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HomeMy WebLinkAbout20250801Order_for_Investigation_Order_No_36701.pdf Office of the Secretary Service Date August 1,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION INVESTIGATION INTO RIVERVINE ) CASE NO. RWS-W-25-01 WATER& SEWER,LLC, OWNER OF A ) WATER SUPPLY AND DISTRIBUTION ) ORDER FOR INVESTIGATION SYSTEM ) ORDER NO. 36701 Rivervine Water & Sewer, LLC, ("Company") is a private water utility located in Ada County near Eagle, Idaho. The Company provides water to ten 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("CPCN"). At the Commission's July 8, 2025, 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. Staff based its recommendation on the Company's failure to respond to an August 23, 2024, letter in which Staff indicated it possessed information suggesting the Company may be operating as an unregulated public utility within the State of Idaho. We now issue this Order directing Staff to investigate the status of the Company and to file written comments making recommendations to the Commission for any further action that may be necessary. COMMISSION FINDINGS AND DECISION Considering the uncertainty surrounding the Company's regulatory status,the Commission finds it reasonable to investigate the Company pursuant to the Commission's 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 a determination as to 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 ORDER NO. 36701 1 action that may be necessary. Staff may issue production requests,written interrogatories, or other 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 l' day of August 2025. / G EDWARD LODGE, PR ADENT 17N R. HAMMOND JR., COMMISSIONER DAMN HAFbIE, COMMISSIONER ATTEST: I JJQOVQ, omc a io nchez Commission Secretary I:\Legal\WATER\RWS-W-25-01\O[de[s\RWSW2501_Invest jI.docx ORDER NO. 36701 2