20241220Final_Order_No_36426.pdf

Office of the Secretary
Service Date
December 20,2024
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 ) ORDER NO. 36426
NORTHERN IDAHO WATER SUPPLY AND )
DISTRIBUTION SYSTEM )
On April 23, 2024, the Commission issued a Notice of Investigation of Valiant Idaho, Inc.
("Valiant") and TIC Utilities, LLC ("TIC") (collectively the "Companies"), directing the
Companies to respond to discovery requests from Staff and providing notice that Staff would
recommend(1)whether Valiant or TIC should be deemed a regulated public utility; (2)whether a
Certificate of Public Convenience and Necessity ("CPCN") is required; and (3) whether any
further action related to the adequacy of service or rate setting is necessary. Order No. 35998.
On July 8, 2024, the Commission issued a Notice of Modified Procedure, setting public
comment and Company reply deadlines. Order No. 36254. Commission Staff("Staff') and five
members of the public filed comments to which the Companies replied.
On September 6, 2024, the Commission issued Order No. 36312, finding that Valiant is a
public utility, issuing it a CPCN, and directing it to submit additional documents. Specifically,the
Commission ordered Valiant to submit: (1)tariffs; (2) a copy of a Notice to Customers Regarding
Regulation; (3) a full legal description of Valiant's proposed service territory; and (4) a map
showing the location of Valiant's utility service.
On October 4, 2024, Valiant submitted a Compliance Filing that included copies of the
documents described above.
On October 17, 2024, the Commission issued Order No. 36363, directing Valiant not to
charge rates exceeding those in effect on September 6, 2024, without a prior Commission
determination that the increase is justified. The Commission issued Order No. 36363 after learning
that Valiant had sent a letter to customers indicating that it would increase rates. The Commission
also directed Valiant to submit evidence showing that it had notified its customers that it would
not increase rates without prior Commission authorization as a compliance filing. On October 17,
2024, Valiant submitted a letter, dated September 25, 2024, retracting the planned rate increase
and indicating that no rate increase would occur without Commission approval.
ORDER NO. 36426 1

Commission Staff("Staff')reviewed both the October 4, 2024, Compliance Filing and the
letter filed October 17, 2024. At the Commission's November 19, 2024, decision meeting, Staff
recommended that the Commission accept the tariff, as submitted, and the letter dated September
25, 2024, as sufficient evidence that Valiant had notified its customers that it would not increase
rates without Commission authorization. Regarding the legal description of Valiant's service
territory, Staff recommended that the Commission accept (1) the legal description of Valiant's
service territory contained in Attachment 1 to Staff s November 19, 2024, decision memorandum;
and (2) the map of Valiant's service area attached to the same decision memorandum as
Attachment 2. Staff further recommended that the Commission direct Valiant to submit a separate
filing to amend its CPCN after the 12th and 13th Additions to"Golden Tee Estates"receive approval
from Bonner County, Idaho.
COMMISSION FINDINGS AND DECISION
Having reviewed the record, the Company's compliance submission, and Staff s
recommendation, we find that the Company has complied with the Commission's order to submit
a compliance filing described in Order No. 36312. We accept Valiant's tariff, as filed. However,
because the legal descriptions of the 12th and 13th Additions to Golden Tee Estates are still pending,
they should not be included in Valiant's certificated service territory. Accordingly, Valiant's
service territory described in its CPCN shall be consistent with that listed in Attachment 1 to Staff s
November 19,2024, decision memorandum and depicted in the map contained in Attachment 2 to
the same memorandum. Valiant shall submit a separate filing to amend its CPCN once Bonner
County approves the 12th and 13th Additions to Golden Tee Estates.
We further find that Valiant has satisfied Order No. 36363 by providing evidence that it
notified customers that it will not increase rates in excess of those in effect on September 6, 2024,
without a prior Commission finding that the proposed increase is justified.
ORDER
IT IS HEREBY ORDERED that Valiant's compliance filings, filed October 4, 2024, and
October 17, 2024, are accepted.
IT IS FURTHER ORERED that Valiant's service territory described in its CPCN shall be
consistent with that listed in Attachment 1 to Staffs November 19, 2024, decision memorandum
and depicted in the map contained in Attachment 2 to the same memorandum.
ORDER NO. 36426 2

IT IS FURTHER ORDERED that Valiant shall submit a separate filing to amend its CPCN
once Bonner County approves the 12th and 13th Additions to Golden Tee Estates.
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. Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this 20th day of
December 2024.
ERI AND SON, PRESIDENT
R. HAMMOND JR., COMMISSIONER
GL_ 'e-
Gv�
EDWARD LODGE, C9MMISSIONER
ATTEST:
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Commission Secre
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I:\Legal\WATER\GNR-W-24-01\orders\GNRW2401_Complimce_at.docx
ORDER NO. 36426 3