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HomeMy WebLinkAbout20250708Decision Memo.pdf RWS-W-25-01 DECISION MEMORANDUM TO: COMMISSIONER LODGE COMMISSIONER HAMMOND COMMISSIONER HARDIE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: TRAVIS CULBERTSON,AUDITOR 3 JEFF LOLL,DEPUTY ATTORNEY GENERAL DATE: JULY 8, 2025 SUBJECT: INVESTIGATION INTO RIVERVINE WATER & SEWER, LLC, OWNER OF A WATER SUPPLY AND DISTRIBUTION SYSTEM Rivervine Water & Sewer, LLC ("Company") is a private water utility located in Ada County near Eagle, Idaho. The Company provides water to 10 connections. The Company is not currently regulated by the Idaho Public Utilities Commission ("Commission") and does not possess a Certificate of Public Convenience and Necessity. Based on Commission Staff s("Staff') review of information obtained, Staff believes that a formal investigation is necessary to review whether the Company is operating as a public utility that should be regulated by the Commission. Staff recommends that the Commission open a docket initiating a formal investigation to review if the Company should be regulated,and if so,recommend further action to comply with applicable laws. BACKGROUND On August 23, 2024, Staff sent a letter to the Company indicating that Staff possessed information that suggested the Company may be operating as an unregulated public utility within the State of Idaho. As of June 30, 2025, the Company has not responded or provided an update. STAFF RECOMMENDATION Based on the available information, Staff believes there is evidence to merit a formal investigation to determine whether the Company is operating as a public utility subject to the Commission's regulatory jurisdiction. An investigation would include discovery requests to the Company, an examination of the Company's financial records, and conclude with a recommendation to the Commission for further action, if any. DECISION MEMORANDUM 1 JULY 8, 2025 COMMISSION DECISION Does the Commission wish to open an investigation to review if Rivervine Water& Sewer, LLC, should be regulated by the Commission and direct Staff to submit a recommendation after the review is complete? ':yam �7�!_ WTravis Culbertson Auditor 3 L\Utility\UDMEMOS\Decision Memo-Rivervine Water Sewer.docx DECISION MEMORANDUM 2 JULY 8, 2025