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HomeMy WebLinkAbout20240906Order_For_Investigation_Order_No_36308.pdf Office of the Secretary Service Date September 6,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION INVESTIGATION INTO BUCKSKIN ) CASE NO. BPI-W-24-01 PROPERTIES, INC., OWNER OF A WATER ) SUPPLY AND DISTRIBUTION SYSTEM ) ORDER FOR INVESTIGATION ORDER NO. 36308 Buckskin Properties, Inc., also known as Meadows at West Mountain, ("Company") is a 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 ("CPCN"). At the Commission's August 13, 2024, Decision Meeting, Commission Staff ("Staff") presented a decision memorandum recommending the Commission open a docket to formally investigate whether the Company is operating as a public utility that should be regulated by the Commission. Staff based this recommendation on information provided by the Company. COMMISSION FINDINGS AND DECISION Considering the uncertainty surrounding the Company's regulatory status,the Commission finds it reasonable to investigate the Company pursuant to its statutory authority and jurisdiction under the Idaho Public Utilities Law, specifically Idaho Code § 61-501 et seq. The purpose of this investigation is to determine whether the Company should be a regulated utility under the Idaho Code. Staff s investigation should include whether the Company is a public utility that should be directed to apply for a CPCN, and what further steps, if any, the Company should take to comply with Idaho law. ORDER IT IS HEREBY ORDERED that Staff shall investigate the status of the Company, and Staff shall file written comments making recommendations to the Commission for any further action that may be necessary. Staff may issue production requests,written interrogatories or other forms of discovery and pursue its statutory right to examine and audit the records of the Company as they relate to the sale of water. IT IS FURTHER ORDERED that the Company shall cooperate with Staff s investigation. ORDER NO. 36308 1 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 6th day of September 2024. ERIC ERS N, PRESIDENT JO HAMMOND JR., COMMISSIONER ED AR"LOD�GE, SIONER ATTEST: 4 MoivfcWarrio kxzo� Commission Secretary 1 ALegahWATER\BPI-W-24-01_Invest\orders\BPI W2401_Ntc_Invest_cb.docx ORDER NO. 36308 2