20231106_VEOW2303_dh.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

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

FROM: DAYN HARDIE
DEPUTY ATTORNEY GENERAL

DATE: NOVEMBER 6, 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, (“Avimor”
or “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 (“Complaint”). 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.
On October 19, 2023, the Commission issued a Summons and Complaint directing the
Company to respond to the Complaint within 21 days of the service date.2

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.
2 The Company received the Summons and Complaint on October 23, 2023, according to the registered mail receipt
from USPS. This would make the response due by November 13, 2023.
DECISION MEMORANDUM 2
On November 3, 2023, the Company informally requested a seven-day extension to
respond to the Summons and Complaint. The Company cited a conflict of interest with its regular
counsel necessitating additional time to retain outside counsel to respond.
On November 6, 2023, Complainant, through its counsel, informally communicated it
would take no position on the Company’s request but did iterate that this matter is very important
to Avimor and resolution of the matter should not be drawn out to its detriment.
RECOMMENDATION
Staff takes no position on this request.
COMMISSION DECISION
Does the Commission wish to grant the Company’s request for a seven-day extension to
respond to the Summons and Complaint, directing the Company to respond by November 20,
2023?

______________________________
Dayn Hardie
Deputy Attorney General

I:\Legal\WATER\VEO-W-23-03_Avimor\memos\VEOW2303_dec2_dh.docx