20230309Notice_of_Application_Order_No_35698.pdf

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35698 1
Office of the Secretary
Service Date
March 9, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ATOMIC WATER
WORK’S APPLICATION FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY
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CASE NO. ATW-W-23-01

NOTICE OF APPLICATION

NOTICE OF
INTERVENTION DEADLINE

ORDER NO. 35698

On January 31, 2023, Vickie O’Haro and Blake Lyle through their “company, Atomic
Water Works” (“Company”)1 applied to the Commission for a Certificate of Public Convenience
and Necessity (“CPCN”), to provide water service in Atomic City, Idaho. Application at 1.
The Commission now issues this Notice of Application and Notice of Intervention
Deadline establishing deadlines for interested parties to intervene.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company represents that it recently
purchased the water system providing service in Atomic City which currently serves 28 residential
and two commercial accounts. Id.
YOU ARE FURTHER NOTIFIED that the Company’s proposed rate schedule for
residential customers is a flat rate of $55.00 monthly per residential connection, with a non-flowing
rate of $27.50 monthly per residential connection. Id. at Attachment 22. The Company’s proposed
rate schedule for commercial customers is a flat rate of $111.00 per month. Id. at Attachment 19.
YOU ARE FURTHER NOTIFIED that the Company provided notice of its purchase
and the Application for a CPCN to customers on October 25, 2022. Id. at Attachment 22.
YOU ARE FURTHER NOTIFIED that the Application and supporting documentation
have been filed with the Commission and are available for public inspection during regular
business hours at the Commission’s office. These documents are also available on the

1 On September 21, 2022, BVL Farms LLC, an Idaho limited liability company, became associated with the assumed
business name “Atomic Water Works” according to records on the Idaho Secretary of States’ website.
https://sosbiz.idaho.gov/search/business. This assumed business name was previously associated with Vickie O’Haro
and Blake Lyle. Id. Based on the records on the Idaho Secretary of States’ website there is a lack of clarity on who
owns and operates the water system serving customers in Atomic City, Idaho, an individual or a legal entity.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35698 2
Commission’s website at www.puc.idaho.gov. Click on the “WATER” icon, select “Open Cases,”
and click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over the
Company, its filing, and the issues pertaining to this case pursuant to Title 61 of the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter to
obtain parties’ rights of participation must file a Petition to Intervene with the Commission
pursuant to Commission Rules of Procedure 71-73, IDAPA 31.01.01.072 and .073. Persons who
wish to intervene as a party must file a Petition to Intervene no later than 21 days after the
date of service of this Order. Such persons shall also provide the Commission Secretary with
their email address to facilitate further communications. After the intervention deadline runs, the
Commission Secretary shall issue a Notice of Parties that identifies the parties and assigns exhibit
numbers to each party. Once the Notice of Parties has been issued, Commission Staff shall confer
with the Company and any intervening parties about how to further process this case and shall then
report back to the Commission on a proposed case schedule.
YOU ARE FURTHER NOTIFIED that persons who would like to present their views
without parties’ rights of participation and cross-examination do not have to intervene but may
present their views by submitting written comments to the Commission.
YOU ARE FURTHER NOTIFIED that the following person is designated as the
Company’s representative in this matter:
Vickie O’Haro
Atomic Water Works
1772 N 2650 W
Atomic City, ID 83215
[e-mail]

ORDER
IT IS FURTHER ORDERED that persons desiring to intervene in this case for the
purpose of obtaining parties’ rights of participation must file a Petition to Intervene with the
Commission, under Rules 71-73, IDAPA 31.01.01.071-.073, no later than 21 days after the service
date of this Order.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35698 3
IT IS FURTHER ORDERED that, after the Secretary issues a Notice of Parties, Staff
will informally confer with the parties to discuss the appropriate scheduling of this case.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April
21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 9th day
of March 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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