HomeMy WebLinkAbout20240223Final_Order_No_36096.pdfORDER NO. 36096 1
Office of the Secretary
Service Date
February 23, 2024
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. 36096
On October 10, 2023, Avimor1, through its General Manager Brad Pfannmuller, (“Avimor”
or “Complainant”), filed a formal complaint against Veolia Water Idaho (“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”)2 and Avimor should
be honored by Veolia (“Complaint”). The Complainant stated that the plan Veolia now proposes
includes a main line extension down McLeod Road that is different and would cost more than
anticipated in the 2016 Agreement. Avimor asserts this is 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 attorney, 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 November 22, 2023, Staff’s counsel notified the Commission Secretary pursuant to
Rule of Procedure 272, IDAPA 31.01.01.272, that it had entered into settlement negotiations with
the parties.
On February 5, 2024, Avimor filed a Notice of Withdrawal of Formal Complaint indicating
that it had withdrawn its complaint.
At the Commission’s February 13, 2024, Decision Meeting, Staff presented a Decision
Memorandum recommending the Commission issue a Notice of Withdrawal and close the docket.
1 Avimor filed the formal complaint in this case on behalf of Idaho Novus Classical Academy (“INCA”) which would
be the party responsible for the costs associated with the line extension. Avimor donated the land which INCA will
build its school on.
2 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.
ORDER NO. 36096 2
Having reviewed the record in this case, including Avimor’s Notice of Withdrawal, we
now issue this Order memorializing Avimor’s withdrawal.
COMMISSION DISCUSSION AND FINDINGS
The Commission has authority over this case under Idaho Code §§ 61-125, and -129 and
Commission Rules of Procedure 54, IDAPA31.01.01.054. The Commission accepts Avimor’s
Notice of Withdrawal. We note that the resolution of the formal Complaint was not filed with the
Commission and occurred outside of any process established by the Commission or its Staff. We
welcome the resolution of this Complaint between the parties and trust that the public interest is
served by the outcome of such resolution.
ORDER
IT IS HEREBY ORDERED that Avimor’s Notice of Withdrawal is accepted.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within 21-days of the service date of this Order regarding any matter decided in
this Order. Within seven (7) days after any person has petitioned for reconsideration, any other
person may cross-petition for reconsideration. See Idaho Code § 61-626.
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
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