20230511Notice_of_Modified_Procedure_Order_No_35779.pdf

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35779 1
Office of the Secretary
Service Date
May 11, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF GEM STATE WATER
COMPANY, LLC’S APPLICATION FOR
APPROVAL OF THE ACQUISITION OF
THE ASSETS OF THE WATER BUSINESS
OF VALIANT IDAHO, LLC
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CASE NO. GSW-W-23-01

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35779

On February 6, 2023, Gem State Water Company, LLC, (“Company” or “Gem State”)
applied for Commission approval of its acquisition of the assets of the water supply system of
Valiant Idaho, LLC (“Valiant”) and TIC Utilities, LLC (“TIC”) (collectively the “Selling Parties”).
Application, 1. The Company requests the Idaho Public Utilities Commission (“Commission”)
find this transaction consistent with the public interest and amend its Certificate of Public
Convenience and Necessity (“CPCN”) No. 2931 to include the service areas of the Selling Parties
or issue a new CPCN authorizing the Company to provide water service to the areas served by the
Selling Parties. Id. at 1, 6, 8.
On February 27, 2023, the Commission issued a Notice of Application, and Notice of
Intervention Deadline. Order No. 35690. No one intervened.
With this Order, the Commission now establishes comment deadlines for interested
persons and the Company’s reply.
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 it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
Public Utilities Commission’s Rules of Procedure, 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 they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments.

1 Gem State operates water systems under CPCN No. 293 that were previously owned by Spirit Lake East Water
Company and Lynnwood Water.
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35779 2
Persons shall have until June 22, 2023, to file written comments. 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 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 Commission
Secretary and 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:
For the Idaho PUC:

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 Gem State Water Company:

Preston N. Carter
Rebecca M. Fitz
Givens Pursley LLP
601 W. Bannock St.
Boise, ID 83702
[e-mail]
[e-mail]
[e-mail]

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

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
July 6, 2023.
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.
ORDER
IT IS HEREBY ORDERED that the Company’s Application be processed by Modified
Procedure. Persons interested in submitting written comments must do so by June 22, 2023. The
Company must file any reply comments by July 6, 2023
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 MODIFIED PROCEDURE
ORDER NO. 35779 3
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 11th day
of May 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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