20230316Order_No_35708.pdf

ORDER NO. 35708 1

Office of the Secretary
Service Date
March 16, 2023

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF GEM STATE WATER
COMPANY LLC’S APPLICATION FOR AN
ORDER AUTHORIZING AN INCREASE IN
ITS RATES AND CHARGES FOR WATER
SERVICE IN THE STATE OF IDAHO
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CASE NO. GSW-W-22-01

ORDER NO. 35708

On July 21, 2022, Gem State Water Company, LLC (“Company” or “Gem State”) applied
to the Idaho Public Utilities Commission (“Commission”) for authorization to increase its rates
and charges for water service.
On March 1, 2023, the Commission issued Order No. 35692 approving an annual revenue
requirement for the Company of $789,004 and a corresponding rate design. Order No. 35692 at
16, Attachment 2, “Gem State Water, Approved Rates.” The Commission directed the Company
to “submit tariffs in compliance with the rates and charges identified in this Order no later than
fourteen (14) days from the service date of this Order”—that is, by March 15, 2023. Order No.
35692 at 16.
On March 13, 2023, the Company submitted a “Petition for Clarification or
Reconsideration” (“Petition”) explaining that “calculations related to taxes were not adjusted” in
Order No. 35692. Petition at 1. As a result of this “oversight,” the Company explained that the
Commission’s approved revenue requirement was incorrectly calculated. Id. at 2.
On March 13, 2023, Staff and the Company filed a joint motion to Extend the Deadline to
File Conforming Tariffs and for Procedural Relief (“Motion”), which the Commission granted on
the record at its March 14, 2023, Decision Meeting.
COMMISSION FINDINGS
The Commission has jurisdiction over “every corporation or person, their lessees, trustees,
receivers or trustees, appointed by any court whatsoever, owning, controlling, operating or
managing any water system for compensation within this state.” Idaho Code § 61-125. A “water
corporation” as defined in Idaho Code § 61-125 is a “public utility” as defined by Idaho Code §
61-129. The Commission may, by order, alter or amend any “decision made by it[,]” Idaho Code
§ 61-624, and excuse any public utility from complying with a requirement of an order or stay or
postpone the enforcement of an order. Idaho Code § 61-626(3)

ORDER NO. 35708 2
The Commission finds that staying the part of Order No. 35692 directing the Company to
submit conforming tariffs until after the Commission makes a final determination on the
Company’s Petition is reasonable and efficient. The Commission notes that all the parties support
extending the deadline.
O R D E R
IT IS HEREBY ORDERED that the Motion is granted. The part of Order No. 35692
directing the Company to submit conforming tariffs by March 15, 2023, is stayed pending a
subsequent Commission order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 16th day of
March 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\WATER\GSW-W-22-01\orders\GSWW2201_order grant ext_rncb.docx