20231024_HWCW2301_md.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

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

FROM: MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL

DATE: OCTOBER 24, 2023

SUBJECT: IN THE MATTER OF HUSKY WATER COMPANY’S APPLICATION FOR
APPROVAL OF ACQUISITION OF THE ASSETS OF RESORT WATER CO.
INC. AND FOR THE ISSUANCE OF A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY; CASE NO. HWC-W-23-01.
On October 13, 2023, Husky Water Company (“Husky”) applied to the Idaho Public Utilities
Commission (“Commission”) for approval of its Application (“Application”). Husky represents that
it has entered into an asset purchase agreement (“Transaction”) with Resort Water Co. Inc. (“Resort”),
and Husky now seeks approval of the Transaction and a Certificate of Public Convenience and
Necessity (“CPCN”) to service Resort’s customers. Specifically, the Application requests that the
Commission: (1) process the case by modified procedure; (2) enter findings that the Transaction is in
the public interest, that Husky has the ability to maintain the system, and that customer rates will not
increase; (3) grant Husky a CPCN for Resort’s current service area; (4) approve Husky’s proposed
tariffs (although most of its proposed tariffs will remain the same, Husky proposes adding a residential
fixed rate service under a newly created Schedule No. 6); and (5) grant “such other relief as the
Commission deems just and reasonable.” Application at 1.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Application and a Notice of Intervention
Deadline establishing a 21-day intervention deadline.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application and a Notice of Intervention
Deadline establishing a 21-day intervention deadline?

Michael Duval
Deputy Attorney General
Legal\WATER\HWC-W-23-01_Acq\memos\HWCW2301_dec_md.docx