20241120Notice_of_Investigation_Order_No_36392.pdf

Office of the Secretary
Service Date
November 20,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
INVESTIGATION INTO RED PHEASANT ) CASE NO. RED-W-24-01
HOLDINGS, LLC—OWNER OF A WATER )
SUPPLY AND DISTRIBUTION SYSTEM ) NOTICE OF INVESTIGATION
ORDER NO. 36392
Red Pheasant Holdings, LLC, ("Company") is a private water utility located in Nez Perce
County, Idaho near Lewiston. The Company provides water to 173 connections. The Company is
the parent company of Red Pheasant Water Company, LLC, that invoices and collects payments
from customers. The Company is not currently regulated by the Idaho Public Utilities Commission
("Commission") and does not possess a Certificate of Public Convenience and Necessity
("CPCN").
At the Commission's November 6, 2024, Decision Meeting, Commission Staff("Staff')
presented a decision memorandum recommending the Commission open a docket to formally
investigate whether the Company is operating as a public utility that should be regulated by the
Commission.
We now issue this Notice of Investigation directing Staff to investigate the Company and
report back to the Commission.
COMMISSION FINDINGS AND DECISION
Considering the uncertainty surrounding the Company's regulatory status,the Commission
finds it reasonable to investigate the Company pursuant to its statutory authority and jurisdiction
under the Idaho Public Utilities Law, specifically Idaho Code § 61-501 et seq. The purpose of this
investigation is to determine whether the Company should be a regulated utility under the Idaho
Code. Staff s investigation should include whether the Company is a public utility that should be
directed to apply for a CPCN, and what further steps, if any, the Company should take to comply
with Idaho law.
ORDER
IT IS HEREBY ORDERED that Staff shall investigate the status of the Company, and
Staff shall file written comments making recommendations to the Commission for any further
action that may be necessary. Staff may issue production requests, written interrogatories or other
NOTICE OF INVESTIGATION
ORDER NO. 36392 1

forms of discovery and pursue its statutory right to examine and audit the records of the Company
as they relate to the sale of water.
IT IS FURTHER ORDERED that the Company shall cooperate with Staff s investigation.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 201h day of
November 2024.
ERIC ANDERSON, PRESIDENT
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JO R. HAMMOND JR., COMMISSIONER
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EDWARD LODGE, C MISSIONER
ATTEST:
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Commission Secreta
I:\Legal\WATER\RED-W-24-01_invest\Orders\ntc inv_dh.docx
NOTICE OF INVESTIGATION
ORDER NO. 36392 2