20241017Interlocutory_Order_No_36363.pdf

Office of the Secretary
Service Date
October 17,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION ) CASE NO. GNR-W-24-01
INTO VALIANT IDAHO, INC. AND TIC )
UTILITIES, LLC, OWNERS OF A )
NORTHERN IDAHO WATER SUPPLY AND ) ORDER NO. 36363
DISTRIBUTION SYSTEM )
On September 27, 2024, Commission Staff ("Staff) moved for an order directing
Valiant Idaho, Inc. ("Valiant") to charge only the rates that it had in effect on September 6, 2024,
when it was issued a Certificate of Public Convenience and Necessity, and to submit evidence that
its customers were notified that their rates would not increase on October 1, 2024. Staff filed this
motion after receiving a letter sent by TIC Utilities, dated September 9, 2024,to customers served
by Valiant's water system that indicated service rates would increase from $45 to $100 a month
on October 1, 2024.
During the Commission's October 1,2024,decision meeting, Staff presented a decision
memorandum, recommending the Commission grant its motion. Counsel for Valiant was present
at the meeting and represented that,as a cost saving measure,he had not been actively participating
in this case recently. However, after learning of the September 9, 2024, letter and conferring with
Valiant, Valiant's counsel represented to the Commission that no rate increase would occur on
October 1, 2024, and that Valiant's customers had been notified of such.
DISCUSSION AND FINDINGS
Idaho law prohibits public utilities from raising rates without a prior Commission
finding that the proposed rate increase is justified. Idaho Code § 61-622(1). Valiant came under
Commission regulation on September 6,2024,with the issuance of Order No. 36312,which found
Valiant to be a public utility. Accordingly, from that point on, Valiant could not raise its rates
without prior Commission approval.
Despite the representations of Valiant's counsel that Valiant would not increase its rates
on October 1, 2024, we find it reasonable to clarify which rate Valiant may charge by directing it
to charge the rates in effect on September 6, 2024. If the Company believes a rate increase is
justified, it may apply to increase rates in a docket where the Commission will determine what the
appropriate rates to be collected are.
ORDER NO. 36363 1

To ensure that customers are aware that their rates have not increased, we find it
reasonable to direct Valiant to submit evidence as a compliance filing showing that it has notified
its customers of the retraction of the rate increase proposed for October 1, 2024.
ORDER
IT IS HEREBY ORDERED that Valiant shall not charge rates exceeding those in effect
on September 6, 2024, without a prior Commission determination that a proposed rate increase is
justified.
IT IS FURTHER ORDERED that Valiant shall submit a compliance filing within 14
days of the service date of this order containing evidence showing that it has notified its customers
of the retraction of the rate increase proposed for October 1, 2024.
THIS IS AN INTERLOCUTORY ORDER, not a final and appealable order of the
Commission. The period to seek reconsideration will not begin until a final order issues.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 17ffi day
of October 2024.
ERIC ANDERSON, PRESIDENT
R. HAMMOND JR., COMMISSIONER
G
EDWARD LODGE, CONiMISSIONER
ATTEST:
L0*'0-CA-'
Ba s- e
Commission Secreta
57
I:\Legal\WATER\GNR-W-24-01\orders\GNRW2401_Rates_at.docx
ORDER NO. 36363 2