20240827Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

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

FROM: MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL

DATE: AUGUST 27, 2024

SUBJECT: IN THE MATTER OF CDS STONERIDGE UTILITIES, LLC’S
APPLICATION FOR AUTHORITY TO INCREASE ITS RATES AND
CHARGES FOR WATER SERVICE IN THE STATE OF IDAHO; CASE
NO. SWS-W-24-01.

On February 28, 2024, CDS Stoneridge Utilities, LLC (“Company” or “Stoneridge”)
applied for authorization to increase its rates and charges for water service (“Application”). The
Company made a separate supplemental filing requesting an April 1, 2024, effective date.1
On March 13, 2024, the Idaho Public Utilities Commission (“Commission”) issued a
Notice of Application, Notice of Intervention Deadline, and Notice of Suspension of Proposed
Effective Date. Order No. 36116. The Stoneridge Property Owners Association, Inc. (“SPOA”),
the Stoneridge Recreational Club Condominium Owners Association, Inc. (“SRCCOA”), and an
individual, Randolph Garrison, pro se, petitioned to intervene (collectively the “Intervenors”).
Order Nos. 36144 and 36163.
On May 28, 2024, the Commission issued a Notice of Modified Procedure establishing
public comment and Company reply deadlines and Notice of Public Workshops. Order No. 36192.
The Commission Staff (“Staff”) held two public workshops on June 4, 2024, in Blanchard, Idaho
that were well attended by the Company’s customers.
On June 10, 2024, Mr. Garrison filed two motions. The first requested that the Commission
order the Company (or the Commission Secretary should the Company fail to promptly comply)
to provide the Intervenors with discovery responses in this case. Mr. Garrison’s second motion

1 In its Application the Company initially requested a July 1, 2024, effective date. See Application Attachment G.
DECISION MEMORANDUM 2
asked the Commission to process this case via a technical hearing rather than by modified
procedure.2
On June 13, 2024, Staff filed a motion seeking to extend the suspension of the effective
date and vacate the comment deadlines. (“Motion”). Staff notified the Parties it planned to file the
Motion and requested expeditious consideration of its Motion pursuant to Commission Rule of
Procedure 256. IDAPA 31.01.01.256.03. The Motion stated that the Company was not represented
by an attorney and had not provided adequate discovery to the Intervenors. Accordingly, Staff
discussed the requirements for legal representation outlined in Rule of Procedure 43, IDAPA
31.01.01.43.02, and recommended that the Commission find good cause to suspend this case for
an additional sixty (60) days pursuant to Idaho Code § 61-622(4). Staff also recommended that the
Commission order the Company to file a Notice of Representation in this case within thirty (30)
days of the issuance of the requested order—with the case to be automatically dismissed upon non-
compliance. Relatedly, Staff recommended that the public comment and Company reply deadlines
previously imposed in Order No. 36192 be vacated and a new procedural schedule be determined
if the Company can secure counsel to avoid dismissal.
Several more motions were subsequently filed by the individual intervenors. These
included requests for a technical hearing, dismissal of the Application, and/or that the Company
be compelled to answer discovery requests.
On July 2, 2024, the Commission issued an order suspending the case for sixty days, setting
a new effective date of November 30, 2024, ordering the Company to obtain representation within
30 days, and vacating the comment deadlines. Order No. 36247.
Jason Piskel filed a Notice of Appearance on July 1, 2024, noting that he was retained to
represent the Company before the Commission. This filing complied with the Commission’s
requirements established in Order No. 36247.
The Intervenors were also provided access to discovery during this period.
STAFF RECOMMENDATION
Based on the progress demonstrated by the Company in securing counsel to represent it
and the improved access to discovery for the Intervenors, Staff contacted the parties and now
recommends that the Commission issue a Notice of Schedule, Notice of Customer Hearing, and
Notice of Modified Procedure establishing an October 2, 2024, Staff and public comment deadline;

2 No Motions filed by the Intervenors requested expeditious consideration pursuant to Commission Rule of Procedure
256. IDAPA 31.01.01.256.
DECISION MEMORANDUM 3
an October 16, 2024, Intervenor comment deadline; and an October 30, 2024, Company reply
deadline.
Further, Staff recommends that the Commission conduct two Customer Hearings on
October 9, 2024, and October 10, 2024.
COMMISSION DECISION
Does the Commission wish to:
1. Issue a Notice of Schedule, Notice of Customer Hearing, and Notice of Modified Procedure
establishing an October 2, 2024, Staff and public comment deadline; an October 16, 2024,
Intervenor comment deadline; and an October 30, 2024, Company reply deadline?
2. Conduct two Customer Hearings on October 9, 2024, and October 10, 2024?
3. Anything else?

__________________________
Michael Duval
Deputy Attorney General
I:\Legal\WATER\SWS-W-24-01_rates\memos\SWSW2401_dec6_md.docx