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HomeMy WebLinkAbout20260708Notice_of_Investigation_Order_No_37091.pdf Office of the Secretary Service Date July 8,2026 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION INVESTIGATION INTO ELEVATE EAGLE ) CASE NO. EEM-W-26-01 MHC, OWNER OF A WATER SUPPLY AND ) DISTRIBUTION SYSTEM ) NOTICE OF INVESTIGATION ORDER NO. 37091 Elevate Eagle MHC1 ("Company"), previously known as Riviera Estates Mobile Home Park, is a private water utility located in Ada County near Eagle, Idaho. The Company provides water service to 44 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 June 23, 2026, 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 this recommendation on information provided by the Company. Based on our review of the record, the Commission now issues this Order opening an investigation to determine whether Elevate Eagle MHC should be regulated by the Commission and directing Staff to submit a recommendation upon completion of the investigation. COMMISSION FINDINGS AND DECISION Considering the uncertainty surrounding the Company's regulatory status,the Commission finds it reasonable to investigate the Company pursuant to its 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 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. ' 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. NOTICE OF INVESTIGATION ORDER NO. 37091 1 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 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. THIS IS AN INTERLOCUTORY ORDER rather than a final and appealable Order of the Commission.While the Commission may review, stay, or clarify an interlocutory order,the period of reconsideration will not begin until the Final Order is issued. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 8th day of July 2026. G EDWARD LODGE, PRF DEN_T JO R. HAMMOND JR., COMMISSIONER DAYN HA IE, COMMISSIONER ATTEST: jPDX, o i a anchez Commission Secretary I:\Legal\WATER\EEM-W-26-01_investigation\orders\Investigation em.docx NOTICE OF INVESTIGATION ORDER NO. 37091 2