20260623Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: TRAVIS CULBERTSON, PROGRAM MANAGER—ACCOUNTING&
FINANCE
ERIKA K. MELANSON,DEPUTY ATTORNEY GENERAL
DATE: JUNE 23, 2026
SUBJECT: INVESTIGATION INTO ELEVATE EAGLE MHC,OWNER OF A WATER
SUPPLY AND DISTRIBUTION SYSTEM
Elevate Eagle MHC 1 ("Eagle MHC"), previously known as Riviera Estates Mobile Home
Park, is associated with a water system identified by the Idaho Department of Environmental
Quality ("DEQ") as Eagle MHC (Public Water System No. ID4010123). Eagle MHC is a private
water utility located in Ada County near Eagle, Idaho. Eagle MHC provides water service to 44
connections. Eagle MHC 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 a formal
investigation is necessary to determine whether Eagle MHC 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 determine whether Eagle MHC should be regulated and, if so,
recommend any further action necessary to comply with applicable laws.
BACKGROUND
On April 21, 2026, the DEQ notified Staff that Eagle MHC may be operating as an
unregulated water utility and customers are concerned with Eagle MHC business practices. On
April 28, 2026, Staff contacted Eagle MHC via e-mail, indicating that Staff had been informed
that Eagle MHC may be operating as an unregulated public utility within the State of Idaho. On
' The Idaho Secretary of State website represents that Elevate Eagle MHC is an assumed business name of Elevate
Eagle LLC and as of 4/11/2025 is managed by Sojourn Holding Group Inc,which is owned by Demetre Booker Jr.
DECISION MEMORANDUM 1 JUNE 23, 2026

April 28, 2026, Staff met with Trevor Lawhorn of Elevate Commercial to discuss the
Commission's jurisdiction, the process for becoming regulated, and to obtain a better
understanding of the water system. Mr. Lawhorn indicated that Eagle MHC would provide a
response. On April 30, 2026, and June 9, 2026, the Commission received informal complaints
from customers regarding alleged overcharging, intimidation, and concerns about Eagle MHC's
business practices. On June 2,2026, Staff e-mailed Eagle MHC requesting an update and seeking
to schedule a follow-up meeting to discuss the regulatory process. As of June 17, 2026, Eagle
MHC has not responded or provided an update.
STAFF RECOMMENDATION
Based on the available information, Staff believes there is sufficient evidence to merit a
formal investigation to determine whether Eagle MHC is operating as a public utility subject to
the Commission's regulatory jurisdiction. An investigation would include discovery requests to
Eagle MHC, an examination of Eagle MHC's financial records, and a recommendation to the
Commission regarding any further action, if necessary.
COMMISSION DECISION
Does the Commission wish to open an investigation to determine whether Elevate Eagle
MHC should be regulated by the Commission and direct Staff to submit a recommendation upon
completion of the investigation?
Travis Culbertson
Program Manager—Accounting & Finance
I:\Utility\UDMEMOS\Elevate Eagle MHC_tc.docx
DECISION MEMORANDUM 2 JUNE 23, 2026