20240923Final_Order_No_36325.pdf

Office of the Secretary
Service Date
September 23,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION ) CASE NO. ASP-W-24-01
INTO ASPEN CREEK WATER COMPANY'S )
BILLING PRACTICES )
ORDER NO. 36325
During the Commission Staff s ("Staff') routine audit of Aspen Creek Water Co., Inc.
("Company"), Staff observed several instances of the Company charging for connections and rates
in excess of the amounts permitted by its Commission-approved tariff.
On May 29, 2024, the Commission issued a Notice of Investigation directing Staff to file
a report by July 10, 2024. Order No. 36196.
On July 24, 2024, the Commission issued a Notice of Extension granting Staff until
September 6, 2024, to file its report. Order No. 36276. That Order was granted on Staffs request
for more time to submit its report due to additional issues that had been uncovered during the
investigation.
On September 3, 2024, Saff presented a Decision Memorandum recommending dismissal
of the investigation and report ordered in this case. Staff cited the Company's subsequently filed
general rate case as a better forum to review and, if necessary, correct the issues cited in Staff s
original request to open the investigation. See Case No. ASP-W-24-03.
We now issue this Order dismissing this case.
COMMISSION DECISION AND FINDINGS
The Commission has jurisdiction over this matter under Idaho Code §§ 61-502 and 61-
503. The Commission has the express statutory authority to investigate rates, charges, rules,
regulations, practices, and contracts of public utilities and to determine whether they are just,
reasonable,preferential, or discriminatory, or in violation of any provision of law, and may fix the
same by Order. Idaho Code §§ 61-502 and 61-503.
After reviewing Staff s recommendation in this case and the Company's subsequently filed
general rate case, we are comfortable dismissing this investigation. Dismissal of this investigation
will allow Staff and the Company an opportunity to further review and correct the billing and
connection fee issues identified by Staff in a general rate case. We expect the parties will present
ORDER NO. 36325 1

ample evidence that the issues cited by Staff in this case have been corrected in Case No. ASP-W-
24-03.
ORDER
IT IS HEREBY ORDERED that this case is dismissed.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one(21) days of the service date of this Order regarding any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 23rd day of
September 2024.
2
ERIC DER ON, PRESIDENT
JO HAMMOND, JR., COMMISSIONER
G
EDWARD LODGE, COM T SIONER
ATTEST:
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Moni/aWd'(TioskPA
Commission Secretary
I:\Legal\WATER\ASP-W-24-01\Orders\ASPW2401_final_dh.doex
ORDER NO. 36325 2