20240213Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: DAYN HARDIE
DEPUTY ATTORNEY GENERAL

DATE: FEBRUARY 13, 2024

SUBJECT: IN THE MATTER OF AVIMOR’S FORMAL COMPLAINT AGAINST
VEOLIA WATER IDAHO; CASE NO. VEO-W-23-03.

On October 10, 2023, Avimor, through its General Manager Brad Pfannmuller, (“Avimor”
or “Complainant”), lodged 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”)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 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.

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.
DECISION MEMORANDUM 2
On February 5, 2024, Avimor filed a Notice of Withdrawal of Formal Complaint indicating
that it had withdrawn its complaint.
RECOMMENDATION
Staff Recommends the Commission issue a Notice of Withdrawal and close the docket.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Withdrawal and close the docket?

______________________________
Dayn Hardie
Deputy Attorney General

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