20240917Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
DATE: SEPTEMBER 17, 2024
SUBJECT: IN THE MATTER OF THE INVESTIGATION INTO WHETHER VP,
INC. IS A PUBLIC UTILITY SUBJECT TO REGULATION BY THE
IDAHO PUBLIC UTILTIES COMMISSION; CASE NO. GNR-W-17-01.
On November 14, 2023, the Commission issued Order No. 35998 in this case. In
addition to concluding that VP, Inc. ("VP") is a water corporation subject to Commission
jurisdiction, Order No. 35998 directed VP to apply for a Certificate of Public Convenience and
Necessity ("CPCN") within 60 days and submit certain information with its application. Two
notable pieces of information required by Order No. 35998 were (1) evidence of the physical
separation of VP's water system from that of Valiant Idaho, LLC ("Valiant"); and (2)
acknowledgement of the separation by the Idaho Department of Environmental Quality.
On January 11, 2024, VP applied for a CPCN ("Application"). See Case No. VPI-W-
24-01. The Company attached about one hundred pages of documents to the Application as
exhibits.
On September 3, 2024, the Commission issued Order No. 36313, which granted VP's
application for a CPCN, approved rates and charges for VP, and directed the Company to submit
tariffs that reflect those rates and charges.
STAFF RECOMMENDATION
Staff notes that VP satisfied the directive in Order No. 35998 to apply for a CPCN.
However, according to Staff, VP has not yet complied with the directives related to the proof of
physical separation of its system.
DECISION MEMORANDUM I

Although VP has yet to fully comply with Order No. 35998, Staff recommends
against delaying closure of this case because of the unfulfilled physical separation requirement.
Even if this case is closed, the Commission can still take steps to enforce its directive to VP to
separate its water system from that of Valiant. Moreover, VP is subject to a court order requiring
it to physically separate its water system from that of Valiant, and Idaho Department of
Environmental Quality regulations similarly require this physical separation. See Genesis Golf
Builders, Inc., v. Pend Oreille Bonner Development, LLC, CV-2009-1810 (Bonner Cnty. Dist.
Ct.) Accordingly, closing this case is unlikely to result in VP failing to complete the separation
required in Order No. 35998.
COMMISSION DECISION
Does the Commission wish to close this case?
Adam Triplett
Deputy Attorney General
1:\Legal\WATER\GNR-W-17-01\Memos\GNAW 1701_Dec2_at.doc
DECISION MEMORANDUM 2