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HomeMy WebLinkAbout20231017_VEOW2303_dh.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: DAYN HARDIE DEPUTY ATTORNEY GENERAL DATE: OCTOBER 17, 2023 SUBJECT: IN THE MATTER OF AVIMOR’S FORMAL COMPLAINT AGAINST VEOLIA WATER IDAHO; CASE NO. VEO-W-23-03. On October 10, 2023, Avimor, through its General Manager Brad Pfannmuller, (“Complainant”), lodged a formal complaint against Veolia Water Idaho (“Veolia” or “Company”) contending that a 2016 agreement for extension of water service to Lot 23 Block 12 of Avimor Subdivision No. 5 (“2016 Agreement”) between Suez Water Idaho (“SUEZ”)1 and Avimor should be honored by Veolia. The Complainant stated that the plan Veolia now proposes includes a main line extension down McLeod Rd. that is different and would cost more than anticipated in the 2016 Agreement. This represents a financial burden to the school which is anticipated to be constructed there by fall 2024. Among several exhibits included with the Complaint, the Complainant referenced Exhibit A (the 2016 Agreement) but did not include Exhibit A. On October 16, 2023, Avimor filed a Notice of Representation, informing the Commission that Norman Semanko would be representing Avimor in this matter, and an errata to the formal complaint (“Errata”). The Errata contained the 2016 Agreement between SUEZ and Avimor. RECOMMENDATION Staff recommends the Commission issue a Summons to the Company directing it to answer or otherwise respond to the Complaint and Errata within 21 days. 1 In Order No. 35443, the Commission approved Veolia’s Application to approve the name change of Suez Water Idaho, Inc. to Veolia Water Idaho, Inc. DECISION MEMORANDUM 2 COMMISSION DECISION Does the Commission wish to issue a Summons to the Company directing it to answer or respond to the Complaint and Errata within 21 days? ______________________________ Dayn Hardie Deputy Attorney General I:\Legal\WATER\VEO-W-23-03_Avimor\memos\VEOW2303_dec1_dh.docx