20250520Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
DATE: MAY 20, 2025
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
Idaho Public Utilities 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 requested 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 requested
that this matter be processed via Modified Procedure.
On December 9, 2024, the Commission issued a Notice of Investigation, directing
Commission Staff to investigate the allegation that Flying H is operating as a public utility
within the Company's service territory. The purpose of the investigation was to determine if
Flying H qualifies as a public utility and identify any necessary next steps. The Commission
further directed Staff to make recommendations to the Commission regarding Flying H's
regulatory status and any further action necessary to comply with Idaho law after completing its
investigation.
1 The Company styled its petition as an application. However, it is properly designated as a petition because it
requested 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

STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Modified Procedure establishing
a June 6, 2025, public comment deadline and a July 3, 2025, Company reply deadline.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Modified Procedure establishing a
June 6, 2025,public comment deadline and a July 3, 2025, Company reply deadline?
Adam Triplett
Deputy Attorney General
L\Legal\WATER\CAP-W-24-03_Flying H InvestVnemosTAPW2403_dec2_at.doc
DECISION MEMORANDUM 2