20261020Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JEFFREY R. LOLL
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 20, 2026
SUBJECT: INVESTIGATION INTO ROLLING HILLS ACRES DIVISION II, LLC,
OWNER OF A WATER SUPPLY AND DISTRIBUTION SYSTEM; CASE NO.
RHA-W-26-01.
Rolling Hills Acres Division II, LLC, ("Company") is a private water utility located in
Jefferson County near Rigby, Idaho. The Company provides water service 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.
At the Commission's August 4, 2026, Decision Meeting, Commission Staff ("Staff')
recommended the Commission open a docket to formally investigate whether the Company is
operating as a public utility that should be regulated by the Commission.
On September 8,2026,the Commission issued Order No. 37156, directing Staff to investigate
the facts surrounding the regulatory status of the Company and to file a written recommendation with
the Commission concerning the investigation.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Modified Procedure establishing a
December 1, 2026, public comment deadline and a December 15, 2026, reply comment deadline.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Modified Procedure establishing a December
1, 2026,public comment deadline and a December 15, 2026, reply comment deadline?
r
Jeffrey R. Loll
Deputy Attorney General
IALega1\WATER\RHA-W-26-01_investigatiou\memos\RHAW2601_dec2_mod_j l.docx
DECISION MEMORANDUM 1