20210326Notice_of_Application_Order_No_34977.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34977 1

Office of the Secretary
Service Date
March 26, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On March 1, 2021, Gem State Water Company, LLC requested the Commission
approve its purchase of Troy Hoffman Water Corporation, Inc.’s assets and the transfer of
Certificate of Public Convenience and Necessity (“CPCN”) No. 280 from Troy Hoffman Water to
Gem State Water.
The Commission now issues Notice of Modified Procedure and sets deadlines for
interested persons to comment on the Application, and for Gem State Water to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Gem State Water and Troy Hoffman Water
entered into an Asset Purchase Agreement on December 18, 2020. The Asset Purchase
Agreement, if approved by the Commission, will transfer all of Troy Hoffman Water’s real
property and personal property, including water rights, to Gem State Water.
YOU ARE FURTHER NOTIFIED that Troy Hoffman Water is a regulated water
utility that serves approximately 147 residential customers in Kootenai County, Idaho under CPCN
No. 280. Gem State Water serves customers near Troy Hoffman Water’s service territory.
YOU ARE FURTHER NOTIFIED that Gem State Water does not seek to change rates,
rate structure, or other charges with this Application. Gem State Water states that any future
changes would be based on prudently incurred capital expenditures and other accepted ratemaking
principles.
YOU ARE FURTHER NOTIFIED that Gem State Water states it intends to work with
Commission Staff before and during future rate proceedings to consider consolidating the rates,
rate structure, and other charges for Gem State Water and Troy Hoffman Water customers.
IN THE MATTER OF GEM STATE WATER
COMPANY’S APPLICATION FOR
APPROVAL OF ACQUISITION OF THE
ASSETS OF THE WATER BUSINESS OF
TROY HOFFMAN WATER CORPORATION
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CASE NO. GSW-W-21-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 34977
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34977 2

YOU ARE FURTHER NOTIFIED that Gem State Water states its employees will
assume the roles previously undertaken by Troy Hoffman Water’s contractors.
YOU ARE FURTHER NOTIFIED that the Application is 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 case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code and specifically Idaho
Code §§ 61-501 to 61-503.
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 MODIFIED PROCEDURE
YOU ARE FURTHER 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 Rules 201 through 204 of the 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 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 June 15, 2021 to file written comments. Comments must
be filed through the Commission website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s home page at 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, the customer must e-mail the comments to the e-mail
addresses listed below. In addition to submitting the comments to the Commission Secretary, the
customer must also e-mail the Company at the e-mail addresses listed below. If computer access is
unavailable, then comments may be mailed to the Commission and Company at these addresses:

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34977 3

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 Gem State 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 St.
Portland, Oregon 97204

E-mail: [e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
June 29, 2021.
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.
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 June 15, 2021. The Company must file any reply comments by June 29,
2021.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34781, issued September 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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34977 4

DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 26th day
of March 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\WATER\GSW-W-21-01\Order\GSWW2101_ntc app mod proc_ej.docx