20260130Comment_1.pdf

From: [e-mail] <[e-mail]>
Sent: Friday, January 30, 2026 6:01 PM
To: secretary<[e-mail]>
Cc:Joseph Terry<[e-mail]>; Travis Culbertson
<[e-mail]>; Dan McCracken <[e-mail]>;
Jess Byrne <[e-mail]>; [e-mail]; Adam Triplett
<[e-mail]>
Subject: RE: FORMAL COMPLANT of Retaliation AND Public Comment in Open Case -
Case No. VID-W-25-02
Greetings,
Per instructions from PUC staff, I am requesting that the attached document be processed
as follows please.
1. Copy all three Commissioners and Staff Members Joseph Terry and Travis
Culbertson per the To line in the attached.
2. Place in the comment section of the Open Case cited.
Thank you much.
I will remain available to clarify any related issues and assist where possible.
Sincerely,
David Frohnen
545 Green Monarch Lane, Sandpoint, Idaho
Mailing: 105 Vermeer Drive, Suite 2-302
Ponderay, Idaho 83852
[e-mail]
[phone]
----------------------------------------------------------------------------------------------------------------

David Frohnen
Sandpoint,Idaho
davidfrohnen(a gmail.com
January 30, 2026
(via electronic transmission)
To: Idaho Public Utilities Commission: Commissioners Lodge, Hammond and Hardie
- Joseph Terry—Case Manager, Travis Culbertson—Program Manager
Copy: Idaho DEQ: Director Jess Byrne,Northern Regional Administrator—Dan McCracken
Bonner County, Idaho: Commissioners Williams,Korn, Domke
Legislators: Senator James Woodward, Representative Mark Sauter,
Representative Comel Rasor
Idaho Governor Brad Little's Office
Idaho Attorney General: Raul Labrador, Deputy A.G: Adam Triplett
RE: Formal Complaint of Retaliation—Valiant Idaho, TIC Utilities,The Idaho Club,
PUC Case Number VID-W-25-02
Please accept this as a formal complaint against the subject PUC (and DEQ)regulated company
and please consider this in the current open general rate case. I represent myself in this matter
and am referencing IDAPA31.01.01 Rule 54 for procedure. I am a graduate of the University of
Idaho and a full-time resident of the Idaho Club (our one and only home). My wife and I, along
with 100's of our neighbors, want to see a quality community be built to standards and a
sustainable system of public utilities operated with transparency and fairness, in full compliance
with all standards. A public review/comment process that is free from retaliation, fear of
reprisal, or intimidation is essential to the mission for our community. So you know, I've been
hesitant to make this report out of concern of further retaliation—but here it is.
This complaint concerns retaliatory and intimidating conduct by a.regulated monopoly
utility in direct response to my lawful participation in Commission, IDEQ, and local government
public comment processes.
RESPONDENT:
Valiant Idaho, LLC and all affiliated and commonly controlled entities involved in the
ownership, operation, or management of public water and wastewater services at the Idaho Club.
STATEMENT OF FACTS:
Valiant Idaho and affiliates filed General Rate Case number VID-W-25-02 in March 2025. The
PUC Commission held public hearings and took public comments on this case in summer and
fall 2025. In order to bring sustainability and stability to development and infrastructure issues
at our Planned Unit Development(PUD),known as the Idaho Club, several other State and
County agencies are also involved in proceedings that allow public comment. Most notably are
the IDEQ processes to rectify deficiencies and permit non-compliance issues with drinking water
and wastewater treatment and reuse systems. Additionally, Bonner County is involved by
overseeing the general Land Use and Conditional Use Permit issues for the PUD and reviewing,
setting conditions, and approving ongoing subdivision development and lot sales in the master
development.

Page 2
Formal Complaint—Valiant Idaho
January 30,2026
During the PUC proceedings,there were several reports made that customers/citizens were being
intimidated, coerced, or victims of retaliation from Valiant Idaho. These alleged actions
included warnings to refrain from public comments, dismissal from the HOA Board, and
revoking golf and social club memberships. At the August 14,2025 public hearing in
Sandpoint, Commissioners expressly requested that any additional acts of retaliation be brought
to the Commission's attention. This filing is submitted in response to that request.
The transcript of the August 14,2025 Public Hearing held in Sandpoint, Idaho is clear that
the Commission requested to be notified of any other acts that could be considered
intimidation or retaliation. Please accept this as notification.
I participated in the IPUC public hearing process in this case, as well as similar processes with
State Agencies (IDEQ) and Bonner County. My participation was limited to raising technical,
cost, and capacity concerns regarding water and sewer infrastructure sustainability and fair
treatment of existing customers. In the fall of 2025, I received several unofficial warnings and
concerns from neighbors and Valiant investors that my and our unofficial group's efforts to
participate in the public review process were not welcomed by Valiant ownership and that past
similar activities had resulted in loss of Golf Club privileges. I took no actions at this time other
than to point out that we had protected rights to participate in governmental hearings,that we
simply wanted a working water/sewer system for the long term and that we would welcome any
open dialogue with owners of Valiant. In the week of December 15,2025, several activities
and events are noteworthy and demonstrate a nexus to this alleged retaliation and a
proximity of time between actions and retaliation.
First, during this week of December 15, 2025, IDEQ was accepting public comments on the draft
wastewater treatment and reuse permits. Valiant was a direct Permittee on one permit and also a
contractual party with Gem State Infrastructure on the other. I filed public comments to IDEQ
on the Draft Permits after hours on December 15,2025 (attached as Exhibit 1). Due to wide
circulation of unofficial drafts of these public comments and availability of these final comments
in the public domain, I feel Valiant had access to these on or before December 16, 2025: My
comments asked questions about permit conditions including some issues about increasing fees
to property owners, timing of required golf course irrigation pond construction, and also the
proposal of re-allocating water and sewer connections away from existing "standby" customers
for the benefit of future subdivision lot sales. I provided notice to several neighbors that there
was an opportunity to make public comments to the DEQ on the draft permits.
On December 18,2025,my previous offer of meeting with Valiant reps about"regional
technical solutions"to the wastewater treatment and capacity issues resulted in a meeting
(myself) with two Valiant representatives. I had expected a technical discussion and
brainstorming session on potential wastewater solutions that could result in better long-term
sewer solutions in the region and possibly better and more stable wastewater services for the
property owners in the Idaho Club. While that discussion did happen, it was brief and concluded
either"too little-too late" or"maybe a regional solution in 20 years". While there were some
noteworthy technical discussions about the best solutions for the specific Idaho Club needs,the
majority of the 3-hour meeting focused on Valiant's development objectives and the negative
impact that public participation was having on subdivision approvals and lot sales.

Page 3
Formal Complaint—Valiant Idaho
January 30,2026
Several times during this meeting, it was expressed to me that my participation in the public
review process was not welcomed by Valiant. At one time, I was asked to stop participating or
commenting and that such activities were causing friction with Valiant and different groups of
homeowners/neighbors in the community. It was suggested strongly to me that I should stand
down and stop involvement in the water/sewer issues, and all the neighbors and Valiant people
could remain friends. I responded by expressing the desire to have cordial and friendly relations
with neighbors in my retirement years—but a solid technical solution for water/sewer services
and fair treatment on costs and rates was paramount and I felt a duty to express information and
comments in the public review session to yield the best and most fair solutions. This meeting
started at 3:00 PM and concluded at approximately 6:15 PM on December 18,2025.
On December 19,2025—approximately 24 hours later—I received an email from Valiant
notifying me that my Idaho Club membership was revoked without warning (Exhibit 2).
This revocation of club membership not only applies to me but extends to my wife and
family. In addition to loss of club privileges, I appear to have lost the $17,500 waiver/credit for
initiation fees that were included as part of my residential lot purchase from Valiant. The timing,
context, and prior statements establish a clear nexus between my public participation and this
adverse action. This conduct constitutes retaliation intended to intimidate not only me,but
other customers who may otherwise participate in public review processes.
IDEQ Compliance: I believe that another incident is worthy of mentioning as it could be
interpreted as either an act of retaliation or intentional non_compliance. Our personal water
service is the last connection on a 3-inch water main with a dead-end within inches of our
connection. This dead-end is an accumulation location for sediment, stagnant water, biofilm and
other foreign matter. These dead-end main lines are known to be a potential health hazard as
they can accumulate microbial material including possible pathogens. IDEQ rules require the
installation and use of a flushing valve in these cases as a public health protection. My requests
for installing this "flushing valve"went ignored several times in 2024 and 2025. I also asked
that work be completed prior to the installation of landscaping on my property. The flushing
valve was not installed until ordered by IDEQ as a"compliance matter" in August 2025. Since
this was after my landscaping was installed, I commissioned and funded the landscape repairs
after the installation of the flushing valve. Please see Exhibit 3.
APPICALBLE PROVISIONS:
Idaho Statutes in Title 61 and Idaho Administrative Code Chapter 31 contain several "general
duty" clauses that require the Utility to act in a"just and reasonable"manner when dealing with
customers and provision of goods or services. Specifically, "61-303. RULESAND
REGULATIONS JUST AND REASONABLE.All rules and regulations made by a public
utility affecting or pertaining to its charges or service to the public shall be just and
reasonable." Being banned from the Utility's golf club for speaking up at a public hearing is
"unreasonable." I believe that the Commission and staff have more specific references and case
precedents that prohibit the action in this complaint.
I believe that Valiant Idaho,TIC Utilities and other affiliates are all"one in the same" and
alter egos of each other. Thus, I believe the PUC authority extends to the acts of retaliation
cited in this case.

Page 4
Formal Complaint—Valiant Idaho
January 30,2026
Some instances that Valiant Idaho is the Utility under PUC authority include:
1. The CPCN is in the name of Valiant Idaho.
2. Real property and personal property (plant and equipment) used in the provision of public
water service is titled in the name of Valiant Idaho.
3. General Rate Case proceedings are in the Name of Valiant Idaho and the affiliate name of
TIC Utilities, is used interchangeably throughout the proceedings.
4. There is no dedicated staff nor accounting for time by employees of Valiant Idaho, The
Idaho Club Golf Club, nor TIC Utilities to track differences in time charges,
representation or acts to be accountable to specific affiliates—it's all Valiant Idaho.
5. From the current rate case and other reports, there appears to be little separation of
business/accounting records between the affiliates.
Accordingly, the Commission's authority extends to the conduct described herein.
Additionally, our community is suffering from under capacity water/sewer systems and other
incomplete infrastructure. Further, Valiant has filed applications for 3 new subdivisions within
the PUD boundaries with Bonner County and is seeking priority treatment for these subdivisions
ahead of existing property owners waiting to build due to a sewer connection moratorium.
Valiant's proposal includes re-allocating previously committed water and sewer capacity to the
new subdivisions in order to sell lots to the public and leave the existing vacant lot owners on
their own to figure out water and sewer service. Luckily, some of us spoke out at a Bonner
County land use hearing on this and the County Commission has temporarily denied the project.
However, the fear of reprisals and retaliation has had a chilling effect on community
participation. Many residents decline to participate in the public process, even though they have
strong opinions and concerns of the pending development approvals. This undermines the
integrity of regulatory and land use processes.
An open and transparent public review and comment process is essential for projects with the
depth and breadth of scope as the Idaho Club. I believe that this case is worthy of further
monitoring/investigation by State and Local Agencies for compliance with the Local Land Use
Planning Act, various provisions of the PUD/CUP, Idaho Title 50, and various environmental,
health, and safety requirements.
The success of our free-market economy includes a certain trust that"for-profit" companies will
generally comply with public laws and regulations and not take advantage of consumers. In the
case of a monopoly utility such as water and sewer service, public trust is essential and the only
way to ensure it is to allow free, open, and transparent public review processes. I fear the
respondent does not share this same respect for the public trust and review process. Allowing
such predatory business practices to go unabated is bad for our Citizens and the State.
RELIEF DESIRED:
Valiant has an active matter before the PUC (see Interlocutory Order 36879). I believe that these
actions of retaliation are noteworthy and that the current proceedings and future proceedings
should take this into consideration. There is precedence in adjusting rates and charges in such
cases. One case in particular was the 2024-25 proceedings for CDS Stoneridge Utilities. Island

Page 5
Formal Complaint—Valiant Idaho
January 30,2026
Park Water may be another example. In particular, the Commission may want to consider
reducing the authorized Rate of Return from the current 11% level.
To the extent that monetary fines are a possibility,I would support such action. I believe that the
respondent has a recurrence of using fear and intimidation as a way to stop public comment and
participation. The property owners and citizens deserve to live without such fear of reprisal for
simply making public comments solicitated by state and local agencies. A monetary penalty
may help preserve this right.
While this complaint is more about proper utility and land development regulation than golf
memberships or landscaping damage, I feel compelled to suggest one consideration. Relief
should include a credit for any future initiation fees in the golf or social club at the Idaho Club,
or future successors. To be exercised,to the extent any privileges are reinstated or desired by
claimant to obtain full membership status in the future. Or, in the alternate,refund of the
$17,500 initiation fee offered as part of the lot sales price paid in 2021 to Valiant Idaho.
Again, our main concern remains—implement an orderly build-out of the water/sewer systems in
our master planned community and make sure a reliable and safe system can adequately meet the
domestic and fire flow demands of the development. This should be the case for all property
owners without discrimination or taking water capacity from certain property owners and giving
it to others.
Monopoly utilities operate under a public trust. That trust depends upon transparency,
accountability, and free public participation. Retaliation against customers for speaking in public
proceedings is incompatible with that trust.
I respectfully request Commission review and appropriate action.
Please feel free to contact me at [e-mail] or(702) 348-8375 (cell/text).
Sincerely,
Dauid J. J:w&wA
David J. Frohnen
Attachments:
Exhibit 1. Email from David Frohnen to IDEQ with public comments on draft permits.
Exhibit 2. Email from Valiant Idaho to David Frohnen—Notice of Club Termination
Exhibit 3. IDEQ Compliance Order and email chain between Valiant Idaho and David Frohnen

[e-mail] f
From: [e-mail]
Sent: Monday, December 15, 2025 5:30 PM
To: [e-mail]
Cc: Dan McCracken; Katy Baker-Casile
Subject: WW Idaho Club - Public Comments on Draft Permits M-280-01 and M-281-01
Attachments: Public Comments - DEQ Draft Reuse Permits 12-15-25.pdf, Idaho Club PUD and CUP
2006.pdf; G E M STATE-Ida hoC I u b-WastewaterSewerSe rvi ceAg reement-Form.pdf
Dear Mr. Higgins,
Please accept this email as a submittal of Public Comments on the Subject.
Feel free to contact me with any questions or discussions.
Thanks much for your consideration on this important project.
Dave F.
David Frohnen
545 Green Monarch Lane
Sandpoint
[phone]
1

[e-mail] ex
From: William Haberman <[e-mail]>
Sent: Friday, December 19, 2025 8:52 PM
To: David Frohnen
Cc: John Herndon;Tony Letendre
Subject: Termination of Idaho Club Membership
David—Membership in The Idaho Club is a revocable license to use terminable at our discretion at any
time. It is a privilege, not a right.
Due to your repeated attempts to undermine our business interests and defame us personally and
professionally,your membership in The Idaho Club is hereby terminated effective immediately.
Bill
William Haberman
Managing Member
Valiant Idaho, LLC
TIC Utilities, LLC
The Idaho Club
151 Clubhouse Way
Sandpoint, ID 83864
[phone]
[e-mail]
www.theidahocLub.com
i

2110 Ironwood Parkway Brad Little,Governor
Coeur d'Alene,ID 83814•[phone] Jess Byrne,Director
AAA
July 25, 2025
Bill Haberman, Owner
Idaho Club drinking water system
[e-mail]
Subject: Water Service and Main Line Sanitary Defects—Action Required
Dear Mr. Haberman:
Upon review of water system upgrades and water services for the Idaho Club public drinking water system,the
Idaho Department of Environmental Quality(DEQ) has determined there are sanitary defects in the drinking
water system and violations of the Idaho Rules for Public Drinking Water Systems(IDAPA 58.01.08)that require
correction.Water services are provided from a transmission main on North Star Lane with low to no pressure,
and a dead-end exists off Green Monarch without a means to flush. Idaho Club water distribution mains must
maintain at least 40 psi throughout the distribution system and at the building site for each service connection
(IDAPA 58.01.08.542.13 &552.b.iv.).All dead-end water mains must be equipped with a means of flushing
according to rule (IDAPA 58.01.08.542.09.).
Please be reminded that the Moose Mountain Booster Station must receive authorization to serve and is
intended to provide adequate pressure in the distribution mains on Moose Mountain, and to services on North
Star Lane. Water services must not be connected to transmission mains and must be connected to distribution
mains with at least 40 psi.A means to flush all dead ends must be installed so that lines may be flushed at a
velocity of 2.5 feet per second.
Within 30 days contact DEQ, Coeur d'Alene Region,to set up a compliance conference call. Following
consultation,submit a corrective action plan with proposed actions and dates these corrections will be made
within 30 days.
I may be contacted by phone at(208)769-1422, or by email at [e-mail]. Additionally, Katy
Baker-Casile may be contacted for engineering review.
Sincerely,
Anna Moody
Drinking Water Compliance Supervisor
Ec: Jason Wereley, Designated Operator, [e-mail]
Keegan Kime, Drinking Water compliance Officer—DEQ, [e-mail]
Steve Burns,Water Quality Engineering—DEQ, [e-mail]
Katy Baker-Casile, Engineering Manager—DEQ, [e-mail]
Laserfiche: ID1090297 Idaho Club

[e-mail]
From: [e-mail]
Sent: Monday, September 8, 2025 10:05 AM
To: 'William Haberman'
Cc: 'tom curtiss'
Subject: RE:TIC Utilities -Water Account Issues for Frohnen - 545 Green Monarch Lane
Bill,
Hi,
Quick question, I hope.
It appears Kootenai Excavators did put in a flushing hydrant in my side yard.
I can not seem to reach them.
Do you know:
1. Are they 100%done with this? Not sure if some top soil/grass could be replaced?
2. Was there are reason the hydrant is at a 20 degree angle from vertical?
Thanks much for doing this. It will help the long-term cause.
Best
Dave F.
From:William Haberman<wi Ilia [e-mail]>
Sent: Friday,June 20, 20251:52 PM
To:[e-mail]
Cc:tom--curtiss<[e-mail]>
Subject: Re:TIC Utilities-Water Account Issues for Frohnen-545 Green Monarch Lane
David's Congratulations on your move-in.
Regarding a blow-off valve you requested,the mainline extension, as-built,was reviewed and approved
by IDEQ when we completed the work.
Had this been an IDEQ requirement, it would have been included by our engineers and/or IDEQ would
not have approved us.
Given our pending rate case with IPUC,we are avoiding any extraordinary expenses not necessary or
specifically required of us.
Regards, Bill
1

On Jun 19, 2025, at 11:39 AM, [e-mail] wrote:
Bill,
Hi,
The update from our side is we are moved-in and finishing up on landscaping.
tD:EQguida:n1,ce.
re stanting the blow-off(flushing valve)on the dead end water main issue installed per
I have not heard or seen anything on this.
We will be landscaping over this area soon and a future install may create access and damage
concerns.
Could you please let me know the status of the dead end line flushing valve and anything I can do to
get it going? Do you have an install date?
Thanks
Dave Frohnen
From:William Haberman <[e-mail]>
Sent:Thursday, March 6,2025 4:08 PM
To: David Frohnen<[e-mail]>
Cc: Dianne<[e-mail]>;tom Curtiss<[e-mail]>
Subject: Re:TIC Utilities-Water Account Issues for Frohnen-545 Green Monarch Lane
David—Good to hear you are getting close to moving in. Congratulations!
To your points below:
1). On the flushing valve, I senrt your note to our engineer of record who designed the
mainline extension and ushered it through the approvals from DEQ. It is possible that he
and/or DEQ missed this, but it doesn't happen often.
2). 1 am fine with an April 1, 2025 start date for the billing. By cc:,Dianne and Tom at
Panhandle Management, our billing agent, is hereby notified that we can zero out any
balance before April 1, 2025 and start billing from that point forward: -
3). On the water meters, as you may have seen from our recent Public Notice,we now
have our CPCN and thus are being regulated by IPUC as a private water system. We have
initiated our initial rate case,with proposed rates to be reviewed by IPUC,which may
include metered rates. We started installing meters a month or so ago, but once we
Learned that the rate case will not likely be fully decided until Fall 2025,we decided to hold
off on the installation of the remaining meters until we have a better indication of what
IPUC staff is recommending to the IPUC as to our requested metered rates. Based on our
conversations with them,we expect that metered rates will be approved at some level, but
2

the final rates are TBD. I would expect to start installing the remaining meters in late
Summer or early Fall 2025.
Regards, Bill
William Haberman
Managing Member
Valiant Idaho, LLC
TIC Utilities, LLC
The Idaho Club
151 Clubhouse Way
Sandpoint, ID 83864
[phone]
wh theidahoclub.com
www.theidahoclub.com
On Mar 6, 2025, at 2:15 PM, <[e-mail]>
<davidfrohnen@gmail com>wrote:
Greetings,
I'm sending this to update you and other managers at TIC Utilities on a few
matters on our water account. Please forward this note as appropriate to the
correct contacts.
Our account is listed on our invoices as Account#: Lot 4, Blk 1, GTE 9
First-Congratulations and thanks for completing the required booster pump
station needed to serve our lot.
Also,we are letting you know-we are planning to move into the house on or
about May 1, 2025.
We are requesting that your field crew install a flushingvalve (blow-off) at the
end of th d end" main near our house _
This dead end main line will tend to accumulate sediment, and causing
water quality issues, and should be flushed on occasion by your operator.
Attached is an excerpt of the IDEQ rules for Public Drinking Water Systems
covering the specifics for this requirement in more detail.
FYI - I did request this flushing valve (blow-off) at the time of connecting
service through my building contractor. Evidently the message may have
3

L
t.
feel it is an important aspect of the system and would ensure
nce with IDE_ rules.
On Billing status,we believe a correction to our account is needed.
For various reasons, including, but not limited to,the completion of the
booster pump station and completion of the home construction, and
flushing valve;we understand we should start billing in April or May
2025. We are fine with a start date of 4-1-25 to match your billing cycle.
So, could you please credit our account for any and all past invoices so that
the balance is zero on April 1, 2025.
Lastly, mostly curious - but is there an update on water meter installations?
Feel free to contact me as needed.
Sincerely,
David Frohnen
da_vidfrohn l.com
[phone]
<IDEQ Rules on Dead End Water Mains.pdf>
4