20120619final_order_no_32575.pdf

Office of the Secretary
Service Date
June 19,2012
BEFORE THE IDAhO PUBLIC UTILITIES COMMISSION
LEN AND KATHY KOCH,)
)CASE NO.FLS-W-12-02
COMPLAINANTS,)
)
v.)
)
FALLS WATER COMPANY,INC.,)ORDER NO.32575
)
RESPONDENT.)
On February 29,2012,Leonard and Kathy Koch (“Complainants”)contacted
Commission Staff to complain that Falls Water Company was overcharging them for a line extension
to their property at 4335 N.Ammon Road,Idaho Falls (the “Property”).Informal resolution attempts
did not succeed,and Complainants filed a formal complaint.On March 22,2012,the Commission
accepted the complaint and issued a Summons.The Company filed an answer on April 12,2012.
Staff informs us that on April 17,2012,Mr.Koch verbally notified Staff that
Complainants had sold the Property on April 13,2012.Mr.Koch later verbally told Staff that
Complainants were withdrawing their complaint and that,per Staff request,they would send a
written notice of withdrawal.See Rule 68 (party desiring to withdraw pleading must file a notice of
withdrawal).To date,however,Complainants have not filed the notice.Staff says it has
unsuccessfully attempted to contact Complainants several times to remind them to file written notice.
Staff also obtained a copy of the deed,recorded April 13,2012,conveying the Property to a new
owner.
Based on this record,the Commission finds that Complainants no longer wish to proceed
with their complaint.Therefore,the complaint shall be dismissed without prejudice.
ORDER
IT IS HEREBY ORDERED that the complaint is dismissed without prejudice.
THIS IS A FNAL ORDER.Any person interested in this Order (or in issues finally
decided by this Order)or in interlocutory Orders previously issued in this case may petition for
reconsideration within twenty-one (21)days of the service date of this Order with regard to any
matter decided in this Order or in interlocutory Orders previously issued in this case.Within
seven (7)days after any person has petitioned for reconsideration,any other person may cross
petition for reconsideration.See Idaho Code §61-626.
ORDER NO.32575 1
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of June 2012.
64cPAULKJ.LAND,PRESIDENT
MACK A.REDFORD(9OMMISSIONER
_Th
C)‘!
MARSHA H.SMITH,COMMISSIONER
ATTEST:
/Li.
Jean D.Jew’fl
COmmission Secretary
O:FLS-W-12O2kk
ORDER NO.32575 2