20220510_rn2.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: RILEY NEWTON
DEPUTY ATTORNEY GENERAL

DATE: MAY 10, 2022

SUBJECT: IN THE MATTER OF TETON WATER & SEWER COMPANY’S
APPLICATION FOR AUTHORITY TO INCREASE ITS RATES AND
CHARGES FOR WATER SERVICE IN THE STATE OF IDAHO; CASE
NO. TTS-W-22-02.

On March 1, 2022, Teton Water & Sewer Company (“Company”) filed an Application
requesting Commission authorization to increase its rates and charges for water service. On March
29, 2022, the Company filed an Amended Application. The Company requested a July 1, 2022,
effective date.
On April 25, 2022, Teton Springs Homeowner’s Association (“Teton Springs”)
petitioned to Intervene (“Petition”). The Petition has not been opposed.
On April 27, 2022, the Company filed a Motion to Withdraw its Application
(“Motion”) pursuant to Rule 68, IDAPA 31.01.01.068. The Company’s Motion cited customer
concerns about the proposed rate increase and the possibility that future growth could pay for
repairs to its system rather than current customers.
STAFF DISCUSSION AND RECOMMENDATION
Staff notes Rule 57.03, IDAPA 31.01.01.057.03, contemplates a 14-day deadline for
parties or persons to answer a motion. Teton Springs has not answered the Motion. Based on
conversations with Teton Spring’s legal counsel, Staff understands that Teton Springs has been
notified of the Company’s Motion and does not oppose the Motion or intend to file an answer to
the Motion.

DECISION MEMORANDUM 2
Rule 57.03 further provides that the “Commission may act upon a motion under Rule
256.” Commission Rule of Procedure 256, IDAPA 31.01.01.256, provides, generally that, absent
specific facts supporting a motion’s request to act on shorter notice, the Commission may not act
upon a procedural or substantive motion in fewer than 14 days.
Staff notes that it has been less than 14 days since the Company filed its Motion. Staff
further notes that the Company’s Motion lacks any facts supporting its request to act on shorter
than 14-day notice. However, Rule 13, IDAPA 31.01.01.013, provides that the Commission’s
Rules of Procedure “will be liberally construed to secure just, speedy and economical
determination of all issues presented to the Commission. Unless prohibited by statute, the
Commission may permit deviation from these rules when it finds compliance with them is
impracticable, unnecessary or not in the public interest.”
Staff believes that, because the Company is seeking to withdraw its Application (and
therefore, the entire case) there are no issues or facts for the Commission or any other current or
potential parties, including Staff, to address. Further, Teton Springs is aware of the Company’s
Motion and has not and does intend to answer it. For these reasons, Staff believes it is unnecessary
and not in the public interest to delay Commission action on the Company’s Motion. Accordingly,
Staff recommends the Commission grant the Company’s Motion. If the Commission grants the
Company’s Motion, Staff recommends the Commission dismiss Teton Spring’s Petition to
Intervene.
COMMISSION DECISION
Does the Commission wish to grant the Company’s Motion? If so, does the
Commission also wish to dismiss Teton Springs’ Petition?

______________________________
Riley Newton
Deputy Attorney General

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