HomeMy WebLinkAbout20241119Decision Memo.pdf DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
DATE: NOVEMBER 19, 2024
SUBJECT: IN THE MATTER OF CAPITOL WATER CORPORATION'S PETITION
REQUESTING AN INVESTIGATION INTO FLYING H TRAILOR
RANCH; CASE NO. CAP-W-24-03.
On November 12, 2024, Capitol Water Corporation ("Company") petitioned' the
Commission to investigate the Flying H Trailor Ranch ("Flying H"). The Company alleged that
Flying H is an unregulated public utility operating a water system that serves a mobile home park
within the Company's certificated service area in Ada County. The Company claimed that Flying
H's unlawful service of customers in the mobile home park deprived the Company of those
customers, financially harming the Company. According to the Company, it can serve all the
water users in the mobile home park. The Company requests that the Commission open a formal
investigation into Flying H and find that it is a public utility operating unlawfully in the
Company's certificated service area. The Company further requests that this matter be processed
via Modified Procedure.
STAFF RECOMMENDATION
Staff believes that there is sufficient evidence to merit an investigation into Flying H
to determine whether it is a water corporation operating as a public utility within the Company's
certificated service territory. Considering the alleged on-going violation of the Company's
service territory, Staff recommends initiating this investigation without delay. An investigation
would include data requests to Flying H, and requests to examine company records, concluding
1 The Company styled its petition as an application. However, it is properly designated as a petition because it
request the initiation of a proceeding, but does not request a right, certificate, permit or authority from the
Commission.See IDAPA 31.01.01.052—.053.
DECISION MEMORANDUM 1
in a recommendation to the Commission for further action, if any. Staff proposes to update the
Commission with additional recommendations when it has completed its investigation.
COMMISSION DECISION
Does the Commission wish to open a docket and direct Staff to investigate whether
Flying H is a water corporation operating as a public utility within the Company's certificated
service territory? Does the Commission also wish to direct Staff to update the Commission with
additional recommendations upon concluding its investigation?
ak"
Adam Triplett
Deputy Attorney General
L\Legal\WATER\CAP-W-24-03_Flying H InvesAmemoUee_at.doe
DECISION MEMORANDUM 2