20250328Final_Order_No_36525.pdf

Office of the Secretary
Service Date
March 28,2025
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF VP INC.'S ) CASE NO. VPI-W-24-02
APPLICATION TO AMEND CERTIFICATE )
OF PUBLIC CONVENIENCE AND )
NECESSITY NO. 552 ) ORDER NO. 36525
On December 5, 2024, VP Inc. ("Company") applied to amend its Certificate of Public
Convenience and Necessity No. 552 to expand its certificated service territory.
On December 31, 2024, the Commission issued a Notice of Application and Notice of
Modified Procedure, establishing public comment and Company reply deadlines. Order No.
36453. Commission Staff("Staff') filed the only comments.
Having reviewed the record, the Commission issues this final Order granting the
Company's Application as modified below.
THE APPLICATION
The Company provides water service to the Hidden Lakes Subdivision and First and
Second Additions 1 and 2 in Bonner County, Idaho. The Company seeks to serve an area adjacent
to its current service area that, according to the Company, cannot be served by any other water
utility. Specifically, the Company proposes modifying its service area by adding three separate
parcels that adjoin its existing service area. The Company represents that it currently can provide
safe, reliable service to the expanded service area.
STAFF COMMENTS
After reviewing the Application, associated exhibits, and the Company's responses to
production requests, Staff recommended the Commission expand the Company's service area
identified in CPCN No. 552 to include the areas described and depicted in Attachments A and B
to Staffs comments.
Staff believed the Company holds sufficient water rights to support some, but not all, of
the additional service area proposed in the Application. Despite believing that the Company has
the right to divert enough water to satisfy current load and likely future development, Staff
indicated that only two of the three parcels proposed in the Application could be properly added
ORDER NO. 36525 1

to the Company's service area. According to Staff,the Place of Use boundaries for the Company's
water rights do not include the northernmost parcel proposed for inclusion in the Company's
service area.
In response to inquiries about this issue, the Company requested the removal of the parcel
located outside of its water rights from the amended service area proposed in the Application. This
resulted in the amended legal description contained and depicted in Attachments A and B to Staff s
comments. Staff confirmed the amended service area (1) encompasses all areas for which the
Company is currently providing service, (2) does not encroach upon any other water systems, and
(3) is within the limits of the Company's water rights.
DISCUSSION AND FINDINGS
The Commission has authority over this matter and the issue in this case under Title 61 of
the Idaho Code. Specifically, the Commission regulates "public utilities," including "water
corporations" that serve the public or some portion thereof for compensation. See Idaho Code §§
61-125, -129, -501, and -526.
Having reviewed the record in this case, we find it appropriate to grant the relief the
Company requested in response to Staff s inquiry about the Place of Use boundaries of its water
rights. As the Company will have the exclusive right to serve customers within its certificated
service territory,it is critical that the Company can serve all customers in that territory.Based upon
the record, it does not appear that the Company will have the ability to serve all the customers
within the expanded service territory originally proposed in the Application.
However, upon being informed that it could not serve customers in one of the parcels
proposed for addition to its certificated service territory with water drawn from its existing water
rights, the Company requested that parcel be removed from the expanded service territory
described in the Application. Removing that parcel from the Company's proposed expanded
service territory resulted in the amended legal description contained and depicted in Attachments
A and B to Staffs comments. We find it fair,just, and reasonable to approve the expanded service
territory described and depicted in Attachments A and B to Staff s comments.
ORDER
IT IS HEREBY ORDERED that the Company's Application to amend its CPCN No. 552
is granted. The Company's certificated service territory contained in its amended CPCN No. 552
shall be that described and depicted in Attachments A and B to Staff s comments.
ORDER NO. 36525 2

THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code §§ 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 281h day of
March 2025.
G
EDWARD LODGE, P IDENT
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R. HAMMOND JR., COMMISSIONER
DAMN HA IE, COMMISSIONER
ATTEST:
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Commission Secreta
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IALega1\WATER\VPI-W-24-02_amend CPCN\orders\VPIW2402_fmal_at.docx
ORDER NO. 36525 3