20200909Notice_of_Application_Order_No_34774.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34774 1

Office of the Secretary
Service Date
September 9, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On July 31, 2020, Falls Water Co., Inc. (“Falls Water”) applied for Commission
approval of Falls Water’s acquisition of the water system assets of Morning View Water Company
(“Morning View”). Falls Water also asked for approval to transfer Morning View’s certificate of
public convenience and necessity (“CPCN”) to Falls Water.
The Commission now issues this Notice of Application and Notice of Modified
Procedure setting comment and reply deadlines. The Commission also issues notice of a public
workshop and a public hearing regarding this Application.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Falls Water is a Commission-regulated water
corporation holding CPCN No. 236. Falls Water has operated a water system near Idaho Falls
since 1958, and serves about 5,500 customers. Falls Water is a direct subsidiary of NW Natural
Water of Idaho, LLC, which through its parent companies is owned by NW Natural Holdings.
YOU ARE FURTHER NOTIFIED that Morning View is a Commission-regulated
water corporation serving about 118 residential customers under CPCN No. 314. Morning View’s
service territory is in and around Rigby and is about 9 miles from Falls Water’s office location.
YOU ARE FURTHER NOTIFIED that under the proposed transaction, Falls Water
will acquire Morning View’s water system assets. Falls Water states that its employees will operate
the Morning View water system.
IN THE MATTER OF FALLS WATER CO.,
INC.’S APPLICATION FOR APPROVAL OF
ACQUISITION OF THE ASSETS OF
MORNING VIEW WATER COMPANY
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CASE NO. FLS-W-20-04

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

NOTICE OF PUBLIC
WORKSHOP

NOTICE OF PUBLIC HEARING

ORDER NO. 34774
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34774 2

YOU ARE FURTHER NOTIFIED that on July 2, 2020, Falls Water and Morning View
signed an Agreement governing the transaction. The Agreement is conditioned upon Commission
approval of all requests in the Application.
YOU ARE FURTHER NOTIFIED that Falls Water asserts it “is not requesting any
change to rates, rate structure, or other charges in this Application,” and that “[a]ny future changes
will be based on prudently incurred capital expenditures and other accepted ratemaking
principles.” Application at 4.
YOU ARE FURTHER NOTIFIED that Falls Water requests CPCN No. 314 be
transferred to Falls Water.
YOU ARE FURTHER NOTIFIED that Falls Water submits with its Application the
written testimony of Justin Palfreyman, President of Falls Water.
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
Commission’s web site 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 all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code, specifically Idaho
Code §§ 61-501 to 61-503. The Commission may enter any final Order consistent with its authority
under Title 61.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Commission’s Rules of Procedure. See 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 persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments. Persons shall have until October 15, 2020 to file written comments. Comments
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34774 3

must be filed by e-mail unless e-mail is unavailable. To comment by e-mail, please access the
Commission’s home page at www.puc.idaho.gov. Click the “Consumers” tab and then “Case
Comment Form” and complete the form using the case number as it appears on the front of this
document. Comments filed by e-mail must also be e-mailed to the Company at the e-mail addresses
listed below. If e-mail is unavailable, then comments may be mailed to the Commission and
Company at these addresses:
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
E-mail: [e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714

For Falls Water:

Preston N. Carter
Charlie S. Baser
Givens Pursley LLP
601 W. Bannock St.
Boise, ID 83702
E-mail: [e-mail]
[e-mail]
[e-mail]

Eric W. Nelsen
Senior Regulatory Attorney
NW Natural
250 SW Taylor Street
Portland, OR 97204
E-mail: [e-mail]

YOU ARE FURTHER NOTIFIED that Falls Water must file any reply comments by
October 29, 2020.
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.
NOTICE OF PUBLIC WORKSHOP
YOU ARE FURTHER NOTIFIED that the Staff will hold a telephonic, public,
informational workshop for customers taking water service from Morning View or Falls Water
on WEDNESDAY, SEPTEMBER 30, 2020, AT 6:00 PM (MDT). The purpose of the
workshop is to provide customers with an overview of the Application and Staff’s analysis
regarding how Falls Water’s acquisition of Morning View’s water system will impact each water
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34774 4

corporations’ customers. At the workshop, customers may ask Staff about the Application and
how customers may further participate in the proceeding. Falls Water representatives will also
be available. To participate, interested persons can call 1-415-655-0001 and enter access code
133 427 6105.
YOU ARE FURTHER NOTIFIED that interested persons may also participate in the
telephonic customer workshop online by visiting idahogov.webex.com, and entering 133 427
6105. At the next window, participants should enter their name, e-mail address, and the password
WednesdayHearing.
NOTICE OF PUBLIC HEARING
YOU ARE HEREBY NOTIFIED that the Commission’s Rules of Modified Procedure
contemplate that a case will be processed by written submissions without the need for a public
hearing. However, the Commission finds good cause to schedule a public hearing in this case
because of the significant impact to Morning View’s customers if Falls Water’s Application is
approved.
YOU ARE FURTHER NOTIFIED that the Commission will conduct a public
telephonic customer hearing in this matter on WEDNESDAY, OCTOBER 7, 2020, AT 6:00 PM
(MDT). The purpose of the public hearing is to take testimony from members of the public and
customers of Morning View and Falls Water. To participate, interested persons can call 1-800-
920-7487 shortly before the designated time, and enter the passcode 6674832# when prompted.
Those planning on testifying are encouraged to start calling into the hearing at 5:30 p.m. (MDT).
YOU ARE FURTHER NOTIFIED that in order to identify callers and manage the
hearing efficiently, persons interested in testifying at the public hearing are encouraged to contact
Adam Rush at [e-mail] or at 1-208-334-0339 and provide their name and the
telephone number on which they will be calling in to the hearing. Persons wishing to testify are
encouraged to contact Mr. Rush with this information no later than 4:00 p.m. (MDT) on
Wednesday, Oct. 7, 2020.
YOU ARE FURTHER NOTIFIED that the telephonic hearing will meet accessibility
requirements of the Americans with Disabilities Act. Persons needing the help of a sign language
interpreter or other assistance in order to participate in or to understand testimony at a public
hearing may ask the Commission to provide a sign language interpreter or other assistance at the
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34774 5

hearing. The request for assistance must be received at least five working days before the hearing
by contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
P.O. BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
[e-mail]

O R D E R
IT IS HEREBY ORDERED that the Company’s Application be processed by Modified
Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so by October 15, 2020. Falls Water must file any reply comments by October
29, 2020.
IT IS FURTHER ORDERED that Commission Staff hold a telephonic, public,
informational, customer workshop on Wednesday, September 30, at 6:00 p.m. MDT, as noted
above.
IT IS FURTHER ORDERED that the Commission will hold a telephonic public
hearing on Wednesday, October 7, at 6:00 p.m. MDT.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34602, issued March 17, 2020. All pleadings should be filed with the Commission electronically
and shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02.
Service between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34774 6

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 9th
day of September 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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