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HomeMy WebLinkAbout20260908Order_for_Investigation_Order_No_37155.pdf Office of the Secretary Service Date September 8,2026 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION INVESTIGATION INTO LAKE LOWELL ) CASE NO. LLW-W-26-01 WATER, LLC, OWNER OF A WATER ) SUPPLY AND DISTRIBUTION SYSTEM ) ORDER FOR INVESTIGATION ORDER NO. 37155 Lake Lowell Water, LLC,' ("Company") is a private water utility located in Canyon County near Caldwell, Idaho. The Company provides water service to 50 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 August 4, 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 its recommendation on the Company's failure to respond to a May 12, 2026, email in which Staff sought information to help determine if the Company may be operating as an unregulated public utility within the State of Idaho. We now issue this Order directing Staff to open an investigation into 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. ' The Idaho Department of Environmental Quality identifies the Company as Lakeview Water Company 1. ORDER NO. 37155 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 Company's records 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. 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 8th day of September 2026. G EDWARD LODGE, PR&91DENT lr_z,- �ft� J R. HAMMOND JR., COMMISSIONER DAYN HA IE, COMMISSIONER ATTEST: o i a anchez Commission Secretary I:\Legal\WATER\LLW-W-26-01_investigation\LLW W2601_Invest;1.docx ORDER NO. 37155 2