20260908Order_for_Investigation_Order_No_37156.pdf

Office of the Secretary
Service Date
September 8,2026
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
INVESTIGATION INTO ROLLING HILLS ) CASE NO. RHA-W-26-01
ACRES DIVISION II,LLC, OWNER OF A )
WATER SUPPLY AND DISTRIBUTION ) ORDER FOR INVESTIGATION
SYSTEM )
ORDER NO. 37156
Rolling Hills Acres Division II, LLC, ("Company") is a private water utility located in
Jefferson County near Rigby, Idaho. The Company provides water to 47 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.
This investigation will 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. 37156 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 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 8tn day of
September 2026.
G
EDWARD LODGE, PR&91DENT
lr�-
J R. HAMMOND JR., COMMISSIONER
DAYN HA IE, COMMISSIONER
ATTEST:
I_ / e- Q,
Monica Bmfri Sanchez
Commission Secretary
IALega1\WATER\RHA-W-26-01_investigation\RHAW2601_Invest j.docx
ORDER NO. 37156 2