20241119Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JOSEPH TERRY
ADAM TRIPLETT,DEPUTY ATTORNEY GENERAL
DATE: NOVEMBER 19, 2024
RE: INVESTIGATION INTO VALIANT IDAHO,INC.AND TIC UTILITIES,
LLC, OWNERS OF A NORTHERN IDAHO WATER SUPPLY AND
DISTRIBUTION SYSTEM; CASE NO. GNR-W-24-01
On September 6, 2024, the Commission issued Order No. 36312, where the Commission
ordered Valiant Idaho, Inc. ("Valiant" or"Company") to submit the following items to the
Commission:
1. Tariffs
2. Notice to Customers regarding regulation
3. A full legal description of Valiant's proposed service territory
4. A map showing the location of Valian's utility service
In addition, on October 17, 2024, the Commission issued Order No. 36363, ordering the
Company to not charge rates exceeding the rates in effect on September 6, 2024, without a prior
Commission determination that the increase is justified. The Commission further ordered the
Company to submit a compliance filing with evidence showing it had notified the customers of
the retraction of the rate increase.
On October 4, 2024, the Company submitted a Compliance Filing with (1) tariffs, (2) a
notice to customers regarding regulation, (3) a full legal description of the Company's proposed
service territory, and (4) a map showing the location of the Company's utility service. On
October 17, 2024, the Company submitted an additional compliance filing with a letter retracting
the rate increase and explaining that the rates will not increase without Commission approval.
DECISION MEMORANDUM - I - NOVEMBER 19, 2024

Staff reviewed the Company's documents to confirm they satisfy Order Nos. 36312 and 36363.
Our conclusion from this review is discussed below.
Tariff
An email from William Haberman sent on September 30, 2024, verified that the
Company's tariff(Rate Schedules and General Rules and Regulation) drafted by Staff accurately
reflects the rates in place prior to issuance of the Certificate of Public Convenience and
Necessity ("CPCN"). A copy of that tariff was submitted by the Company on October 4, 2024.
Staff believes the Company has complied with Commission Order No. 36312 and recommends
that the Commission accept the Tariff as filed.
Customer Notice
The Company submitted a copy of its September 25, 2024, notice sent to customers that
retracts the September 9, 2024, letter which announced new rates going forward. Rates will
remain the same until the Commission approves an increase in a general rate proceeding. Staff
recommends that the Commission accept the letter as in compliance with Order No. 36363.
Legal Description and Map
Staff reviewed the Company's legal description and the map provided in the compliance
filing and identified two issues. The first issue was that Bonner County has not yet approved the
12t'and 13'h Additions of the Golden Tee Estates subdivision. The second is an incorrect page
reference in the Jim Brown Way plat legal description. Staff recommends the Commission
accept the legal description provided as Staff Attachment 1 and the map of the service area
provided as Staff Attachment 2 representing the Company's service area for the CPCN.
Staff Attachment 1 includes a list of the individual legal descriptions within the
Company's proposed service area, which are based on the Company's legal descriptions
provided in the Compliance Filing except for the Additions that are pending approval. In
addition, Staff corrected the page reference in the Jim Brown Way plat legal description.
Staff Attachment 2 includes a map of the proposed service area and provides an
illustrated view of the boundaries for the proposed service area provided by the legal description
in Staff Attachment 1.
DECISION MEMORANDUM - 2 - NOVEMBER 19, 2024

Staff believes the legal descriptions for the 121h and 13t'Additions that are pending
approval should not be included in the Company's CPCN at this time and recommends the
Company submit a separate filing to amend their CPCN after the Additions are approved. The
Company is not currently providing service to these Additions. Submitting a separate filing
outside of this compliance filing would allow Staff to fully assess the new Additions.
Staff identified an incorrect page reference for the Jim Brown Way plat legal description.
The Company's proposed legal description shows this plat is recorded in Book 16 of Plats, page
81, records of Bonner County, Idaho. Staff s review of the Bonner County records show that the
referenced page number should be 31 instead of 81. Staff recommends the Commission approve
Staff s correction to the page number reference in the Jim Brown Way plat legal description
contained in Staff Attachment 1.
RECOMMENDATION
Staff recommends the Commission:
• Accept the Tariff(Rate Schedules and General Rules and Regulations) as submitted;
• Accept the customer letter of September 25, 2024, as proof of customer notification
that rates will remain the same until the company requests a change;
• Accept the legal description provided in Staff Attachment 1 and the map of the
service area provided as Staff Attachment 2 as the Company's CPCN territory; and
• Order the Company to submit a separate filing to amend their CPCN after the 121h and
IP Additions are approved by Bonner County.
DECISION MEMORANDUM - 3 - NOVEMBER 19, 2024

COMMISSION DECISION
Does the Commission wish to accept the Tariff as submitted?
Does the Commission wish to accept the customer letter as proof of customer notice that
rates will remain the same?
Does the Commission wish to approve the legal description provided in Staff Attachment
1 and the map of the service area provided as Staff Attachment 2 as the Company's CPCN
territory?
Does the Commission wish to order the Company to submit a separate filing to amend
their CPCN after the 121h and 131h Additions are approved?
)saephtmm Staff
1:\Uti1ity\UDMEM0S\GNR-W-24-01 Decision Memo.docx
DECISION MEMORANDUM - 4 - NOVEMBER 19, 2024

Attachment 1
Page 1 of 3
Valiant Certificate of Convenience and Necessity
Service Area Description
Case No. GNR-W-24-01
GOLDEN TEE ESTATES PLANNED UNIT DEVELOPMENT(PHASE ONE)
All of the Lots and Blocks of GOLDEN TEE ESTATES PLANNED UNIT DEVELOPMENT(PHASE ONE),
according to the plat thereof, recorded in Book 6 of Plats, page 108, records of Bonner County, Idaho.
GOLDEN TEE ESTATES AND GOLDEN TEE ESTATES 1ST ADDITION AND UNPLATTED LAND
All of the Lots and Blocks of REPLAT OF GOLDEN TEE ESTATES AND GOLDEN TEE ESTATES 1ST
ADDITION AND UNPLATTED LAND,according to the plat thereof, recorded in Book 8 of Plats, page 77,
records of Bonner County, Idaho.
All of the Lots and Blocks of REPLAT OF LOTS 1 THROUGH 4, BLOCK 1 AND BLOCK 16A, REPLAT OF
BLOCKS 15&16 OF THE REPLAT OF GOLDEN TEE ESTATES&GOLDEN TEE ESTATES 1ST ADDITION,
according to the plat thereof, recorded in Book 9 of Plats, page 82, records of Bonner County, Idaho.
GOLDEN TEE ESTATES 2nd ADDITION
All of the Lots and Blocks of GOLDEN TEE ESTATES 2nd ADDITION, according to the plat thereof,
recorded in Book 8 of Plats, page 79, records of Bonner County, Idaho.
GOLDEN TEE ESTATES 3rd ADDITION
All of the Lots and Blocks of GOLDEN TEE ESTATES 3rd ADDITION,according to the plat thereof,
recorded in Book 8 of Plats, page 78, records of Bonner County, Idaho.
GOLDEN TEE ESTATES 4TH ADDITION
All of the Lots and Blocks of GOLDEN TEE ESTATES 4TH ADDITION, according to the plat thereof,
recorded in Book 8 of Plats, page 80, records of Bonner County, Idaho.
GOLDEN TEE ESTATES 5th ADDITION
All Lots and Blocks of GOLDEN TEE ESTATES 5TH ADDITION, according to the plat thereof, recorded in
Book 8 of Plats, page 81, records of Bonner County, Idaho.

Attachment 1
Page 2 of 3
GOLDEN TEE ESTATES 6th ADDITION
All of the Lots and Blocks of GOLDEN TEE ESTATES 6TH ADDITION, according to the plat thereof,
recorded in Book 8 of Plats, page 82, records of Bonner County, Idaho.
GOLDEN TEE ESTATES 7th ADDITION
All of the Lots and Blocks of GOLDEN TEE ESTATES 7TH ADDITION, according to the plat thereof,
recorded in Book 9 of Plats, page 13, records of Bonner County, Idaho.
GOLDEN TEE ESTATES 8th ADDITION
All of the Lots and Blocks of GOLDEN TEE ESTATES 8th ADDITION, according to the plat thereof,
recorded in Book 9 of Plats, page 7, records of Bonner County, Idaho.
GOLDEN TEE ESTATES 9th ADDITION
All of the Lots and Blocks of GOLDEN TEE ESTATES 9th ADDITION, according to the plat thereof,
recorded in Book 14 of Plats, page 36, records of Bonner County, Idaho.
GOLDEN TEE ESTATES 10th ADDITION
All of the Lots and Blocks of GOLDEN TEE ESTATES 10th ADDITION, according to the plat thereof,
recorded in Book 19 of Plats, page 31, records of Bonner County, Idaho.
GOLDEN TEE ESTATES 11th ADDITION
All of the Lots and Blocks of GOLDEN TEE ESTATES 11th ADDITION, according to the plat thereof,
recorded in Book 17 of Plats, page 34, records of Bonner County, Idaho.
JIM BROWN WAY
All of the Lots and Blocks of JIM BROWN WAY, according to the plat thereof, recorded in Book 16 of
Plats, page 31, records of Bonner County, Idaho.
AMSTUTZ PARCELS
AMSTUTZ 1:
A parcel of land in Section 6,Township 57 North, Range 1 East, Boise Meridian, Bonner County, Idaho,
described as follows:

Attachment 1
Page 3 of 3
Beginning at the Northeast corner of Section 7,Township 57 North, Range 1 East, Boise Meridian;
thence South 3320 feet, more or less, along the East line thereof to the Northerly right of way line of
the Northern Pacific Railway;thence Northwesterly along said right of way line 4490 feet;thence
North 66°08' East,465 feet;thence North 45102' East, 595 feet;thence South 80'38' East,700 feet;
thence North 26°02' East,475 feet;thence North 15°42' East,815 feet; thence North 2°02' East, 700
feet;thence North 131 28'West,487.27 feet to the True Point of Beginning;thence due West 586 feet
to the West line of said Section 6;thence South along said West line 473.88 feet;thence due East
700.27 feet;thence North 13°28'West,487.27 feet to the True Point of Beginning.
AMSTUTZ 2:
A parcel of land in Section 6,Township 57 North, Range 1 East, Boise Meridian, Bonner County, Idaho,
described as follows:
Beginning at the Northeast corner of Section 7,Township 57 North, Range 1 East, Boise Meridian;
thence South 3320 feet, more or less, along the East line thereof to the Northerly right of way line of
the Northern Pacific Railway;thence Northwesterly along said right of way line 4490 feet;thence
North 66°07' East,465 feet;thence North 450 02' East, 595 feet;thence South 80°38' East 700 feet;
thence North 260 02' East,475 feet;thence North 15°42' East,815 feet to the True Point of Beginning;
thence North 20 02' East, 700 feet;thence due West 700.07 feet, more or less,to the West line of the
Southeast quarter of Section 6,Township 57 North, Range 1 East, Boise Meridian;thence South along
said West line 700 feet;thence East 700 feet, more or less to the True Point of Beginning.

Attachment 2
Valiant CPCN Page 1 of 1
Case No. GNR-W-24-01
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Bonner County Parcels
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