20220523Final_Order_No_35409.pdf

ORDER NO. 35409 1
Office of the Secretary
Service Date
May 23, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

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

ORDER NO. 35409

On July 31, 2020, Falls Water Co., Inc. (“Company”) applied for Commission approval
of the Company’s acquisition of the water system assets of Morning View Water Company
(“Morning View”). The Company also asked for approval to transfer Morning View’s certificate
of public convenience and necessity (“CPCN”) to Falls Water.
On September 9, 2020, the Commission issued a Notice of Application and Modified
Procedure.
On October 7, 2020, the Commission held a telephonic customer hearing. No customers
attended the hearing. Staff filed written comments, and the Company filed reply comments. No
customer comments were filed.
On November 13, 2020, the Commission approved the Company’s acquisition of
Morning View and the transfer of Morning View’s CPCN to the Company. Order 34833. The
Company was directed to work with Staff in filing a tariff combining former Morning View service
territory customers and the Company’s existing customers.
On May 6, 2022, the Company filed conforming tariffs—Schedule Five and Six—that
included a new schedule for previous Morning View service territory customers.
On May 10, 2022, Staff submitted a Decision Memorandum recommending the
Commission accept the Company’s tariffs as filed and cancel Morning View’s tariffs, effective
immediately.
COMMISSION DECISION AND FINDINGS
The Commission has jurisdiction over this matter and the issues in this case under Title
61 of the Idaho Code. Specifically, the Commission regulates “public utilities,” including “water
corporations” that serve the public or some portion thereof for compensation. See Idaho Code §§
61-125, -129, and -501.
ORDER NO. 35409 2
We find that the Company complied with our directive in Order No. 34833. We accept
the Company’s tariffs as filed and find that Morning View’s tariffs shall be canceled, effective
immediately
ORDER
IT IS HEREBY ORDERED that the Company’s Tariffs—Schedule Five and Six—are
accepted and Morning View’s tariffs are canceled, effective immediately.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within 21 days of the service date of this Order. Within seven days after any person
has petitioned for reconsideration, any other person may cross-petition for reconsideration. See
Idaho Code § 61-626.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 23rd day
of May 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

FLSW2004_compliance_final_rn