20120425notice_of_application_order_no_32539.pdf

Office ofthe Secretary
Service Date
April 25.2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF BRIAN WATER CORPORATION FOR )CASE NO.BRN-W-12-O1
AUTHORITY TO INCREASE ITS RATES )
AND CHARGES FOR WATER SERVICE )NOTICE OF APPLICATION
)
)NOTICE OF
)MODIFIED PROCEDURE
)
________________________________
)ORDER NO.32539
YOU ARE HEREBY NOTIFIED that on March 7,2012,Brian Water Corporation
(“Brian Water”or “Company”)filed an Amended Application requesting authority to institute a
customer assessment in order to fund a water system study to bring the Company into
compliance with a consent order issued by the Idaho Department of Environmental Quality
(IDEQ).
YOU ARE FURTHER NOTIFIED that on April 12,2012,the Commission received
a copy of the IDEQ consent order.
YOU ARE FURTHER NOTIFIED that Brian Water’s Amended Application requests
a $22.50 increase in the monthly base rate in order to pay for “Nitrate Mitigation”as ordered by
the DEQ.Brian Water states that the additional funds will be used to pay the engineering fee
and then pay for a new,deeper well.
YOU ARE FURTHER NOTIFIED that the Company’s Amended Application
includes a letter of agreement from a licensed professional engineering firm,JCLC,LLC,to
complete the engineering work for the nitrate mitigation plan mandated by the IDEQ.
YOU ARE FURTHER NOTIFIED that the Company has proposed a May 1,2012
effective date.
YOU ARE FURTHER NOTIFIED that Brian Water’s revenue requirement,and
every component of it,both rate base and expense,are at issue.The Commission may grant,
deny,or modif’the revenue requirement requested and may find a revenue requirement different
from that proposed by any party is just,fair and reasonable.IDAPA 31.01 .01.124.01.
YOU ARE FURTHER NOTIFIED that the rates and charges of all Idaho retail
customers,both recurring and non-recurring,including those of any special contract customers
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32539 1
are at issue.and every component of every existing and proposed rate and charge is at issue.The
Commission may approve,reject or modify the rates and charges proposed and may find that
rates and charges different from those proposed by any party are just,fair and reasonable.
IDAPA 3 1.01.01.124.02.
YOU ARE FURTHER NOTIFIED that the Commission may approve,reject or
modify existing or proposed relationships between and among rates and charges within,between
or among customer classes or rate groupings and may approve,reject or modify existing or
proposed relationships among and between customer classes or rate groupings.IDAPA
31.01.01.124.02.
YOU ARE FURTHER NOTIFIED that the Commission may abolish,reduce or
create rate blocks or categories of rates and charges.abolish,create or reduce components of
rates and charges.abolish,reduce or create customer classes or rate groupings,and abolish
reduce or create absolute or relative differences among and between existing classes or rate
groupings of customers.iDAPA 31.01.01.124.02.
YOU ARE FURTHER NOTIFIED that the tariffs,practices,rules and regulations,
service,instrumentalities,equipment,facilities,classifications,and customer relations of the
utility are at issue and the Commission may address any of them in its order.IDAPA
31.01.01.124.02.
YOU ARE FURTHER NOTIFIED that the Commission Staff shall conduct an audit
of the Company’s Application,work papers and all documents and files relevant to this matter.
Following such audit,the Staff shall present to the Commission its findings and
recommendations.After reviewing the Staffs audit and recommendations,the Commission will
issue an Order regarding the further processing of this case.
YOU ARE FURTHER NOTIFIED that the Idaho Public Utilities Commission has
jurisdiction over Brian Water,its filing and the issues pertaining to this case pursuant to Title 61
of the Idaho Code and specifically Idaho Code 61-502,61-622 and 6 1-623.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.0l.000et seq.
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ORDER NO.32539 2
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the Company’s
filing,Case No.BRN-W-12-01,and finds that the public interest may not require a formal
hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through
204 of the Idaho Public Utilities Commission’s Rules of Procedure,IDAPA 31.01.01.201
through .204.The Commission notes that Modified Procedure and written comments have
proven to be an effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position
concerning Brian Water’s Application in Case No.BRN-W-12-01 may file a written comment in
support or opposition with the Commission within twenty-one (21)days from the date of this
Notice.The comment must contain a statement of reasons supporting the comment.Persons
desiring a hearing must specifically request a hearing in their written comments.Written
comments concerning this filing should be mailed to the Commission and Brian Water at the
addresses reflected below:
Commission Secretary Tony Bowar
Idaho Public Utilities Commission Brian Water Corporation
P0 Box 83720 5120 Overland Road,Suite C #228
Boise,ID 83720-0074 Boise,ID 83704
Street Address for Express Mail:
472 W.Washington Street
Boise,ID 83702-5918
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the “Comments and Questions”
icon,and complete the comment form,using the case number as it appears on the front of this
document.
YOU ARE FURTHER NOTIFIED that Brian Water’s filing can be viewed at
www.puc.idaho.gov by clicking on “File Room”and then “Water Cases,”or it can be viewed
during regular business hours at the Idaho Public Utilities Commission,472 West Washington
Street,Boise,Idaho.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32539 3
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set,the Commission will consider this matter on its merits and
enter its Order without a formal hearing.If written comments are received within the time limit
set,the Commission will consider them and,in its discretion,may set the same for formal
hearing.
ORDER
IT IS HEREBY ORDERED that the Amended Application of Brian Water
Corporation for authority to increase its rates and charges for water service shall be suspended
for a period of 30 days plus 5 months pursuant to the Commission’s authority under Idaho Code
§61-622.
IT IS FURTHER ORDERED that the Application of Brian Water Corporation shall
be processed through Modified Procedure,IDAPA 31.01.01.201-204.Persons interested in
submitting written comments in this matter must do so no later than 21 days from the service
date of this Order.
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ORDER NO.32539 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 6
day of April 2012.
PAUL KJELLANDE,PRESIDEiJT
MACK A.REDFMMISONER
6L&2 t/k
MARSHA H.SMITH,COMMISSIONER
ATTEST:
1
/J
Jean D.JewelYJ
Commission Secretary
0:BRN-W-12-Olnp
NOTICE OF APPLICATION
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ORDER NO.32539 5