair (1) 68:19 Claire (4) 7:2;68:20;69:8; 70:1 clarification (6) 13:23;19:17;55:17, 24;63:19;98:19 clarify (16) 8:11;12:11,24;13:2, 12;18:14;33:10; 35:11;38:12;49:3; 54:22;58:24;60:18; 63:16;65:2;103:2 clarity (1) 59:4 classified (1) 12:19 clean (2) 129:19,25 clear (3) 63:17;111:12;115:3 clearly (1) 16:3 client (7) 34:25;35:3,5;64:4; 66:7,11;115:1 climb (1) 45:22 clipped (2) 122:19,19 close (6) 43:25;45:22;65:15; 68:1;130:15;131:8 closed (4) 41:25;44:24;45:23; 51:8 closing (3) 44:22;45:15,18 cochair (1) 58:23 Code (2) 5:23;6:1 colleagues (1) 8:1 collect (1) 23:17 collected (1) 111:8 colors (1) 75:24 combine (1) 64:19 combined (2) 105:11,23 coming (4) 44:21;45:25;66:13; 125:12 comment (3) 71:9;129:17;130:16 comments (2) 8:9;67:2 commercial (3) 75:3;105:2,6 Commission (48) 4:22;5:2;6:10;8:4, 11;9:6,6,10,11;16:12; 18:4;28:12;31:5; 36:24;62:18;64:5,7, 11;66:20;67:16; 70:16,21;72:23,24; 73:5,9;76:20;77:20; 78:4;79:1;84:15;85:2, 10,24;86:22;88:1,1; 89:15;90:7;97:13,13; 101:2;119:17;121:2; 129:12;130:17;131:5, 7 COMMISSIONER (191) 4:3,7;6:7,7;7:4,12, 19;8:20;9:1,12,15; 10:2;13:19;14:10,13, 18,25;16:8,10,15; 25:25;28:25;29:11, 14;34:23;35:12,20; 37:11,15,18;38:7,8, 11;43:11,15;47:25; 48:5;50:5;52:20;55:3; 58:14,22;59:5;64:13; 65:1,4,12,17,20;66:2, 24;67:4;71:21,24; 79:2;81:11;83:2,5,8; 84:24;85:3,4,5,17; 89:24;90:2,8;91:15, 18,22,25;92:4,11,16, 23;93:1,9,13,22;94:1, 5,10,15,18,24;95:3, 19;96:5,10,14,18,21, 24;97:3,8,12;98:6; 99:9,17;100:14,25; 101:7,16,19,22,23,24, 25;102:1,3,12,16,21; 103:3,9,13;104:9,12, 21;105:8;106:3,23; 107:11,18;108:10,20, 24;109:12,18,24; 110:14,19,23;111:11; 112:13,18,23;113:1,6, 13,18,22;114:7,17; 115:9,20;116:3,12,17, 23;117:9,14,20; 118:10,25;119:3,5,7, Min-U-Script®(3) budget - COMMISSIONER ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 14,20;120:14,21; 121:7,14,17,22; 122:12,17;123:3; 124:9,19;125:6,19; 126:2,8;127:4,10,14, 19,25;128:14,20; 129:1,6,25;130:3,8, 11,14,21;131:1 commissioners (11) 6:16;10:7;59:2; 66:23;79:10;80:3; 81:2;85:2;127:9,21; 131:11 commissioners' (1) 36:18 Commission's (2) 17:17;35:4 commit (1) 97:9 committee (1) 82:21 common (1) 51:13 communicate (2) 84:20;92:4 communicating (2) 83:22;94:12 Communication (4) 61:19;68:23;85:21; 87:5 communications (2) 49:24;84:3 companies (6) 24:14;85:11,12,19; 93:21;105:2 Company (148) 4:25;5:5,9;6:1,11, 12;7:6,9,11;8:24;9:5; 10:13,15,20;11:8; 12:1,2;15:25;16:6; 17:4,6,12,13,14,24; 18:2,8,11,25;19:12, 15,22,24,25;20:2,3,5, 10,17,20;21:16;22:6, 16,17,20,25;23:3,9, 10,16,21;24:2,10,11, 15,20,21;25:2,5,10, 13,23;26:8,12,15,19, 22;27:3,7,11,18;29:7; 30:6;32:1,7,11;33:18, 23,25;34:6;36:7,8,11, 20;37:7;40:20,21; 43:8,18;45:3;46:18; 48:24;49:3;51:18; 52:6,17;56:5,13;57:5; 59:19,21;61:5;62:5,9, 14,17,22;63:1,2,19; 66:19;68:2;72:14; 74:11,17;79:5,8,23; 81:4;82:8;86:6,20; 87:19;88:19,23; 89:17;93:3,6,8,10; 94:9;96:7;97:5; 100:19;104:3;108:2; 112:5,11;114:6; 116:21;121:4;124:22; 125:16,21,24;126:21; 127:8;128:18 Company's (12) 4:21;11:2;28:11; 33:17;36:13;37:1,2; 38:1;46:3;49:24; 107:7,10 complain (3) 88:1,15;89:14 complained (2) 102:13,17 complaining (2) 90:15;102:20 complaint (12) 5:4;11:9,12,21; 87:13;89:23;91:19; 102:22;104:14,16,22, 23 complaints (8) 11:6,16,22;87:1,1, 10;90:5,9 complaint's (1) 11:7 complete (1) 131:8 completed (1) 97:15 completely (3) 35:1;98:3;106:4 compliance (2) 83:16;130:17 compliant (1) 55:18 complicate (1) 67:21 complicated (1) 69:12 complications (1) 61:21 Comply (4) 4:21;66:19;67:15; 84:11 component (1) 104:10 computer (3) 26:16;27:2;71:14 concern (4) 30:21;106:6;123:4, 9 concerning (1) 98:24 concerns (3) 5:19;86:2;104:13 concluded (2) 131:3,16 condition (1) 66:11 conditions (1) 67:12 confer (2) 83:3;117:22 Conferring (1) 58:21 confirm (1) 10:11 confused (5) 28:16;58:11;111:1; 114:2;117:12 confusing (3) 110:15;112:3; 122:25 confusion (3) 35:3;43:19;115:4 connect (3) 39:13;111:7;119:25 connected (7) 30:14;37:2;87:17; 88:22;110:6,8;120:11 connection (30) 30:17,19;31:18,21; 39:1,14,15;63:14,21, 22;64:7,8,16,22,23, 24;72:25;104:1; 105:19,20,21,22; 106:19,21;107:4; 110:10;119:23; 120:20,24;121:3 connections (12) 63:4,10,17;64:12; 84:17;104:1,8;105:4; 106:17;119:10;120:5, 9 consider (5) 93:15,16;118:4; 125:3;128:15 Construction (6) 22:16,17;30:6;40:8, 20,21 consultant (1) 21:18 contact (8) 39:3;40:7;55:23; 71:10;73:17;82:17, 18,20 contacted (4) 38:4;47:2;87:25; 88:10 contacting (2) 38:15;42:21 contention (1) 80:14 contentious (1) 79:14 context (2) 58:13;66:16 continue (5) 37:20;67:13;71:25; 111:22;118:20 continued (3) 88:6;104:5;111:24 continues (2) 112:5;113:23 continuing (1) 57:15 continuity (1) 43:12 continuous (1) 87:22 contractor (1) 89:20 contractors (2) 117:25;128:23 control (5) 101:8;109:5,11; 110:7;114:1 convenience (1) 16:11 conversation (9) 9:5;34:10;35:7; 38:24;39:11;78:3; 107:20;110:15; 114:13 conveyance (1) 42:10 cooperate (1) 84:14 coordinating (1) 99:5 copies (5) 32:11;33:4;36:11; 81:20;94:22 copy (6) 18:3;32:8;33:6; 76:19,20;114:11 corporation (1) 74:12 correctly (2) 32:4;46:3 correspondence (3) 90:12,24;91:6 cost (11) 30:21;38:19;60:12, 13,16;80:19,20,25; 93:15,16;126:17 Costco (2) 26:9,12 costs (4) 124:23;126:10,22, 25 counsel (31) 6:25;7:8,14;8:8,13; 9:1;14:23;25:25;29:1, 6,14;34:23;35:20; 37:19;43:11;48:1; 58:15,19;65:14;66:4, 24;67:2;83:3,9;84:25; 85:12;111:14;112:14; 114:17;117:22;129:3 counselor (1) 14:20 County (8) 61:11,16;73:11,25; 77:12,16,24;79:10 couple (7) 37:13;45:21;69:2; 83:4;102:2,7;111:6 course (2) 25:21;111:4 court (2) 6:19;7:23 covenants (2) 82:15;107:6 cover (3) 23:19,20;100:21 coverage (2) 93:2,14 COVID (1) 69:13 CPCM (1) 108:11 CPCN (8) 16:1,5,8,10;102:10; 103:16;117:4,10 created (1) 92:20 creates (1) 123:17 creating (1) 6:21 creation (1) 103:20 credentials (1) 91:7 crew (1) 123:25 CROSS (2) 67:8;129:3 cross-communication (1) 29:5 crossed (1) 84:6 curb (7) 89:5,6,13,16;103:5, 8;108:22 cure (1) 113:8 curious (2) 111:1;119:25 current (6) 5:11;56:12;81:13; 88:3;123:13;124:17 currently (8) 41:14;56:14,14,17, 23;57:20;82:8;97:15 customer (50) 5:4,6,14;11:5; 15:19;17:1,4,16; 29:25;31:1,14;32:11; 34:11;36:12,13;37:3; 41:12,13,20;47:2; 58:25;60:7,10,19,19; 62:18,24;63:2,8,13, 14,18,22;64:11,12; 86:25;87:12,17; 88:18;90:13;92:5; 104:23;106:7,16; 115:22;116:4,20,23; 120:18;122:7 customers (63) Min-U-Script®(4) commissioners - customers ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 5:8,10,17,21;10:20; 15:11,12,14;23:18; 27:19;30:14,22,24; 31:11;32:2,8,16; 36:25;37:7,24;38:1; 39:18;40:18;41:8; 42:22;43:24;45:6,8; 46:4,20;52:11,16; 53:11;55:16;57:1,21; 60:2,14,22,23;62:23; 86:1,14;87:6;91:14; 92:7;100:3,6,19; 102:13;105:5;106:11, 25;107:3,12;108:17; 116:8;117:6;118:2; 121:24;127:17;128:9; 130:6 cut (2) 122:6,9 cuz (2) 44:2;57:1 D damage (1) 49:14 date (2) 61:11;87:15 dated (2) 95:5,10 dates (3) 33:19,24;47:24 day (9) 5:22,24;47:3;55:14; 67:24;69:23;71:5; 95:17,17 days (10) 8:16,18;42:19; 45:18;56:1;57:4; 59:25;71:9;130:15,20 deadline (2) 17:9;40:9 dealing (3) 16:24;69:23;71:3 dear (1) 67:25 December (7) 34:3;35:6;41:10,14, 16;70:11;71:2 decertifying (1) 56:4 decide (1) 128:5 decided (3) 104:2;105:13;111:3 decision (7) 6:17;20:4;103:23; 104:5;114:19;115:5; 131:12 decisions (1) 109:9 declared (1) 25:8 declassified (2) 12:13;13:3 deed (2) 114:11,13 deem (1) 19:18 deep (1) 80:24 deeper (1) 117:6 defer (1) 50:3 deficiencies (11) 51:17;54:9;57:14; 75:20;95:5,9,23; 97:22;98:8,9;126:15 deficiency (4) 76:22;83:17;95:16, 18 deficient (1) 69:9 define (1) 120:24 defines (1) 121:2 definition (1) 121:1 degeneration (2) 18:16;69:17 delay (3) 17:16;47:13;73:5 delayed (1) 17:9 deliberate (1) 131:11 delinquency (1) 33:3 delinquent (3) 32:20;34:12;90:14 delivered (2) 71:4;88:8 delve (1) 66:15 demand (5) 44:18;71:6;129:20; 130:1,4 demanding (1) 25:5 denied (7) 38:23;39:6;61:21; 75:23;76:12;77:4; 82:22 Denise (1) 6:20 deny (5) 38:14;61:7,22;62:4, 7 denying (4) 37:6,25;61:4;79:19 Department (12) 48:13,18;49:4,8,13, 25;50:11;52:5,7;57:6; 78:18;86:24 depending (1) 9:11 depressurization (5) 76:17,18;82:3;96:1; 128:23 depressurized (1) 108:15 depths (2) 42:23,25 Deputy (1) 7:2 DEQ (35) 51:23;52:12,23; 53:13,15;54:14,25; 55:21;56:11;58:3,8; 59:7,11,20;71:3; 76:20,24;81:14; 83:17,20,22;84:12; 86:24;88:14;98:18, 24;99:6;112:16; 114:1,5,9,11;126:10, 23;129:17 describe (5) 11:15;12:8;23:13, 14,15 describes (1) 5:12 describing (1) 52:4 designated (1) 76:7 designed (1) 73:18 desires (1) 37:3 desist (1) 5:7 detailed (1) 104:25 details (1) 53:4 determination (1) 129:14 determine (1) 93:17 determined (2) 8:1;89:15 determines (2) 64:16;74:7 develop (1) 111:3 developed (1) 68:15 developers (4) 73:18;92:21;111:6, 18 developing (1) 92:21 development (2) 105:25;111:5 developments (1) 86:23 devices (1) 44:16 diagnosed (2) 69:13,16 dictate (1) 118:16 difference (2) 35:8;45:4 different (10) 12:10;23:6;24:13; 29:15;33:22;59:4; 74:8;105:12;107:14; 127:15 difficult (7) 23:17;36:12;67:14; 75:18;86:8;93:11; 108:21 dig (8) 30:7,11;39:6;40:21; 42:16,19;48:24; 111:10 digressed (1) 90:24 diligent (1) 93:7 DIRECT (1) 10:8 directed (1) 58:18 directing (1) 83:17 directives (2) 66:20;67:15 director (2) 21:16,17 directors (3) 24:19;92:17;108:6 disagrees (1) 81:14 disallowance (2) 86:9,12 disallowed (1) 113:8 disapproval (28) 53:13,16;54:8,14; 55:1,9,12,16;56:6,15, 19;57:11;59:8,12,13; 76:22;81:23;94:19, 19;96:6,18;98:10,15; 99:1,12;112:24; 114:1;129:18 disapprovals (1) 99:21 disapproved (3) 59:23;82:6;112:16 disclaim (1) 115:6 disclaimer (2) 114:21;126:7 disconnect (2) 28:2;30:6 disconnected (2) 30:24;31:2 disconnecting (1) 30:22 disconnects (1) 128:22 discovers (1) 122:7 discrepancies (1) 36:16 discuss (1) 95:16 discussed (9) 38:18,19;61:19; 64:9;69:9;75:18; 76:25;114:13;118:3 Discussion (3) 38:10;116:13;125:7 discussions (1) 120:7 dispersed (1) 114:15 disputed (2) 112:7,19 disqualified (1) 83:24 dissipate (1) 90:22 distance (1) 124:3 distribution (3) 50:17,24;51:3 district (5) 103:21;107:21; 108:5,25;116:15 districts (1) 116:24 diversified (1) 75:10 dividing (1) 76:1 Division (5) 12:22,23;55:22; 101:3;108:7 divisions (1) 96:15 doctors (1) 71:16 document (3) 6:23;23:13;100:23 documentation (2) 5:9;102:6 dollars (2) 118:9;126:17 domestic (4) 74:19;75:2;110:4; 111:8 done (13) 26:14;27:14;41:5; 49:19;56:2,10;69:2; 83:1;87:7;125:1,8; 126:18;130:12 Dorothy (4) 7:8;9:16;23:3; 128:24 doubt (1) Min-U-Script®(5) cut - doubt ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 112:25 down (21) 10:24;27:3;40:14, 24;42:6,16;45:22; 51:9,12;53:3;64:4,7; 69:22;72:23;84:20; 114:25;122:9;125:7; 128:9,10,11 drained (1) 44:5 drill (8) 60:8,10,21;61:1; 78:10,16,20;79:20 drilled (1) 111:4 driller (1) 80:7 Drillers (1) 41:23 Drilling (9) 22:10;24:22;38:22; 60:13;78:2,22;79:6, 11;107:13 Drinking (2) 100:24;101:10 driving (1) 27:3 dry (1) 77:23 due (8) 39:24;47:9,11; 68:14;70:6;75:14; 77:21;84:2 dug (1) 89:5 duly (2) 9:25;14:17 during (8) 27:22;29:19;32:17; 40:15;50:12;67:25; 69:20;111:4 duty (3) 5:25;6:4;86:14 E earlier (7) 31:16;32:23;62:16; 107:16;115:13,22; 116:5 east (1) 44:17 easy (1) 129:10 effect (1) 34:4 efforts (3) 83:14,16;86:15 eight (2) 71:18;91:10 either (7) 7:14;39:8;40:7; 46:13;73:5;74:18; 100:25 elaborate (1) 100:16 elderly (1) 100:10 election (1) 108:6 electrical (1) 15:21 element (1) 91:2 elements (1) 111:23 else (6) 69:7;92:24;101:21; 110:16;124:13;131:5 em (4) 27:13;62:7;108:7; 115:17 emergency (3) 5:13;67:21;123:19 employees (2) 6:2;20:4 encourage (2) 94:11;101:10 end (10) 12:2;35:21;41:16; 68:4,9,10;69:11;71:1; 76:10;126:15 endangered (1) 100:5 endeavor (1) 80:17 ended (2) 21:23;69:14 ending (1) 18:10 enforce (2) 82:14;128:7 engineer (2) 55:19,21 enough (3) 4:4,8;105:11 ensure (3) 86:14,15;128:24 ensuring (1) 99:3 enter (2) 113:11;122:10 entered (1) 8:7 entire (1) 34:18 entitled (1) 63:22 entity (6) 74:10;92:12,12,14; 93:24;110:5 Environmental (12) 48:14,18;49:4,9,14, 25;50:11;52:5,8;57:7; 86:25;101:3 EPA (1) 90:23 equation (1) 93:16 equipment (2) 25:11,14 Eric (1) 6:5 error (1) 87:23 essentially (1) 45:10 established (1) 110:22 Estates (6) 12:18,19,22,22; 40:5;53:19 estimate (1) 45:3 estimated (1) 40:24 et (6) 47:12;77:22;84:5; 88:9;89:10;123:1 even (6) 42:24;67:14;84:9; 88:6;110:20;111:13 event (2) 76:18;96:1 events (1) 66:13 eventually (1) 71:20 everybody (3) 4:4,8;70:24 everyone (1) 101:15 everywhere (1) 93:6 evidence (3) 6:17;8:23,25 exact (4) 36:11;39:24;56:10; 66:12 exactly (2) 53:4;91:22 examination (4) 9:16;10:8;58:23; 67:8 examined (1) 10:1 example (7) 41:2;75:25;87:12, 16;88:17;95:8;102:22 excess (2) 5:8;28:3 excluded (1) 39:2 excluding (1) 12:23 Excuse (17) 14:12;21:25;23:14, 21;28:25;36:7;47:25; 55:20;58:19;62:3; 63:16;66:5,9;80:8; 84:3;96:10;130:3 Exhibit (2) 36:14;95:8 Exhibits (7) 8:4,6,11,12,24; 53:12;94:20 Exhibit's (1) 8:22 existence (2) 31:1;103:20 expected (1) 59:18 expenditures (1) 118:15 expense (1) 26:14 expenses (11) 22:25;23:3;24:8,10, 21;25:7,10,23;26:8, 22;27:8 expensive (1) 80:17 expertise (1) 24:18 explain (16) 23:6;24:13;25:13; 26:11,25;27:10;31:4; 32:13;47:19;51:10; 59:15;60:20;61:2; 69:4;78:3;104:25 explained (3) 75:4,5;78:14 explanation (4) 66:9,10,10;100:22 exposed (1) 67:22 expressly (1) 35:25 extend (1) 85:14 extending (2) 38:19,23 extensions (1) 107:14 extremely (1) 80:17 eyes (5) 18:17,18;37:10; 69:17,19 eyesight (3) 70:6;83:20;84:2 F face (2) 5:25;77:8 facilitate (1) 41:3 facing (1) 77:22 fact (11) 40:3;42:9;66:13; 77:12;78:24;89:2,5; 93:19;105:1;108:13; 114:14 facts (2) 6:16;102:5 fail (1) 54:13 failure (8) 4:21;54:8,14,19,20, 24;95:4,9 fair (1) 93:18 Fales (3) 52:23;53:3,7 familiar (1) 94:25 family (1) 64:17 far (9) 50:25;69:15;73:8; 81:18;96:5;106:11; 108:7;121:12;123:7 father (4) 111:19,21;112:6; 124:8 Father's (2) 47:3;111:25 faucet (1) 117:15 fault (1) 85:22 favor (1) 114:21 fax (1) 25:17 feasible (2) 75:15;124:18 February (3) 17:8;19:7;33:14 fee (6) 29:23;31:17;36:1; 110:17,18;119:23 feel (1) 95:20 feelers (1) 125:13 fees (9) 23:22;27:19;32:1,2; 36:4,8;88:12;103:17; 112:10 Feisthamel (1) 55:20 fell (1) 67:18 fetched (1) 69:15 few (10) 8:18;12:6;17:20; 85:7;87:9;88:10; 89:25;90:6;108:16; 111:6 fiber (1) 62:12 Min-U-Script®(6) down - fiber ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 figured (1) 33:5 file (3) 70:16;115:6;124:24 filed (6) 8:14;114:21; 122:20,22;123:1; 125:4 files (1) 18:3 filings (3) 66:10;105:10; 107:12 filling (1) 84:5 filtration (1) 52:18 final (3) 6:17;131:7,12 finally (1) 84:14 financed (2) 25:11,15 financial (4) 16:24;19:22;64:5; 84:15 financially (1) 86:4 financials (1) 72:25 find (14) 18:22,23;39:3; 59:15,23;61:16; 64:11;70:6;72:10; 76:8,9;124:13;126:4; 130:16 finds (1) 131:5 fine (4) 71:24;79:3;83:20; 84:7 finishes (1) 72:15 first (16) 4:17;8:3;9:25;11:3; 14:11,14;17:22; 40:19;68:21;69:18, 18;76:6,11;82:1;92:8; 102:9 Fiscal (1) 4:23 five (9) 63:4,5;68:6;96:8, 25;102:24;104:3,7; 119:9 five-minute (1) 65:18 fix (1) 57:14 fixing (1) 48:25 flip (1) 123:23 flippancy (1) 114:25 flippant (1) 70:12 focused (1) 47:23 folks (2) 76:15;111:23 follow (4) 10:24;36:15;56:11; 64:1 followed (1) 128:24 following (8) 26:10;33:20;34:4, 12;49:12;53:16; 59:19;98:17 follows (1) 10:1 followup (7) 12:6;15:9;18:4; 36:16;63:15,20;119:6 foot (3) 68:14;71:15,19 footage (1) 80:20 forbid (1) 113:10 forgive (2) 95:6;116:17 form (4) 33:15;107:24; 129:14;130:22 format (2) 67:1;127:15 formulated (1) 76:14 forth (1) 91:6 forward (6) 86:11;87:5;88:4; 91:12;97:15;124:12 found (3) 44:14;70:10;127:20 four (4) 18:17;69:19;76:1; 102:23 fracture (1) 71:19 frankly (3) 125:9,13,15 free (1) 68:9 freeze (2) 44:4;118:20 freezing (1) 118:1 Fremont (7) 61:11,15;73:11,25; 77:12,23;79:10 frequently (1) 114:23 Friday (1) 98:21 friend (1) 68:1 front (1) 37:4 frozen (1) 117:3 full (2) 115:17,17 full-blown (1) 105:3 full-time (1) 92:8 fully (4) 42:7;84:14;102:9; 131:9 funds (2) 23:19,19 furnish (1) 36:21 Further (7) 34:10;65:10;69:12; 92:11;98:19;101:20; 130:25 future (3) 58:3,7;94:17 G gain (1) 109:17 game (1) 114:23 gas (4) 103:21,25;110:12; 112:22 gave (2) 81:19;111:19 general (5) 7:1,3;17:23;24:1; 85:16 generally (3) 12:8;24:3;32:6 generate (1) 42:4 generated (1) 95:13 generous (1) 25:4 gentleman (3) 39:15;42:11;47:14 geographic (3) 37:1,24;38:1 gets (1) 40:20 given (4) 16:12;44:1;66:18; 107:23 giving (5) 29:3;34:7;109:10; 119:2;123:4 glad (1) 12:25 gladly (1) 84:20 glass (1) 71:13 goes (2) 88:25;97:25 gonna (10) 9:8;48:16;66:22; 69:1;85:1;97:25; 115:6;119:3;125:6; 126:6 Good (9) 4:3,10,18;10:10; 13:20;81:12;119:2; 123:18;127:24 goodness (1) 109:13 goods (3) 25:14;26:11,25 Googled (1) 91:1 Goose (2) 12:17;53:19 govern (1) 107:6 government (1) 99:11 gracious (1) 102:3 grandson (2) 21:12;22:3 gravity (1) 29:2 great (1) 65:9 ground (2) 117:3;118:17 guess (8) 67:6;83:15;86:19; 106:6;107:18;115:20; 123:9;124:11 guessing (2) 39:23;41:1 guidance (1) 18:23 guys (1) 116:5 H H2S (1) 90:21 habit (1) 111:25 habitable (1) 64:24 half (2) 4:12;106:1 Hammond (64) 6:7;16:8,10,15; 85:3,4;89:24;90:2,8; 91:15,18,22,25;92:4, 11,16,23;93:1,9,13, 22;94:1,5,10,15,18, 24;95:3,19;96:5,10, 14,18,21,24;97:3,8, 12;98:6;99:9,17; 100:14,25;101:7,16, 19,23;119:5,7,14,20; 120:14,21;121:7,14, 17,22;122:12,17; 123:3;124:9,19; 125:19;130:14 Hammond's (1) 102:3 happen (4) 86:24;113:3; 128:19,25 happened (4) 44:8;89:10;91:10; 128:21 happening (2) 51:11;69:6 happens (3) 85:23;88:21;123:24 happy (5) 28:23;64:4,6,10; 108:3 hard (2) 27:3;116:2 harmful (1) 90:21 harness (1) 72:18 hate (1) 14:3 hazard (1) 100:9 head (2) 123:12;128:3 heads (1) 68:25 heal (1) 71:20 healing (1) 71:16 health (1) 100:9 healthy (1) 86:4 hear (7) 4:5;14:22;16:3; 26:3;48:2;70:8;116:1 heard (5) 44:8;67:10;69:8; 72:22;107:16 Hearing (16) 4:15,17,19,24;6:11; 8:14,15,17,19;14:8; 26:1;116:2;130:16; 131:8,13,16 hearings (1) 6:20 hearsay (1) 99:23 heart (1) Min-U-Script®(7) figured - heart ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 109:13 heater (1) 91:3 heavy (1) 48:25 Hecht (1) 34:11 held (3) 6:12;10:17;114:10 Hello (1) 66:1 help (7) 27:4;52:18;68:3; 86:4;87:6;99:6; 111:14 helped (1) 68:1 helping (2) 21:21;68:5 helps (1) 85:16 hematoma (1) 68:15 Henry's (1) 112:22 high (2) 62:12;116:24 higher (1) 45:13 highlighted (1) 75:24 high-speed (4) 61:6,24;62:6,10 hill (1) 80:24 hip (1) 68:16 hire (1) 30:10 hired (3) 22:18;83:18;88:19 Historically (1) 34:6 history (3) 66:16;79:9;90:1 HOA (1) 82:9 HOAs (1) 82:11 Hobby (2) 27:8,11 hold (1) 14:5 Holden-McCarty (7) 20:24,25;21:2,5,8; 24:12;93:3 holidays (2) 47:12;70:24 home (1) 120:4 homeowner (1) 110:6 homeowners (7) 61:20;77:22; 107:23,24;108:4; 109:7;111:7 Honor (1) 66:5 hook (1) 79:13 hookup (5) 103:5,6;105:16; 106:8,14 hook-up (1) 31:17 hookups (4) 102:24;103:16; 106:13;107:1 hope (3) 116:12;118:12; 121:22 hopefully (1) 11:1 hoping (1) 13:3 hospital (1) 69:14 hospitalized (1) 69:13 hour (1) 4:12 hours (8) 27:23,24;29:20,21; 41:1;45:18;69:23; 130:7 house (5) 64:17,22;71:4; 87:25;105:19 houses (2) 97:24;105:1 hung (1) 71:1 hurt (1) 86:18 husband (3) 20:8;21:2;93:7 hydrant (6) 42:15,17,17;89:13; 90:22;105:21 I Idaho (8) 4:22;5:23;6:1; 48:13;50:10;78:15, 17;80:9 IDAPA (4) 53:13;54:9,16,18 idea (2) 13:21;111:19 ideally (1) 8:16 identified (4) 48:14,17;94:7; 95:23 identify (2) 7:23;71:13 identifying (1) 50:11 illegal (2) 122:15;123:2 imbalance (1) 68:15 immediately (18) 5:1,4,5,7,11,16,20; 33:14;45:15;71:7; 87:2;95:17;123:20, 23;125:12;127:22; 130:7,10 important (3) 54:19;85:16;86:1 impossible (2) 67:14;108:23 improperly (2) 44:3,3 improve (2) 109:10;118:15 improvements (3) 109:6;113:7;126:11 inability (1) 97:23 incident (3) 51:23;78:1;122:21 include (2) 7:24;130:24 included (5) 33:11;35:17;52:22; 53:6,7 includes (1) 66:11 including (2) 5:6;31:25 inclusive (1) 25:7 income (2) 110:25;113:25 incomplete (1) 6:3 increase (1) 34:1 incurred (2) 24:4,8 indicate (1) 50:23 indicated (1) 102:23 indicates (2) 34:13;42:8 indication (1) 15:19 individual (13) 11:22;13:10;15:12, 14;26:17,19;82:19; 92:18;103:17;104:3, 15;105:16,19 individuals (3) 39:8;74:9;92:14 inevitably (1) 101:12 infiltration (1) 53:10 inform (2) 100:2,19 information (21) 5:6;12:6;13:25; 17:16;19:1;53:1; 59:20;60:9;62:19; 64:1,2,6;70:20;96:2; 97:9;105:1,7;108:8; 120:22,23;130:22 informed (4) 33:25;57:13;69:21; 86:23 infrastructure (1) 128:17 inhabitable (2) 106:22;107:8 initially (2) 17:15;32:12 injections (2) 18:17;69:19 injured (2) 67:18;86:18 in-laws (1) 105:14 input (2) 13:13;109:22 inquiries (1) 99:10 inquiry (5) 60:20;66:7;68:25; 70:7;78:13 insanity (1) 125:18 install (4) 61:5;62:5,9;89:13 installed (12) 13:6;15:3,5,7,11; 61:10,12,24;62:1; 74:1;89:7;115:15 instance (3) 52:1;76:5;128:9 instituted (1) 124:22 instruments (1) 106:10 insufficient (1) 124:23 insulate (1) 117:25 insulating (1) 118:4 insurance (17) 20:14,15,25;21:3,6, 7,8,9;24:11,12,12,14, 16,19;93:2,2,4 insure (1) 93:12 intended (2) 29:2;73:15 intent (3) 18:22;21:19;73:5 interactions (1) 29:2 interconnected (3) 94:4;109:20,25 interest (7) 5:23;19:10,12,13; 31:6;125:1,22 interested (3) 21:20;108:8;124:18 interface (2) 94:13,16 interim (2) 6:23;45:6 interior (1) 71:19 intermittently (1) 44:15 internet (4) 61:6,24;62:6,10 interrupt (3) 43:3;47:21;48:3 interrupting (1) 57:19 interruption (8) 41:18,19;43:7,9,14; 46:5,19,25 interruptions (5) 5:14,18;39:17; 40:18;41:9 into (20) 8:7,23,25;26:5; 33:7;34:4;35:15; 38:21;66:15;73:20; 74:1;76:1,6;82:19; 91:3;95:12;98:1; 107:20;114:5;126:16 introduce (1) 7:17 introduction (1) 102:4 Intuit (1) 17:24 investigate (1) 36:15 investigation (1) 62:19 investigations (1) 99:10 invoice (1) 33:12 involved (7) 22:10;85:15;92:13, 24;120:1;124:7,10 involving (1) 79:7 irrigation (1) 74:20 I's (1) 84:6 ISLAND (44) 4:1,21;7:6,9;8:4; 10:12,15;15:24;16:6; 20:3,9;21:5;30:25; Min-U-Script®(8) heater - ISLAND ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 32:17;33:21;39:18; 43:17;47:7;51:18; 54:8;55:8;72:14; 74:10,16,18,21;77:25; 79:5,8,11,23;82:8; 85:12;92:12;110:2, 17;113:23;114:6,7; 120:3;124:5;126:21; 127:8;128:17 ISL-W-23-01 (1) 4:20 issue (5) 79:14;107:7,10; 129:20;131:12 issued (3) 6:9;51:21;59:8 issues (11) 56:18,20;77:22; 83:23;86:1,22;98:7; 99:12;101:11;112:20; 129:18 issuing (3) 77:16,25;131:7 J January (11) 17:10;35:6;44:12; 45:11;70:23;71:5,9, 15;95:5,10,23 Jason (3) 52:23;53:3;84:4 job (2) 65:9;89:10 Joe (6) 18:21;68:20;70:2, 15,18;71:8 joined (2) 6:6;7:8 Jon (1) 90:12 Joseph (1) 7:18 July (4) 10:19;47:9;68:4,10 June (10) 33:19;34:7,9;35:19; 47:2;67:13,17,18; 68:10;126:16 jurisdiction (1) 86:2 jurisdictional (1) 101:9 Justin (2) 22:1,3 K Kansas (1) 83:19 keep (12) 14:7;33:4,6;44:19; 66:25;69:22;71:17; 86:22;88:3;108:15; 113:24;124:20 keeping (2) 11:12,21 Kelli (2) 40:7;47:7 Kelsey (6) 48:22;53:3;55:13; 59:15;60:3;84:4 Kickapoo (2) 40:1;53:23 kids (1) 106:12 kind (4) 66:21;73:3;83:12; 122:8 kinds (1) 27:14 knew (2) 42:15;47:12 knowledge (14) 16:20;22:9;30:25; 31:13;36:5;45:8; 60:15;61:2,16,18; 62:8;78:19;105:24; 122:24 known (1) 51:10 Kruck (7) 90:13,18,25;91:23; 104:18,21,24 L lack (2) 98:16;117:7 Lake (1) 112:22 Lane (2) 40:2;54:3 language (4) 55:15;74:19;99:5; 100:20 large (2) 68:16;105:11 last (18) 7:25;11:17;15:6; 20:21;21:1;41:25; 67:13;81:19,20,21; 87:11;90:1;97:20; 122:24;125:17,20; 128:1;129:15 late (9) 4:12;5:24;6:4; 32:24;47:2;66:9;82:3; 88:11;114:24 later (7) 34:11;51:12;61:11; 69:15;71:9;111:3; 118:17 latest (1) 129:18 laundry (2) 105:2,3 law (2) 78:15;128:6 leak (9) 47:4;50:16;51:1,11, 11;115:16,18;116:7,8 leaks (1) 51:13 leases (1) 74:18 least (1) 43:13 leave (2) 101:17;126:5 lecture (1) 123:8 left (7) 6:7;67:18;68:16; 85:24,24;86:10;88:8 leg (2) 67:18,22 legal (2) 114:19;115:7 length (2) 40:17;43:9 lenient (2) 102:4;118:22 less (2) 14:9;106:1 lets (1) 66:25 letter (22) 33:1,7,15;52:22; 53:6,8,9;54:11;60:1; 71:4;95:5,6,10,13,24; 100:21;101:12; 104:14,22,22,23; 114:2 letters (11) 32:16,21;57:1; 94:20;95:1,4;96:19; 98:10,15,21;99:12 letting (1) 26:4 levity (1) 71:25 liability (2) 24:16,19 license (2) 74:5,6 licensed (1) 80:7 licked (1) 68:7 life (2) 66:13;115:15 limitations (1) 88:16 limited (1) 75:2 limits (1) 79:17 Lincoln (1) 80:12 line (29) 30:7;37:4;38:23; 39:25;40:4,12,22; 44:4;47:20;48:3,12, 14,20;49:5;50:12; 51:5,7;63:18;64:23; 79:21;88:19;89:4,8, 12,18;107:14;117:24; 120:5;122:8 lines (15) 22:22;40:5;49:10; 50:1;61:9,9,12,17,24; 89:21;103:12;117:3, 6;118:1,3 list (5) 11:5;17:1,4;62:23; 63:7 listed (2) 16:1,5 listing (1) 12:1 little (9) 4:8,16;47:22;62:13; 71:25;78:25;80:25; 86:10;127:1 live (3) 32:16;90:19;92:7 lives (1) 116:24 living (1) 108:17 load (1) 72:21 loan (1) 23:16 loans (6) 23:9,11,20;125:16, 21,22 Lobby (2) 27:8,11 local (1) 55:19 locate (4) 40:22;42:16;47:8; 48:24 located (1) 90:20 location (8) 50:25;61:9;66:18; 75:14;76:8,9;81:14; 103:12 lock (2) 122:5,20 locks (1) 122:9 Lodge (7) 6:8;38:8;101:24,25; 103:19,25;119:9 log (5) 5:5;11:9,13,19,21 long (7) 7:11;10:17;20:4; 46:25;80:14;121:10; 129:20 longer (4) 20:11;21:16,20,21 look (10) 15:4;19:4;23:23; 24:9;26:16,17;33:15; 38:21;53:9;79:18 looked (4) 38:16;89:25;116:7; 124:17 looking (3) 39:2;93:7,14 looks (2) 38:9;131:3 loosely (1) 97:4 loss (4) 51:10,22,23,25 lost (1) 126:18 lot (18) 13:25;32:22;38:15, 17;39:1,3;62:1;64:18; 74:3;79:22;97:23; 105:9,23;106:1,18,22; 107:4;116:18 lots (8) 63:10;64:19;79:16; 105:10,23;107:6,8; 111:6 loud (3) 4:4,7;65:23 louder (1) 26:5 love (1) 89:10 lower (2) 42:6;50:20 lowest (1) 93:20 M ma'am (3) 30:18;39:22;49:21 Mac (2) 26:23;27:1 machine (1) 25:17 macular (2) 18:16;69:16 magnifying (1) 71:13 mailed (2) 53:7;87:25 main (4) 38:17;64:23; 117:24,25 maintain (4) 11:11;20:15;51:3; 69:19 maintaining (2) Min-U-Script®(9) ISL-W-23-01 - maintaining ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 11:18;22:8 maintains (1) 13:14 maintenance (3) 5:20;27:3;76:23 makes (2) 60:20;114:4 making (5) 78:13;109:9;118:2; 123:17;127:20 Management (7) 19:24,25;20:2; 21:20;23:1;24:6,7 manner (1) 56:9 manual (1) 76:23 many (19) 10:20;12:25;38:20; 39:20;63:17;64:11; 67:1;77:21;86:1;88:2; 95:3;102:13,17; 105:10;107:1;115:15, 15;129:10,10 map (1) 84:16 maps (1) 84:19 MARCH (4) 4:1;6:10;32:22; 34:12 marked (1) 94:20 Marvin (1) 7:7 materials (1) 27:13 math (1) 64:8 Matter (4) 4:20;6:23;86:25; 126:17 matters (6) 67:21;96:7;97:5; 98:11,12;127:16 may (18) 9:9;13:23;26:13; 32:13;33:19;34:7,9; 35:19;37:20;49:16; 54:22;58:19;66:22; 80:25;108:19;109:22; 115:11;127:21 maybe (9) 43:13;67:14;87:12; 105:14,14;110:9; 111:14,19;125:2 McCarty (136) 7:8;8:18;9:16,17, 22;10:10,11;14:1,9; 19:23,25;20:1,7,9; 21:11,14;22:2,3;23:1, 4;24:6,7;29:18;37:22; 48:1;50:14;52:20; 58:17,18;60:6;65:24; 67:10;71:21;81:4; 83:13;87:14;89:25; 90:3,10;91:17,20,23; 92:3,6,15,19,25;93:5, 11,19,25;94:4,8,14, 17,23;95:2,11;96:9, 13,16,20,23;97:1,7, 11,19;98:5;99:19; 101:6,14,18;102:9,11, 15,19;103:1,7,11,19; 104:11,17,24;105:18; 106:15;107:2,17,22; 108:13,23;109:4,15, 21;110:3,18,21;111:2, 21;112:15,17,21,25; 113:4,10;114:10; 116:20,22;117:8,12, 18,23;118:11,23; 119:13,19;120:1,20; 121:6,12,16,21;122:5, 14,22;123:15;124:14; 125:9,23;126:9,25; 127:8;128:8;129:24; 130:2,5,10 McCarty's (1) 111:18 mean (22) 18:25;33:5;45:22; 46:7;51:12;58:13; 64:8;71:8;73:10; 74:13;80:18;81:24; 82:23;90:19;100:3; 106:8;113:4;114:22; 118:20;125:18; 126:23;128:25 meaning (1) 131:9 means (6) 28:1;29:25;30:5; 41:17;44:8;58:24 meant (2) 130:1,1 measure (1) 129:13 measures (1) 128:18 mechanism (1) 116:10 medical (2) 66:11;67:12 meet (5) 5:16;12:14;72:20; 78:16;79:16 meeting (3) 14:8;61:8;95:13 meetings (1) 114:10 members (1) 74:13 memory (1) 11:19 Mental (1) 80:9 mentioned (8) 30:21;48:12;93:1, 23;119:7;121:8; 122:1;123:5 message (1) 39:10 met (4) 55:13;75:17,23; 86:16 meter (1) 13:6 metering (2) 13:8;14:23 meters (7) 13:10,16;15:3,7,11, 12,14 methodology (1) 56:11 mic (2) 38:6;101:20 Micki (1) 94:8 microphone (5) 15:1;26:5;65:22,25; 67:7 Mid (2) 97:19,20 middle (1) 41:10 might (10) 38:21,22;60:13,13; 63:15,25;67:4;77:7; 81:1;114:14 miles (3) 120:6;123:5,16 Miller (1) 94:12 million (1) 100:10 millions (3) 118:8,8,9 mind (4) 47:23;57:18;107:3; 129:16 mine (1) 38:8 minimum (1) 69:22 minute (2) 82:25;130:5 minutes (6) 37:13;45:22;83:4,6, 6;98:22 misconstrued (1) 78:8 missed (3) 7:15;8:2;84:1 mobility (1) 67:20 moistens (1) 37:9 moment (3) 117:19;119:4;126:2 money (2) 23:17;111:8 monies (1) 25:6 month (4) 31:7;34:18;46:20; 109:1 monthly (4) 19:10,12;34:15,20 months (6) 34:3,8;35:16;51:12; 71:18;91:10 more (20) 13:25;21:24;42:19; 44:19;46:11,11; 47:22;55:23;57:2; 63:25;64:4;71:18; 81:1;102:4;103:16, 16;108:2;112:2; 120:18;128:12 morning (4) 4:3,18;10:10;124:2 Most (5) 14:24;15:3;46:7; 51:13;97:16 mostly (1) 43:6 mount (1) 77:8 move (3) 85:25;86:10;91:12 moved (4) 61:11,12,13,17 moving (1) 63:6 MRI (1) 71:18 Mrs (4) 10:4;75:8;126:25; 127:8 much (12) 4:11;9:13;10:3; 14:19;29:4;35:15; 45:3;46:9;48:7;74:7; 101:23;130:18 MULTIPLE (1) 4:6 myself (1) 102:4 N name (9) 6:5;7:21,25,25; 14:11,14;21:1;55:20; 94:7 names (1) 87:16 narrative (1) 12:4 near (1) 38:17 Nebraska (2) 80:8,9 necessary (2) 11:20;19:18 necessity (1) 16:11 need (24) 9:18;11:21;23:16, 19;29:3;52:24;56:21; 63:25;69:22;72:1; 86:20;87:5;98:11; 115:5;118:14,19; 123:12;124:12,13; 125:1;126:15;128:1, 5;130:18 needed (1) 49:19 needing (1) 85:25 needs (8) 20:5;55:15;59:19; 86:16;98:14;125:11; 126:12;131:6 neglected (1) 7:17 negotiated (1) 88:12 negotiation (1) 120:2 neighbor (1) 42:14 Neither (1) 39:14 Nelson (1) 84:21 networked (1) 124:4 new (9) 30:17,19;34:3;68:8; 72:10,13,18;104:6; 120:2 newsletter (1) 52:17 next (6) 11:24;16:23;19:20; 32:6;71:5;76:8 nice (1) 99:7 night (5) 71:5;81:19,21;90:1; 124:1 nightly (1) 77:13 nine (1) 6:11 Nobody (4) 40:2;86:17;108:7; 125:25 None (1) 129:9 nonprofit (3) 74:12;92:12,14 non-recurring (1) Min-U-Script®(10) maintains - non-recurring ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 27:19 Nope (1) 84:10 nor (3) 18:19;31:14;61:22 normal (2) 27:24;29:21 normally (2) 44:6;106:21 north (3) 12:17;24:11;54:1 notice (14) 39:9;40:23;48:19; 49:5,9;53:15;57:22, 25;58:4,8;90:16; 105:10;112:24; 129:21 noticed (1) 45:23 notices (22) 52:4,7,11,24,25; 53:5,13;54:8,14;55:1, 12;56:15;57:11;59:8, 12,13;60:1;83:17; 84:5;86:9;94:19;96:6 notice-type (1) 84:1 noticing (1) 45:4 notification (7) 5:12;51:22;54:15, 20,25;71:2;82:5 notifications (5) 5:15;56:1;99:2,4,7 notified (1) 120:6 notify (3) 32:19;87:19,20 November (7) 33:24,24;34:3; 69:11,14,18;72:8 Nowak (1) 6:20 Number (31) 4:20;5:1,5,6,10,15, 21,25;11:4,5,25,25; 15:18,21;16:5;17:3,6, 12,19;18:8;19:3,21; 27:17,17;32:7;36:14; 109:19;113:16,24; 120:13;121:9 numbered (1) 8:12 Numbers (4) 5:3;17:1;39:24; 84:19 O oath (2) 13:18;14:7 objection (2) 9:5;60:25 objections (1) 8:5 obligation (1) 5:16 obscured (1) 17:15 observed (3) 44:23;47:3;51:2 obviously (1) 93:14 occasions (1) 106:16 occupancy (1) 77:17 occurred (1) 39:18 o'clock (1) 124:1 October (8) 12:21;48:15;49:22; 50:12;68:20;97:18, 19,20 off (25) 29:25;30:2,4,7; 32:17;34:20;37:22; 38:10;40:20;42:12, 20,20;44:20;70:7; 77:24;102:8;108:18, 21;111:6;115:17; 116:4;122:6,9,25; 123:1 office (2) 55:22;70:23 officers (3) 6:2;61:20;92:17 official (2) 6:21;7:22 often (2) 88:21;120:5 oil (1) 27:13 okay/absent (1) 81:22 old (3) 40:11;118:14,16 Once (11) 44:24;50:7;51:8,16; 60:2;80:21;86:7,8; 91:18,25;101:11 one (63) 8:3;12:12,25;15:5; 16:12;17:22;26:9; 34:17;38:14;39:10; 41:2;42:22;43:1,24; 47:1;48:17;49:12; 50:17,20,25;51:20; 61:13;62:2;63:21,22; 69:2;77:1,24;79:9,14; 80:2;81:19,21;82:10, 13,15;87:14;88:17; 89:23;90:11;92:15, 16;93:6;100:25; 102:17,22;103:5,10, 17;106:7,15,22; 107:4;110:5,5; 112:15;114:24; 116:24;121:2;125:19; 126:2;127:25;129:15 ones (6) 15:5;23:8;57:13; 62:3;76:7;119:18 ongoing (2) 59:18;97:14 online (1) 62:23 only (22) 21:18;34:17;40:13; 41:13;42:14;46:12; 57:12;77:24;80:16; 85:25;92:13,15,16; 105:18,24;107:4; 109:1;111:25;115:2; 116:25;117:14; 119:18 onset (1) 60:23 oops (1) 70:9 open (5) 41:15;43:19;90:22; 98:2;99:10 opened (1) 41:25 open-ended (1) 73:4 opening (1) 66:6 operate (1) 94:3 operating (1) 124:12 operation (1) 76:23 Operational (4) 23:12;42:7,7; 108:14 operator (1) 10:12 opinion (3) 113:2;118:21;123:6 opportunity (9) 4:25;6:13;8:15; 35:21;36:15;85:9,11; 86:3;109:11 optics (1) 62:12 option (3) 38:18,22;78:22 options (2) 60:21;108:2 order (10) 6:10,12;37:16; 57:16;62:16;65:21; 75:11;76:14;86:4; 131:7 orders (1) 49:13 original (1) 111:18 originally (2) 61:10;80:9 Others (4) 23:9;51:19;82:11; 118:22 out (69) 17:5;18:21;25:4; 32:15,16,21,21;33:1, 7;39:4;40:15,22;42:9, 11;43:22;44:7,15,21; 45:9,25;48:3,22; 50:15;51:6;52:2,23, 25;53:8;55:15,22; 56:1;57:1;59:16,23; 61:15,16;64:11;65:5; 68:4,6;70:19,20,23; 82:5;84:5,8,9,10,16; 87:24;88:7,8,20; 90:13;91:11;95:17; 98:21;99:3,7;101:8; 109:12;114:15; 117:15;124:6,14; 125:13,15;126:5; 127:20 outlandish (1) 80:20 outside (3) 14:20;57:11;88:15 outsource (2) 20:5;22:7 over (28) 10:5;21:20;27:12; 30:6,11;33:13,23; 40:8;42:16;47:9; 52:23;55:14;76:6; 79:21;81:7;84:4; 85:18;99:24;101:9; 107:25;108:7;109:14; 110:7;114:1;123:12, 22;124:5,15 overall (1) 112:11 overcharged (1) 5:10 overcome (1) 129:11 overnight (3) 69:25;71:8;77:13 overnighted (1) 70:2 oversight (1) 110:11 overview (2) 66:21;112:12 overwhelmed (1) 71:23 owe (2) 33:3,5 owed (3) 25:6;32:20;125:15 own (22) 16:21;21:2;38:21; 60:8,11,24;78:10,20, 22;79:20;80:7,18; 88:23;89:1;93:23,24, 25;107:13;109:8; 118:3;123:6,11 owned (2) 47:14;109:25 owner (6) 10:12;78:15; 103:24;104:6;116:15; 128:17 owners (3) 74:3;111:2;120:8 ownership (4) 108:6;113:23; 114:12;125:14 owns (1) 112:21 P page (1) 62:24 paid (4) 24:2;34:9;87:22; 88:5 paper (2) 83:23;100:1 paperwork (2) 98:16,18 parcel (1) 103:22 PARK (43) 4:1,21;7:6,9;10:12, 15;15:24;16:6;20:3, 10;21:5;31:1;32:17; 33:21;39:18;43:17; 47:7;51:18;54:8;55:8; 72:14;74:10,16,18,21; 77:25;79:5,8,11,23; 82:8;85:13;92:12; 110:2,17;113:23; 114:6,8;120:3;124:5; 126:21;127:8;128:17 Park's (1) 8:4 part (9) 15:22;16:6;49:15; 66:10;72:3;111:13; 112:11;116:13;119:8 partially (1) 12:5 participate (1) 13:20 particular (9) 38:20;51:20;56:10; 62:2,9;63:13,14; 85:20;98:2 parties (1) 6:24 party (3) Min-U-Script®(11) Nope - party ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 109:25;125:2;131:4 pass (1) 101:20 passed (2) 68:11;80:11 past (3) 21:15;68:1;107:12 patient (1) 4:14 pause (1) 62:3 pay (10) 5:21;32:25;88:3,16; 89:18;106:7,11; 111:22,24;112:6 paying (10) 15:20,22;34:9; 86:17;112:1;121:8, 10,23,24;125:21 payment (4) 23:2;24:6;25:5; 121:19 payments (5) 23:7,8;24:1,7;88:14 pays (1) 34:16 peculiar (1) 116:10 peculiarly (1) 115:16 penalties (1) 6:1 penalty (1) 5:22 pending (1) 57:6 people (34) 32:22;33:16;38:3, 20;43:20;44:12; 46:10;51:24;62:11; 75:16;77:17;79:12, 14,18,19,22,24;80:6, 15;86:16;87:2;90:5; 91:7;96:3;102:20; 106:13;108:25;109:8; 120:3;123:18;124:4, 15;125:12;128:4 people's (1) 88:24 per (22) 5:22;19:16;27:22, 22;29:19;30:9;31:7,7, 9,17;63:17;64:12,18; 77:17;80:20;86:11; 90:6;107:4;120:16, 19,20;124:21 percent (9) 19:14;31:6,7,7,12, 14;90:5;118:6;125:23 perform (2) 22:20;116:6 performed (2) 22:16;97:18 perhaps (7) 15:20;36:16;52:16; 58:23;65:5;102:4; 107:20 period (6) 40:24;43:14;46:20; 66:12;73:14;80:14 periods (1) 46:19 permanent (1) 72:3 permissible (1) 39:4 permission (5) 39:5;44:1;66:25; 78:25;120:12 permit (5) 39:14,16;79:20,24; 109:2 permits (3) 77:16,25;79:12 person (9) 38:14,25;50:15; 83:19;92:13;94:13, 16;100:4;104:13 personal (1) 73:17 person's (2) 91:11;94:7 perspective (3) 30:9;37:7;123:6 pertaining (1) 43:6 pertains (1) 105:24 pertinent (1) 70:19 PET (1) 68:10 phone (4) 44:2;70:21;84:4; 127:20 phoned (1) 47:6 physically (3) 31:2;42:16;71:12 picture (1) 43:23 pieces (1) 126:12 Pierce (1) 40:7 pit (2) 45:22;50:22 place (5) 4:19;13:18;14:3; 58:9;89:17 plan (9) 5:12,14;51:20;75:5, 9,12;82:3;106:10,24 planned (1) 73:25 planning (2) 68:3;73:20 plans (2) 56:9;76:13 plant-in-service (1) 12:2 plat (1) 84:19 platted (3) 73:11;111:9;114:15 pleadings (1) 124:10 please (22) 8:2;9:20;18:23; 24:13;28:24;29:7; 32:14,19;43:16; 47:19;48:1;49:17; 50:8;52:21;58:6;65:6; 71:10;90:11;117:25; 124:5;126:12;129:23 plow (1) 117:1 plus (1) 64:8 pm (1) 131:16 pneumonia (1) 67:23 point (20) 8:3,8;9:17;25:4; 30:20;36:10;43:3; 56:13,18,24;67:19,19; 68:13;79:9,14;81:6; 86:7;89:4;100:13; 110:9 pointed (3) 48:22;50:15;51:6 points (5) 59:22;60:2;97:2; 100:7,8 police (2) 122:20,22 policies (1) 24:17 policy (4) 24:16;80:5;103:15; 115:24 politics (1) 80:6 posed (1) 14:23 position (6) 12:4;17:5,8,14; 35:4;46:3 positioned (1) 44:4 possession (2) 111:13,24 possible (4) 29:4;63:18;72:20; 87:4 possibly (3) 39:25;63:10;70:2 post (3) 8:16;27:13;122:10 posted (2) 40:23;122:15 posthaste (1) 86:23 postpone (1) 69:3 potential (1) 82:20 pounds (6) 44:24;45:1,5,5; 51:2,3 power (2) 15:21,22 practice (3) 31:11;32:18;94:7 practices (1) 17:21 precisely (2) 59:23;84:6 preliminary (1) 4:16 prepared (2) 53:5;71:7 preparing (5) 70:11,12,17,20; 77:1 present (4) 6:24;66:18;73:21; 77:10 presented (1) 75:12 presents (1) 77:11 president (7) 7:8;8:10;10:6,14, 18;22:12;65:8 pressure (15) 41:24;44:10,23,25; 45:4,12,24;46:1; 50:24;51:2,3,12,22, 23;52:1 pressures (2) 50:19;51:9 presume (2) 77:12;110:11 presumed (1) 70:24 presuming (1) 95:15 previous (1) 120:8 price (1) 93:18 prices (1) 93:20 primary (2) 101:9;106:14 print (2) 83:20;84:7 printers (1) 25:16 prior (8) 44:22;52:23;68:22; 88:23;90:15;128:21; 129:15;131:6 private (10) 38:21,22;60:23,24; 61:1;70:19;78:16; 79:20;85:12;110:4 privately (1) 131:12 probably (4) 25:16;118:25; 128:15,18 problem (6) 26:1;81:14;85:18; 91:10;113:9;124:3 problems (3) 72:23;81:17;123:16 procedure (2) 14:4;122:3 proceed (1) 39:5 proceeding (3) 6:14;7:23;58:24 proceedings (8) 6:6;9:19;57:6,10; 58:3,8,12;97:4 process (4) 77:1;85:16;97:21; 99:3 products (1) 24:14 progressed (1) 67:23 Progressive (1) 24:12 proper (4) 78:17;98:16,17,17 properly (4) 25:18;42:3;99:8; 116:7 properties (7) 36:1,3,9;77:3,7,8; 82:20 property (15) 37:5;47:4;78:15; 82:23;87:24;88:24; 89:3;103:17;104:25; 105:5;109:8;114:3; 116:14;122:13; 125:14 prospective (1) 38:1 protecting (1) 17:15 protection (1) 44:16 protests (1) 77:21 protocol (3) 5:11,12;76:17 protocols (1) 76:13 provide (51) Min-U-Script®(12) pass - provide ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 5:2,4,5,11,16;11:5; 17:4,13;18:2,9,24; 20:12,17;22:6;27:18; 32:8,11;36:11;39:8; 54:15,20,24;63:19; 72:2;76:14,16,23; 77:18;86:3,4,5;87:3, 3;90:25;93:8,10; 103:9,16;104:22,23; 105:21;108:17,19; 110:1,16;117:11,13; 118:18,19;125:1; 130:17 provided (28) 9:21;21:14;23:10; 24:14;25:14;26:12; 27:1,11;31:5;62:15, 18,22;70:14;76:20; 78:16;81:11;84:18, 19;86:16;91:5,7,8; 92:19;103:15;105:6; 108:9;110:4;114:11 provider (2) 7:11;108:12 provides (4) 29:19;110:3;112:4; 117:4 providing (8) 12:15;20:2,19;21:5; 37:23;60:9;86:13; 97:9 psi (5) 42:2,3,5,8;45:10 P-trap (1) 91:4 Public (17) 4:22;12:11,13,16, 19;16:11,12;53:19, 23;54:1,15,20,24; 79:13,18;101:2; 113:16 published (1) 28:10 PUC (5) 7:3,18;33:25;96:2; 120:10 pull (2) 33:8;79:19 pump (17) 41:15,24;42:4,9; 43:18;44:6,7,14,20, 20,21;51:8;71:2; 95:15;97:24;122:23, 25 pumped (1) 42:9 pumping (2) 43:22;44:15 purchase (3) 27:12;52:18;105:9 purchased (3) 38:15;39:1;111:2 purpose (2) 4:24;24:5 purposes (2) 6:24;74:5 put (23) 48:23;52:2;54:19; 68:8;71:7;72:17;75:8; 80:1,18;89:5,6;90:16; 99:3;100:21;105:5, 12,14;114:5;126:20, 24;128:8,10,11 putting (3) 31:9;53:9;98:16 PWCs (1) 96:16 PWS (1) 110:10 PWSs (1) 96:17 Q quadrant (1) 75:21 quality (15) 5:18;48:14,19;49:4, 9,14,25;50:11;52:5,8, 19;57:7;86:25;100:7; 101:3 quantify (1) 45:21 quarter (5) 75:14;76:4,10,11; 82:1 quick (2) 85:7;123:19 QuickBooks (5) 17:24;18:1,3;33:8, 11 quickly (3) 50:6;90:22;120:15 quiet (4) 38:7;114:19;115:6; 126:7 quite (2) 65:22;119:15 R raised (1) 86:1 ranch (2) 111:3;114:16 rapidly (1) 68:11 rate (12) 19:10,15;28:2,4,10; 34:1,21;120:2; 124:18,21,24;125:5 rates (6) 19:13;36:23;93:4; 121:19,20;124:23 Ray (3) 20:6,9;40:7 reach (1) 18:21 reached (2) 70:20;124:14 reaching (1) 61:15 read (2) 35:13;67:1 reading (1) 13:6 real (1) 25:24 realize (1) 84:7 really (7) 23:24;33:5;41:21; 68:21;70:13;86:20; 109:10 re-ask (1) 120:25 reason (3) 9:19;71:11;85:20 reasonable (2) 9:13;30:8 reasonings (2) 39:9;56:3 reasons (1) 4:13 rebut (1) 130:13 recall (27) 20:18,19;37:6,25; 38:3,14;39:24;40:11; 49:7,8,11,13;50:10, 14;52:16;53:8;54:24; 57:13;60:6,9,10;61:4, 7,15;87:12,13,14 receipt (3) 17:17;64:6,6 receipts (2) 26:18,20 receivable (4) 18:9,12;19:1,11 receive (10) 6:16;41:8;45:6; 74:4;94:1,3;110:17, 18,24;112:10 received (12) 11:6,16;36:6;56:14; 58:23;63:8;86:10; 87:13;90:12;96:2,19; 113:19 receiving (4) 26:12;87:19,21; 121:25 recent (1) 97:16 recently (3) 12:18;80:17;88:18 recess (4) 37:9,14;65:19;83:7 recollection (1) 39:16 recommend (1) 53:10 reconcile (2) 36:12;64:1 reconnect (3) 28:2;30:10,11 reconnection (8) 27:21,22,23;28:6, 10;29:19,20,23 record (16) 6:15,17,22,24;7:24; 8:3,7,21;12:9;22:5; 38:10;62:21;72:3; 130:24;131:6,8 recorded (1) 50:22 recording (1) 70:22 records (4) 15:4;62:14,17; 63:16 recovering (2) 121:18;124:23 recovery (2) 68:14;121:19 recreational (3) 107:21;108:5,25 redirect (1) 35:22 reduce (1) 64:19 refer (3) 58:19;85:1;126:13 reference (1) 95:4 referred (1) 4:20 referring (2) 11:1;28:11 refers (1) 107:5 refrain (1) 5:20 refunds (1) 5:9 regard (5) 73:6;84:15,16; 86:24;107:13 regarding (3) 49:14,25;122:20 regardless (1) 84:11 regards (2) 59:16;122:23 regenerate (1) 33:8 regulations (2) 36:23;89:16 reimburse (1) 24:2 reimbursement (1) 23:22 reimbursements (1) 24:4 reimbursing (1) 26:13 relate (2) 96:21,24 related (2) 25:16;58:8 relates (1) 21:5 relation (2) 21:1;58:3 relationship (6) 19:23;20:6,23; 21:10;22:1,21 relationships (1) 123:18 relatively (1) 116:18 reliable (1) 5:17 remains (1) 111:9 remedy (3) 112:19;113:2,5 remember (1) 38:25 remind (1) 10:25 remnant (1) 111:25 remove (1) 88:11 removed (2) 59:12;114:9 rental (6) 36:1,3,8;77:2,7,8 rentals (2) 77:12,14 renting (2) 77:5;82:23 reordered (1) 128:11 repair (11) 27:2;40:14,25;41:5; 47:8,13;51:14;88:20; 117:24;118:18;122:9 repaired (2) 40:13;51:7 repairing (2) 49:14;89:22 repairs (7) 15:20;22:18,19; 25:1,1;40:10;118:3 repeat (1) 50:7 rephrase (1) 65:6 replied (1) 68:25 reply (2) 59:22;104:20 report (10) 18:10,12;19:5,11; Min-U-Script®(13) provided - report ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 63:1;71:12;91:8,11; 122:20,22 reported (3) 40:6;41:15;43:21 reporter (1) 6:19 Reporting (1) 4:22 reports (12) 16:25;36:6,13,13; 41:8;43:19;62:18; 64:2;69:10,25;70:3; 81:11 represent (3) 29:18;127:16,16 representation (2) 7:1;86:21 represented (1) 97:5 Request (30) 5:3;10:25;11:1,4,4, 25,25;12:5;16:25; 17:1,3,6,7,12,19;18:8, 18;19:3,21,21;27:17, 17;29:6;32:7,16; 33:10;36:17;48:23; 63:9;76:21 requested (5) 12:12;17:4;75:13; 76:16;79:10 Requests (4) 6:3;16:24;17:12; 33:13 require (1) 108:6 required (8) 5:1;33:6;52:7; 68:16;81:9;90:23; 118:6;121:4 requirement (1) 75:7 Requirements (5) 4:23;12:14;15:6; 84:12;100:18 requires (1) 108:11 residence (3) 103:10,18;105:17 resolution (1) 11:7 resolve (2) 5:17;90:7 resolved (5) 56:19,21,24;59:12; 77:19 resolving (2) 59:17,24 resource (1) 58:17 Resources (2) 78:18;79:11 respectively (2) 23:5;27:9 respond (14) 8:16;9:2;18:19,20; 29:8;50:6;60:1;83:19; 91:20;92:1;97:10; 104:19;118:24; 130:10 responded (4) 17:7;18:20;51:19; 104:15 responding (4) 9:6,7;83:21;97:21 response (16) 5:24;8:5;11:2,8; 17:9;19:2,20;25:22; 39:12;70:12,25; 76:19;94:23;123:19; 124:16;130:17 responses (4) 5:2;6:3;49:19; 126:23 responsibility (2) 86:6;123:8 responsible (1) 89:18 responsive (1) 17:18 rest (5) 9:19;70:5;71:6; 88:14;119:4 restate (4) 16:2;28:22,23; 129:24 restated (1) 29:13 restricted (3) 75:2,3;107:6 restrictive (1) 82:14 restricts (1) 107:8 resubmitted (2) 19:5,6 retaliating (1) 5:21 retinal (1) 69:21 return (1) 45:13 review (2) 6:16;18:4 reviewed (1) 102:6 reviewing (1) 33:23 rid (1) 127:7 Ridge (6) 12:21;40:12;53:16; 61:9;62:11;82:10 right (14) 6:8;31:19;39:2; 48:1;52:3;67:19; 71:16;74:21,24; 78:15;84:6;114:18; 126:8;130:21 river (2) 114:25;125:7 road (2) 42:20;117:2 roads (1) 98:3 Roger (13) 7:9;13:13,25;14:15; 22:6,7,9;53:2;75:17; 83:22;84:4;95:13; 123:20 role (4) 10:17;20:12;22:5; 85:17 roof (3) 42:12,20;43:1 roughly (1) 121:15 round (4) 108:14,16,17,19 routine (1) 69:7 Rudd (1) 94:8 rules (2) 36:23;89:16 run (1) 126:16 running (2) 90:3;108:16 runs (1) 35:5 RV (6) 104:2;105:4,14,21; 106:8;107:9 RVs (1) 82:23 S safe (5) 5:16;76:14;86:5,13; 100:24 sale (1) 127:6 sales (1) 89:1 salesman (1) 51:20 same (6) 34:19;72:4;79:21; 98:9;107:19;109:7 sample (4) 42:13;76:2,10; 99:22 sampled (1) 81:9 samples (5) 56:10;81:5,7,12,20 sampling (11) 56:9;75:5,9,10,12; 76:4,11;81:10,15,18; 99:25 sandbag (1) 73:5 sanitary (15) 15:6;49:18,20,22; 50:12,16,20;51:17; 75:9;97:14,16,17; 98:6,12;99:11 sat (2) 53:3;85:13 satisfactory (2) 32:22;91:5 saw (3) 45:10;50:19;71:5 saying (9) 32:19;47:10;51:15; 70:22;71:17;85:22; 90:4;108:18;118:2 scan (1) 68:10 scenario (2) 90:4;112:7 schedule (3) 27:18;120:15; 124:21 scheduled (1) 5:13 Schwartz (1) 94:8 scooter (1) 67:20 screen (1) 69:22 se (1) 86:11 season (1) 114:24 seasonal (4) 73:16,19;109:2,2 seat (1) 85:13 second (5) 23:2;43:4;45:11; 54:13;106:20 secretary (2) 10:14,18 section (3) 64:24;76:2,8 sections (1) 76:1 security (2) 60:24;122:3 seek (1) 83:16 seems (1) 85:21 sell (3) 93:5;109:14,16 sells (1) 74:18 semantics (1) 35:15 send (27) 32:15,15,21;33:12, 16;48:19;49:5;52:7, 25;53:18,20,22,25; 54:2,4,6;55:25;60:1; 70:8;82:5;84:9;88:6, 13;89:12;101:8; 123:25;124:1 sending (5) 32:21;49:9;52:10, 23;114:1 sends (1) 95:17 sense (1) 51:13 sent (26) 32:8;33:1,7,13,14; 42:24;43:23;44:12; 52:22;53:15;55:15; 59:25;69:24,25;70:7, 9;71:7;76:19,19;84:7, 9;87:24;88:7,7;90:13; 104:25 separate (6) 24:5;63:9,10;101:2; 105:3,22 September (3) 12:20;97:18;108:19 septic (2) 105:12;106:2 sermon (1) 115:1 serve (1) 10:21 served (2) 79:24;114:16 serves (1) 21:16 service (50) 5:13,17,18;7:10; 20:17,20;30:24; 33:19;34:8;36:21,22; 37:1,4,6,23,24,25; 39:17;41:10,19;43:8; 44:7;46:5,19;47:21; 60:7;61:6;86:13,15, 17;88:19;89:8,12,18; 103:10;105:21; 108:17;110:1,3,5; 112:4,11;117:5,7,11, 13;118:3,18,19;122:8 services (15) 20:1;21:4,13;22:15; 23:1,6,10;24:6,8; 25:14;26:11,25; 27:10;47:7;107:4 servicing (3) 72:14;79:7,7 serving (1) 20:11 set (4) 19:13;33:11;34:20; 125:23 Min-U-Script®(14) reported - set ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 setback (1) 79:17 setbacks (1) 78:17 seven (8) 12:10;55:9;56:13; 59:8;81:12;96:7,11, 22 several (4) 36:6;41:1,3;102:5 severely (1) 67:18 sewer (3) 61:12;90:17;91:4 shaking (1) 128:3 shall (2) 5:9;36:21 shallow (1) 117:4 share (1) 67:6 shareholders (1) 74:14 Sharp (65) 7:2,2,5,17;8:10,21; 9:4,14;10:4,6,9;14:6; 15:9,15,16;16:4,9,14, 18;22:14;26:2,4,7; 28:23;29:15,17; 35:24;36:10,19; 37:21;43:5;45:2,12, 17;46:2,16,17;48:10, 11;50:9;52:3,10,15; 55:10;56:5,12,17,23; 57:5,10,18,24;58:2,7, 22;59:1,6;63:25;65:3, 8,13;69:8;83:6; 130:25;131:2 shop (2) 93:3,6 shops (1) 93:20 short (5) 37:9,19;47:10,10; 66:21 shortage (1) 47:11 shortly (3) 8:14;42:12;49:1 short-term (1) 77:13 Shotgun (8) 12:22;13:4;40:1,5; 53:21,23;54:1,3 Show (6) 4:15,19,25;6:9; 8:21;131:13 showed (2) 42:24;114:12 showing (2) 27:18;81:12 shut (9) 30:7;34:20;40:14, 24;44:9,11;108:18, 21;115:17 shy (1) 80:25 sick (1) 86:18 side (4) 7:14;61:13;80:24; 103:23 sides (1) 29:1 sign (3) 43:1;122:13;128:4 significant (7) 51:17;54:9;57:14; 95:5,9;97:22;126:14 signs (7) 27:13;122:10; 128:8,8,10,10,11 simple (1) 64:8 simply (5) 20:13;26:23;27:1; 30:11,13 sincere (1) 4:12 single (5) 63:14;64:16,23; 107:8,9 sit (3) 64:4,6;84:20 site (7) 51:20;56:9;75:5,9, 12;98:1;105:14 sites (1) 97:24 sitting (3) 72:23;85:13;103:22 situation (7) 47:1;59:19;109:23; 111:21;112:3;116:7; 123:13 situations (1) 122:18 six (2) 34:8;96:12 sizes (1) 106:1 slight (1) 47:13 slip (1) 80:9 small (5) 79:15;81:8;85:11, 12,19 smell (2) 90:9;91:1 smelled (2) 90:17;92:9 Smith (65) 7:7,7,13;9:3;13:17, 22;14:21;16:2;25:24; 26:1,3;28:13,16,21; 29:9,12;34:22,25; 35:14,23;37:8,17; 38:5,9;43:4,10,12; 50:2;55:2,7;58:10; 63:24;64:3,14;65:16; 66:5;67:3,6,9;72:4,6; 80:11;81:3;82:25; 83:4,10,11;84:22; 85:13,14;94:11; 102:25;111:16; 114:18;116:1;117:16, 19,21;119:2;125:6; 126:4,6;129:5; 130:20;131:15 snooping (1) 88:24 snow (7) 42:11,20,23,24; 43:1;46:9;97:25 snowed (1) 98:3 snowfall (2) 48:25;116:25 snowmobile (3) 44:14;46:13;117:1 snowshoe (1) 46:13 sold (2) 104:6;111:6 solve (1) 91:9 somebody (14) 26:14;30:3;34:16; 43:22;70:21;78:9,20; 80:23;116:6;119:24; 122:2;124:13;126:5; 128:16 somebody's (1) 78:13 someone (8) 30:10;39:13;40:3; 82:13;93:12;120:11; 122:2,19 someone's (1) 91:1 sometime (2) 68:20,20 son (1) 21:2 son's (1) 68:4 soon (2) 72:15,20 soonest (1) 40:9 sorry (14) 15:2;37:12;47:22; 48:9;57:8,18;58:5; 96:11;97:1;99:18; 123:8;124:20;125:10, 20 sort (2) 20:15;62:17 sound (1) 38:6 sounds (4) 9:12;35:3;69:15; 100:4 South (1) 54:3 speak (6) 11:24;26:5;34:25; 43:13;78:24;79:25 speaking (4) 24:3;30:16;46:21; 83:15 specialist (1) 69:21 specific (9) 18:3;55:15;56:20; 57:2;61:8;75:13;99:4; 100:20,23 specifically (5) 15:17;23:23;24:18; 25:18;30:16 specifics (1) 24:9 specify (1) 22:19 speed (1) 72:5 spelling (1) 7:25 spoke (3) 8:13;47:14;91:23 spoken (1) 72:19 spot (4) 50:20;68:8;85:23; 86:18 spring (1) 39:6 stabilize (1) 69:20 Staff (22) 7:18;8:15,22;9:6, 11;11:4;17:8;18:4; 36:6;47:11;53:12; 62:18;86:21,23;87:3; 89:15;94:16;97:13; 127:14,15;130:15,22 staffage (1) 47:10 staffages (1) 47:10 Staff's (7) 6:25;11:24;12:4; 17:5,14;32:10;36:14 standards (1) 118:7 start (4) 34:4;82:1;85:6; 102:7 started (11) 11:12,18,20;32:21; 37:22;52:4;69:17; 70:10,17;87:21;89:3 starting (1) 12:17 state (6) 28:9;31:5;67:11; 80:8,8;128:6 stated (14) 6:10;9:4;31:16; 35:5;53:5;59:7,11; 62:4,16;92:12;94:25; 98:8;107:3;112:10 statement (7) 12:5;33:9,12;66:7; 72:22;85:7;90:13 statements (12) 17:13,15,18,18,22; 19:22;22:24;31:5; 32:15;70:19;88:7; 90:15 states (5) 31:7;33:1;36:20; 63:1;100:7 stating (1) 49:4 station (3) 103:25;110:12; 112:22 station/grocery (1) 103:21 statistics (1) 72:25 status (1) 5:15 statute (1) 88:15 statutory (3) 5:25;6:4;86:12 stayed (1) 42:19 step (2) 86:20,21 stepped (1) 68:2 steps (1) 55:11 Stevens (2) 13:4;54:3 still (10) 46:1;51:11;58:9; 68:13;70:15;97:21; 111:12;113:21;116:9; 126:18 stitched (1) 67:22 stop (15) 52:3;89:5,13,17; 103:5,8;108:22; 115:13,14,17,23; 116:4,9,14;122:16 stopped (1) 20:19 stops (1) Min-U-Script®(15) setback - stops ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 89:6 store (1) 103:25 store/bar (1) 103:21 street (1) 42:25 strictly (1) 108:8 Strobel (1) 111:18 structure (2) 106:22;107:9 struggling (2) 68:14;102:5 stuff (3) 52:24;71:13;126:23 sub (1) 74:8 Subdivision (26) 15:19;17:5;38:16, 20;40:2;41:9;43:21; 44:13;45:8;46:4,12, 14;49:6;50:21,23; 52:2;53:17,21,23; 54:5;57:15;73:24; 75:11;96:4;111:9; 114:15 subdivisions (19) 12:16;60:22;62:1; 73:10,15,16,21;75:25; 76:15;77:21;79:15, 22,23;82:5,7,14,15; 96:13;98:2 submission (1) 8:17 submit (2) 5:9;19:2 submitted (4) 7:10;17:22;75:22; 131:10 subsequent (1) 51:5 subsidized (1) 125:17 substandard (1) 89:21 suffer (1) 18:16 sulfur (1) 90:21 summarize (1) 83:12 summer (2) 32:17;73:19 summers (1) 105:16 supervising (1) 55:21 supplementals (1) 8:5 supplied (1) 82:8 supply (1) 76:15 suppose (1) 54:18 sure (12) 8:6;12:20;26:17; 46:7;47:23;64:17; 65:16;87:15;99:7; 121:23;124:11; 128:19 surprised (3) 45:24;69:1,8 surrebuttal (2) 9:8,10 survey (13) 15:7;49:19,20,22; 50:13,16,20;75:9; 97:14,16,17;98:12; 99:12 surveys (2) 51:17;98:7 swear (2) 9:23;14:7 sworn (4) 7:22,22;9:25;14:17 system (51) 5:20;12:9,13,19; 13:7;15:20,23;37:2; 40:11;42:10;45:25; 49:15;50:18,24;51:4; 52:18;53:16,19,24; 54:1;57:20;73:1;77:9, 17;78:10;81:8;84:17; 87:17;94:2,2;101:10; 106:2;109:5,14; 110:20,24;112:5,12; 113:16,21;114:6,8; 118:6,14,15;120:18; 123:6,11;124:12,16; 125:17 system-related (1) 25:1 systems (26) 12:11,17;13:3; 46:23,25;53:10;55:9; 56:7,14;57:24;59:9; 66:16,17,17,18;73:8, 9,21;74:1;79:13,18; 99:14;105:12;107:25; 109:11;127:7 T table (1) 7:8 talk (4) 11:19;78:1;98:22; 115:1 talked (11) 9:7;39:5;64:3; 68:19;91:8;98:23; 107:12;119:15;121:7; 122:2;127:1 talking (17) 13:9,10;24:17; 35:15,16;41:4;45:18; 46:22;49:18;55:11; 77:13;78:1,5;92:10; 97:2;113:24;130:15 tariff (31) 5:8;27:22;28:12; 29:19,22;30:1,1,8; 31:6,25;33:2,17;34:4, 14,16;35:5,25;36:20; 102:10;103:16; 108:11;119:15,17,21; 120:2,15,15,22,23; 121:5;124:18 taste (1) 90:9 tax (4) 72:21;121:18,18,20 taxes (7) 72:16;111:22,25; 112:6;121:8,8,10 technical (4) 13:25;14:9;27:4; 84:1 technology (1) 118:16 telecommunications (2) 61:5;62:5 teleconference (1) 95:14 telling (4) 47:2;52:16;60:6,10 tells (1) 106:24 template (1) 76:24 temporarily (1) 40:15 temporary (1) 5:13 ten (7) 59:22;60:2;70:5,7, 8;97:2;100:8 tended (1) 128:2 terminology (1) 58:11 terms (1) 109:1 Terri (2) 68:24;70:1 Terry (3) 7:18,20;18:21 test (3) 65:24;90:23;116:5 testified (2) 10:1;116:5 testimony (8) 107:16;109:19; 113:19;115:13,22; 129:9,13;130:23 testing (1) 5:19 texted (1) 130:6 thanks (1) 85:14 theirs (1) 111:20 thereafter (2) 42:12;49:1 therefore (1) 51:25 third (1) 125:2 though (4) 88:6;103:14; 127:20;129:16 thought (13) 44:9;68:7;69:24; 70:13;81:25;84:18; 97:1;104:17,18,20; 117:23;123:17; 126:19 thousands (1) 126:16 threatening (1) 78:9 three (5) 71:9;105:17;121:3; 123:21;129:13 tied (2) 47:11;82:19 tier (3) 54:15,20,24 timeframe (8) 20:16;30:15;41:6; 45:17;67:25;69:10, 20;73:12 timeline (1) 47:24 timely (3) 51:19;56:8;67:15 times (3) 23:17;63:5;67:14 timing (1) 8:17 title (3) 114:20;115:6;126:7 today (5) 4:13;6:20;7:21; 67:13;129:14 today's (2) 6:6;118:7 together (4) 71:7;126:20,24; 129:12 told (17) 39:3;46:7;48:23; 53:6;68:9;69:25;70:2; 77:20;78:20;88:23; 89:20;99:23;100:2; 104:18;105:4;107:15; 125:9 Tongue (1) 47:11 Tony (2) 21:10,13 took (5) 33:23;43:23;45:3; 81:7,20 tools (1) 86:4 top (1) 42:25 total (1) 24:23 totaling (1) 26:23 totally (2) 28:20;115:4 tough (1) 86:18 town (1) 68:4 tradition (1) 112:1 train (1) 126:18 transaction (1) 62:22 transcript (2) 6:14,21 transfer (1) 125:13 transition (3) 66:14;72:8;89:1 traps (1) 91:4 travel (1) 32:18 treasurer (2) 10:15,18 treatment (3) 68:17,17;69:17 trespassing (2) 122:13;128:4 tried (2) 42:21;95:11 tries (1) 87:3 true (3) 30:23;48:13;72:7 truly (2) 73:7;102:2 try (10) 14:7;29:15;48:3; 50:9;55:16;72:4,5; 82:14;87:2;111:16 trying (11) 18:18;56:25;57:14; 59:14;65:2;66:8; 84:16;98:24;106:5; 126:20,22 T's (1) 84:6 turn (9) 4:8;10:4;17:11; Min-U-Script®(16) store - turn ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 29:25;30:4;51:24; 62:13;77:2;116:4 turned (5) 30:2;42:17;44:20; 81:21;122:25 turning (2) 69:9;107:20 turns (2) 40:20;44:19 two (22) 13:24;38:3;42:19; 44:12;57:3;63:9,10; 82:18;83:5,6;87:11; 98:2,21;104:8;105:1, 15;106:15,17;114:22; 115:2,7;121:3 two-lot (1) 103:22 two-minute (1) 65:15 type (2) 74:10,17 types (1) 75:1 typewriter (1) 130:9 typo (2) 31:9,10 U unable (2) 32:11;55:23 unacceptable (1) 123:14 unauthorized (7) 31:21;119:22,24; 120:9;122:11;128:22, 22 unaware (2) 11:10;28:9 uncle (1) 111:19 under (18) 5:23;6:1;13:18; 14:3,7;16:1,5;19:10; 53:13;54:9,16;57:21, 25;70:17;74:16; 78:15;86:2;124:17 underlying (1) 6:15 understands (1) 58:12 understood (5) 35:1,12;69:6,11; 99:25 undertaken (1) 114:20 unintentional (1) 31:8 unit (1) 106:17 units (1) 104:3 Unless (2) 8:1;131:4 unredacted (1) 17:17 untimely (1) 6:2 up (72) 4:8;5:22;30:7,11; 33:8,11;36:15;38:16; 39:6;40:25;42:4,18; 43:1,22,25;44:1,11, 12,19,20,22,25;45:24; 46:9,11,13;47:3,8; 48:24;51:18;54:19; 63:6;64:1;67:22;68:2; 69:1,14;71:1;72:1,5; 75:15;76:10,17,19; 78:13;79:13,18; 80:12,19,24;86:20,21; 88:21;89:1,5;90:16; 97:22;98:3,17; 111:10,19;115:3; 118:2,7;122:7; 123:18,25;124:1; 128:6,8,10,11 updates (1) 5:15 upon (3) 35:7;112:6;118:15 usage (1) 73:19 usages (1) 74:17 use (10) 15:1;17:24;18:1; 30:2,3;83:14,15; 87:16;111:8;130:8 used (5) 44:6;56:3;65:23; 80:4,4 user (1) 34:15 users (3) 54:15,21,25 using (4) 34:17;71:13;97:4; 120:12 Utilities (2) 4:22;101:2 utility (2) 16:12;86:3 V vacation (1) 98:20 Valley (24) 12:18;15:18;22:15; 40:8;41:5,9,13,20; 42:22,25;43:14;46:4, 21;47:1;50:22;54:5; 57:14,20,21;81:8; 96:3;105:24;114:15; 128:9 valve (12) 41:15,24;43:25; 44:9,10,23,25;45:16, 18,23,23;51:9 valves (1) 44:3 vandalizing (1) 128:16 various (1) 12:16 vegetation (1) 75:3 venture (1) 105:6 verbal (1) 119:13 verbally (1) 84:3 versus (1) 121:3 via (2) 39:10;95:14 vice (1) 22:12 View (24) 12:18;15:18;22:16; 40:8;41:5,9,13,20; 42:22,25;43:14;46:4, 21;47:1;50:23;54:5; 57:15,21,21;81:8; 96:3;105:24;114:16; 128:9 Village (1) 12:22 violation (4) 48:19;49:9;86:11; 117:10 violations (1) 86:8 virtually (1) 43:2 vision (1) 69:20 visit (1) 105:15 visited (2) 59:15;60:4 VOICES (1) 4:6 volleyball (1) 13:24 Volweiler (2) 40:7;47:7 W waiting (1) 127:4 waive (2) 19:18;75:20 walking (1) 68:15 wants (2) 39:13;122:8 waste (19) 41:15,24;42:4,10; 43:18;44:6,15,21; 51:9;71:3;95:16; 115:13,14,23;116:4,9, 14;122:23,25 Water (181) 4:21;5:18,18;7:6,9; 10:12,15;12:8,11,13, 16,16,19;13:3,7; 15:25;16:6;20:3,10; 22:22;27:13;30:4; 31:1;32:25;33:2,18, 21,25;34:14,16;37:2, 6,23,25;38:17;39:2, 17;40:15,19;41:14, 22;42:9,10,13,14,17, 18,19;43:7,17,22; 44:4,7,15,21,23,25; 45:6,25;46:5,19,22, 24;47:4;51:1,18,24, 25;52:2,11,19;53:1,5, 19,24;54:1,15,21,25; 56:7;57:15,22,25; 58:4;61:17;68:2; 72:14;73:1,21,25; 74:2,7,10,16,17,21,24, 25,25;76:2,10,15; 77:4,9,18;78:10,18; 79:5,8,11,13,18,23; 81:4,7,10,12,18;82:8, 22;84:5,17;85:11,12, 19;86:5;87:19,20; 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116:25 winterize (1) 42:23 winterized (1) 46:8 wipe (1) 91:11 wise (1) 13:22 wish (2) 127:21;130:13 within (15) 11:17;30:14;36:21, 25;37:7,24;38:1;60:7; 61:6;62:21;78:9; 84:17;108:6;110:2; Min-U-Script®(17) turned - within ISLAND PARK WATER COMPANY'S FAILURE TO COMPLY PUBLIC UTILITIES COMMISSION HEARING Dorothy McCarty - Vol. I March 29, 2023 112:4 without (3) 30:5;41:22;120:12 witness (18) 9:25;14:17;26:6; 28:14;35:10,18; 37:12;38:12;48:4,8; 50:2;64:21;66:1,3; 71:23;83:3;117:22; 129:9 witnesses (1) 130:23 wonderful (1) 89:10 word (2) 58:13;88:25 work (9) 86:21;90:6;97:6; 101:11;108:3;115:16; 116:10;126:23; 127:15 worked (1) 70:25 working (5) 38:6;70:4,10;83:21; 98:7 worries (1) 16:16 wrap (1) 72:1 writing (4) 72:2;106:24;114:9; 119:12 written (9) 5:11,14;39:9,11; 76:17,18;84:1;91:8; 124:10 wrong (4) 42:2;87:24;104:18, 20 Y year (32) 11:17;19:14;20:21; 21:24;26:9,10;31:9; 32:20;33:2,20;34:4, 10,13,14,18;35:17; 46:10;67:13;69:3; 70:14;87:11,18;88:5; 90:6;97:20;108:14, 16,17,19;120:16,19; 124:21 yearly (5) 30:1;35:12,15,16; 121:15 year-round (6) 73:15;108:12; 117:5,11,13;118:19 years (17) 18:10;25:8;30:25; 32:18;34:11,13; 61:18;68:7;69:2; 79:22;81:12;85:19; 88:3,22;118:17; 120:13;125:18 yesterday (1) 55:14 0 01 (1) 90:5 1 1 (12) 5:1,3;8:4,12,21,22; 12:22;17:1,3,6;31:7; 120:15 10 (6) 5:4;12:23;17:2,12, 19;19:21 100 (3) 120:6;123:5,15 10th (1) 17:10 11 (2) 12:23;124:1 11:29 (1) 4:1 12 (5) 19:14;31:6,7,12,14 13th (1) 69:13 14 (4) 6:10;12:15;36:14; 130:20 15 (2) 34:13;77:17 15th (2) 17:8;19:7 1960s (1) 110:22 1970 (1) 73:12 1985 (2) 73:13;110:9 1990 (1) 79:5 1st (2) 33:19;70:23 2 2 (4) 5:4;54:15,20,24 2:36 (1) 131:16 20 (4) 8:4;72:8;87:17; 125:17 2000 (3) 33:22;87:18,18 2009 (4) 33:25;35:7;124:22; 125:5 2011 (2) 10:19;81:7 2016 (1) 90:4 2020 (17) 11:6;17:13;18:10; 22:20,25;24:22; 25:11;26:8,23;27:7, 19;32:9;39:18,21,25; 62:23,25 2021 (15) 11:6;12:3;17:14; 18:10;22:20,25; 24:11,22;25:11;26:9, 23;27:7,20;32:9; 39:25 2022 (9) 11:16;41:10,14,16, 20;48:15;49:22; 50:12;72:8 2023 (6) 4:1;6:10;17:10; 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