20231109Order_No_35991.pdf

ORDER NO. 35991 1

Office of the Secretary
Service Date
November 9, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF AVIMOR’S FORMAL
COMPLAINT AGAINST VEOLIA WATER
IDAHO, INC.

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CASE NO. VEO-W-23-03

ORDER NO. 35991

On October 10, 2023, Avimor, through its General Manager Brad Pfannmuller, (“Avimor”
or “Complainant”), lodged a formal complaint against Veolia Water Idaho, Inc. (“Veolia” or
“Company”) contending that a 2016 agreement for extension of water service to Lot 23 Block 12
of Avimor Subdivision No. 5 (“2016 Agreement”) between Suez Water Idaho (“SUEZ”)1 and
Avimor should be honored by Veolia (“Complaint”). The Complainant stated that the plan Veolia
now proposes includes a main line extension down McLeod Rd. that is different and would cost
more than anticipated in the 2016 Agreement. This represents a financial burden to the school
which is anticipated to be constructed there by fall 2024. Among several exhibits included with
the Complaint, the Complainant referenced Exhibit A (the 2016 Agreement) but did not include
Exhibit A.
On October 16, 2023, Avimor filed a Notice of Representation, informing the Commission
that Norman Semanko would be representing Avimor in this matter, and an errata to the formal
complaint (“Errata”). The Errata contained the 2016 Agreement between SUEZ and Avimor.
On October 19, 2023, the Commission issued a Summons and Complaint directing the
Company to respond to the Complaint within 21 days of the service date.2
On November 3, 2023, the Company informally requested a seven-day extension to
respond to the Summons and Complaint. The Company cited a conflict of interest with its regular
counsel necessitating additional time to retain outside counsel to respond.
On November 6, 2023, Complainant, through its counsel, informally communicated it
would take no position on the Company’s request but did iterate that this matter is very important
to Avimor and resolution of the matter should not be drawn out to its detriment.

1 In Order No. 35443, the Commission approved Veolia’s Application to approve the name change of Suez Water
Idaho, Inc. to Veolia Water Idaho, Inc.
2 The Company received the Summons and Complaint on October 23, 2023, according to the registered mail receipt
from USPS. This would make the response due by November 13, 2023.
ORDER NO. 35991 2

On November 6, 2023, Staff, through its counsel, presented the Company’s request for an
extension to the Commission noting that neither Staff nor Avimor were taking a position on the
Company’s response.
ORDER
IT IS HEREBY ORDERED that the Company’s request for an extension of one week to
respond to the Complaint lodged against it by Avimor is granted. The Company is directed to file
its answer by November 20, 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
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 9th day of
November 2023.

_________________________________________
ERIC ANDERSON, PRESIDENT

_________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

_________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

VEOW2303_ext answer_dh.docx