20240223Notice_of_Application_Order_No_36097.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36097 1
Office of the Secretary
Service Date
February 23, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF FALLS WATER CO., INC. FOR
APPROVAL OF A REPLACEMENT WELL
FOR ITS MORNING VIEW SYSTEM
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CASE NO. FLS-W-24-01

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 36097

On January 31, 2024, Falls Water Co., Inc. (“Company”) filed an application
(“Application”) with the Idaho Public Utilities Commission (“Commission”) seeking approval of
a replacement well to serve customers within the Company’s recently acquired Morning View
Water Company water system.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company represents that in 2020, the Company
filed an application seeking the Commission’s approval of the acquisition of the assets of Morning
View Water Company. Application at 2. The Company states that after acquiring Morning View
Water Company’s assets, the Company conducted a review of system needs and contracted with
Aspen Engineering to complete a Facility Plan for the system. Id.
YOU ARE FURTHER NOTIFIED that the Company represents that the Facility Plan
indicates that a new backup well for the system is needed “immediately” to ensure sufficient water
supply if the primary well fails. Id. The Company states that it believes that installing a new well
and related infrastructure (collectively, the “Project”) for the Morning View Water Company
system is reasonable, necessary, and in the public interest. Id. at 3. The Company estimates that
the total cost of the Project will be between $300,000 and $350,000. Id. at 4.
YOU ARE FURTHER NOTIFIED that the Application is available for public inspection
during regular business hours at the Commission’s office. The Application is also available on the
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 all proceedings in this case will be held pursuant
to the Commission’s jurisdiction under Title 61 of the Idaho Code, and that all proceedings in this

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36097 2
matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000
et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to the Commission’s Rules of Procedure 201-204, IDAPA 31.01.01.201-.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 and explain why written comments alone are insufficient. Persons interested in filing
written comments must do so by April 24, 2024. Comments must be filed through the
Commission’s website or by e-mail unless computer access is unavailable. To comment
electronically, please access the Commission’s website at http://www.puc.idaho.gov/. Click the
“Case Comment Form” and complete the form using the case number as it appears on the front of
this document.
To file by e-mail, persons must e-mail the comments to the Commission Secretary and all
parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
their name, address, and the Case Number under which they are commenting. Persons submitting
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101(13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the Parties at the addresses below. Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record
under Idaho Code § 74-101(13), and all information provided by such person is available for public
and media inspection.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36097 3
For the Idaho Public Utilities
Commission:

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

Street Address for Express Mail:

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

For the Company:

Preston N. Carter
Morgan D. Goodin
Givens Pursley LLP
601 W. Bannock St.
Boise ID 83702
[e-mail]
[e-mail]
[e-mail]

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

K. Scot Bruce
Falls Water Company, Inc.
2180 North Deborah Drive
Idaho Falls, ID 83401
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
May 8, 2024.
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 final
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 Application be processed by Modified Procedure,
Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written comments must
do so by April 24, 2024. The Company must file any reply comments by May 8, 2024.
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

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36097 4
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 23rd day of
February 2024.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER
ATTEST:

Monica Barrios-Sanchez
Commission Secretary
I:\Legal\WATER\FLS-W-24-01_MV well\orders\FLSW2401_Ntc_App_Mod_cb.docx