20241009Final_Order_No_36349.pdf

Office of the Secretary
Service Date
October 9,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION ) CASE NO. GNR-W-17-01
INTO WHETHER VP,INC. IS A PUBLIC )
UTILITY SUBJECT TO REGULATION BY ) ORDER NO. 36349
THE IDAHO PUBLIC UTILITIES )
COMMISSION )
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("IDEQ").
On January 11, 2024, VP applied for a CPCN ("Application") in a separate case. 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, in Case No. VPI-W-24-01, 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.
During the Commission's September 17, 2024, decision meeting, Staff presented a
decision memorandum, recommending that the Commission close this docket, even though VP
had not yet complied with the directives in Order No. 35998 related to the physical separation of
its water system from that of Valiant.
COMMISSION DISCUSSION AND FINDINGS
Since the issuance of Order No. 35998, this docket has remained open to ensure VP's
compliance with the directives in that Order. Although VP has applied for a CPCN as directed, it
has yet to physically separate its water system from that of Valiant. However, even if this docket
is closed,we could take steps to enforce the separation requirement contained in Order No. 35998.
Moreover, other governmental entities (like IDEQ) have authority to enforce a similar separation
requirement. Accordingly, we see no reason to keep this docket open. Instead of monitoring an
open docket, we find it reasonable to close this docket and direct VP to provide written notice to
ORDER NO. 36349 1

Staff within 14 days of separating its water system from that of Valiant as required by Order No.
35998.
ORDER
IT IS HEREBY ORDERED that, within 14 days of the separation of its water system
from that of Valiant, VP shall provide Staff with written notice that the separation has been
completed. When Staff receives confirmation of physical separation it should ensure the notice is
filed in this case and enter a memorandum confirming that the physical separation meets the
requirements of Order No. 35998.
IT IS FURTHER ORDERED that this docket is closed.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date upon 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 9th day
of October 2024.
ERIC ANDERSON, PRESIDENT
OHN R. HAMMOND JR., COMMISSIONER
G
EDWARD LODGE, CO . ISSIONER
ATTEST:
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Commission Secre
I:\Legal\WATER\GNR-W-17-01\Orders\GRNW 1701_closure_at.docx
ORDER NO. 36349 2