20230117Second Declaration of Beck.pdf

SECOND DECLARATION OF DOYLE H. BECK - 1

MARK R. FULLER (ISB NO. 2698)
DANIEL R. BECK (ISB NO. 7237)
PAUL L. FULLER (ISB NO. 8435)
FULLER & BECK LAW OFFICE, PLLC
410 MEMORIAL DRIVE, SUITE 201
P.O. BOX 50935
IDAHO FALLS, ID 83405-0935
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]

ATTORNEY FOR PETITIONER
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

DONALD SORRELLS,

COMPLAINANT,

v.

SUNNYSIDE PARK UTILITIES, INC.,

RESPONDENT.

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) Case No. GNR-U-22-03
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) SECOND DECLARATION OF DOYLE BECK
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COMES NOW, Doyle H. Beck, who states and alleges as follows:

1. I am an adult, reside in Bonneville County, State of Idaho, and am the President
and a Director of Sunnyside Park Utilities, Inc.
2. I am competent to testify and do so upon my personal knowledge.
3. Sunnyside Park Utilities, Inc. (“SPU”), was formed in 2002 for the purpose of
providing water and sewer service to the owners and tenants of real property
located within Sunnyside Industrial and Professional Park (“SIPP”), located in
Bonneville County. SPU was not created to serve as the sole provider of water and
sewer service within SIPP, nor has SPU held itself out as ready, willing and able to
serve the needs of each owner or tenant in SIPP.
4. SPU evaluates new connections or expansions of existing connections on a case-
by-case basis after evaluating the needs of the potential customer and the
RECEIVED
Tuesday, January 17, 2023 4:46:21 PM
IDAHO PUBLIC
UTILITIES COMMISSION

SECOND DECLARATION OF DOYLE H. BECK - 2

remaining capacity available in SPU’s system, and has refused to provide service
to applicants where SPU’s system was inadequate to meet the applicant’s needs.
5. In 2022, SPU formally converted into an Idaho Non-Profit Corporation to satisfy
concerns of the IPUC that SPU could potentially make profits or distributions in the
future.
6. As an Idaho Nonprofit Corporation, it would be unlawful for SPU to make any
distribution, as stated in Idaho Code Section 30-30-904 – 905, except upon
dissolution.
7. SPU has not violated Idaho Code Section 30-30-904 by making any distribution to
owners or directors of SPU.
8. No officer, director, or employee has taken a distribution or payroll from Sunnyside
Park Utilities, Inc., since its inception in 2002.
9. Because the SPU formal conversion only occurred in 2022, no financial documents,
cost analysis or tax returns have been prepared which could be provided to IPUC to
establish that no unlawful distributions have occurred.
10. Declarant affirmatively states that SPU is both organized and operated for service
at cost and not for profit.
11. Further this Declarant sayeth not.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF IDAHO THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE.

DATED this 17th day of January, 2023.

/s/ Doyle H. Beck
Doyle H. Beck
President/Director
Sunnyside Park Utilities, Inc.

SECOND DECLARATION OF DOYLE H. BECK - 3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I served a true and correct copy of the following
described pleading or document on the attorney listed below on this 17th day of January,
2023:
Document Served: SECOND DECLARATION OF DOYLE H.
BECK

Party Served:

Paul B. Rippel, Esq. Via E-mail
Austin O. Allen, Esq.
HOPKINS RODEN CROCKETT
HANSEN & HOOPES, PLLC
428 Park Ave.
Idaho Falls, ID 83402

/s/ Paul L. Fuller
Paul L. Fuller
FULLER & BECK LAW OFFICES, PLLC