20230620_GNRW1701_cs.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: CLAIRE SHARP
DEPUTY ATTORNEY GENERAL

DATE: JUNE 20, 2023

SUBJECT: IN THE MATTER OF THE INVESTIGATION INTO WHETHER VP, INC.
IS A PUBLIC UTILITY SUBJECT TO REGULATION BY THE IDAHO
PUBLIC UTILITIES COMMISSION; CASE NO. GNR-W-17-01.

BACKGROUND
Beginning in 2017, the Idaho Public Utilities Commission (“Commission”) received
inquiry regarding the regulatory status of VP, Incorporated (“the Company”), a private water and
sewer company located near Sandpoint, Idaho. The Company has not been regulated by the
Commission and does not possess a certificate of public convenience and necessity (“CPCN”).
The Commission directed Staff, pursuant to its statutory authority and jurisdiction under
the Idaho Public Utilities Law, specifically Idaho Code §§ 61-612 and 61-501, to investigate
whether or not the Company is operating as a public utility and if any steps should be taken by the
Company to comply with Idaho law. Order No. 33929 at 1.
Ongoing litigation concerning issues of ownership of the water system and service
obligations between the Company and Valiant Idaho, LLC, stalled Staff’s investigation. Now, with
the recent development regarding Valiant Idaho, LLC’s and TIC Utilities, LLC’s sale of certain
water system assets, it appears that many of the legal issues have been resolved.
In Order No. 35700, the Commission directed the Company to respond to discovery
questions and inquiries made by Staff, and notified the Company that Staff would make a
recommendation to the Commission regarding the Company’s status, a requirement of a CPCN,
and any further recommendations regarding the adequacy of service, and rate setting, once Staff
completed its investigation, or at the appropriate time.
DECISION MEMORANDUM 2

STAFF’S RECOMMENDATION
Staff recommends the Commission issue a Notice of Modified Procedure establishing a
July 25, 2023, public comment deadline and an August 9, 2023, Company reply deadline.
COMMISSION DECISION
Does the Commission wish to issue a notice of Modified Procedure and establish a July
25, 2023, public comment deadline and an August 9, 2023, Company reply deadline?

Claire Sharp
Deputy Attorney General

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