20240813Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: TRAVIS CULBERTSON
CHRIS BURDIN, DEPUTY ATTORNEY GENERAL
DATE: AUGUST 13, 2024
SUBJECT: INVESTIGATION INTO BUCKSKIN PROPERTIES, INC., OWNER OF A
WATER SUPPLY AND DISTRIBUTION SYSTEM
Buckskin Properties, Inc., also known as Meadows at West Mountain, ("Company") is a
private water utility located in Valley County near Donnelly, Idaho. The Company provides water
to two hundred and fourteen (214) connections. The Company is not currently regulated by the
Idaho Public Utilities Commission ("Commission") and does not possess a Certificate of Public
Convenience and Necessity. Based on Commission Staff s ("Staff') review of information
provided by the Company, Staff believes that a formal investigation is necessary to review whether
the Company is operating as a public utility that should be regulated by the Commission. Staff
recommends that the Commission open a docket initiating a formal investigation to review whether
the Company should be regulated, and if so, recommend further action to comply with applicable
laws.
BACKGROUND
On August 29,2022, Staff sent a letter to the Company indicating that Staff had information
that the Company may be operating as an unregulated public utility within the State of Idaho. Over
the course of twenty-three (23) months, Staff and the Company held meetings to exchange
information.
On June 14, 2024, Staff sent a letter to the Company's address on file. The letter stated
that Staff may request that the Commission open a formal docket to review whether the Company
is subject to the Commission's regulatory jurisdiction. On June 24, 2024, the letter was returned
DECISION MEMORANDUM 1 AUGUST 13, 2024

as undeliverable. On June 26, 2024, Staff re-sent the letter to an entity located in Meridian, ID,
that performs billing and other necessary business functions for the Company. As of August 2,
2024, the Company has not responded to the letter, nor has the Company responded to Staff s
subsequent emails and phone calls.
STAFF RECOMMENDATION
Based on the available information, Staff believes there is evidence to merit a formal
investigation to determine whether the Company is operating as a public utility subject to the
Commission's regulatory jurisdiction. An investigation would include discovery requests to the
Company, an examination of the Company's financial records, and conclude with a Staff
recommendation to the Commission for further action, if any.
COMMISSION DECISION
Does the Commission wish to open an investigation to review whether Buckskin
Properties, Inc., should be regulated by the Commission, and direct Staff to submit a
recommendation after the review is complete?
Chris Burdin
Deputy Attorney General
DECISION MEMORANDUM 2 AUGUST 13, 2024