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HomeMy WebLinkAbout20261020Decision 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 LAKE LOWELL WATER, LLC, OWNER OF A WATER SUPPLY AND DISTRIBUTION SYSTEM; CASE NO.LLW-W-26-01. Lake Lowell Water, LLC,1 ("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') 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. 37155, 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 3, 2026, public comment deadline and a December 17, 2026, reply comment deadline. COMMISSION DECISION Does the Commission wish to issue a Notice of Modified Procedure establishing a December 3, 2026,public comment deadline and a December 17, 2026, reply comment deadline? --Y� 's Jeffrey R. Loll Deputy Attorney General IALega1\WATER\LLW-W-26-01_investigation\memos\LLW W2601_dec2_mod_jl.docx 1 The Idaho Department of Environmental Quality identifies the Company as Lakeview Water Company 1. DECISION MEMORANDUM 1