20230703Notice_of_Modified_Procedure_Order_No_35842.pdf

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35842 1

Office of the Secretary
Service Date
July 3, 2023

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

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 the Commission Staff (“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, many of the legal issues have been resolved allowing for the investigation to
resume.
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. The
Commission now issues this Notice of Modified Procedure establishing deadlines for interested
persons and parties to comment on the Investigation and for the Company to reply.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
IN THE MATTER OF THE INVESTIGATION
INTO WHETHER VP, INC. IS A PUBLIC
UTILITY SUBJECT TO REGULATION BY
THE IDAHO PUBLIC UTILITIES
COMMISSION
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CASE NO. GNR-W-17-01

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35842
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35842 2

Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-204. The Commission
notes that Modified Procedure and written comments have proven to be an effective means for
obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Investigation may file a written comment explaining why they support or oppose the Investigation.
Persons who would like a hearing must specifically request a hearing in their written comments.
Persons shall have until July 25, 2023, to file written comments. Comments must be filed
through the Commission’s website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s website at www.puc.idaho.gov. Click the
“Case Comment Form” and complete the form using the case number as it appears on the front of
this document. To file by e-mail, the customer must e-mail the comments to the Commission
Secretary and the Company at the e-mail addresses listed below. If computer access is unavailable,
then comments may be mailed to the Commission and Company at these addresses:
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

For VP:

Richard A. Villelli
VP Incorporated
P.O. Box 1785
Sandpoint, ID 83864-0903
[e-mail]

Susan Weeks
1626 Lincoln Way
Coeur d’Alene, ID 83814
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
August 9, 2023.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its order
without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35842 3

ORDER
IT IS FURTHER ORDERED that the Company’s Investigation be processed by Modified
Procedure. Persons interested in submitting written comments must do so by July 25, 2023. The
Company must file any reply comments by August 9, 2023.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3rd day of
July 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR, COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER
ATTEST:

___________________________________
Jan Noriyuki
Commission Secretary

I:\Legal\WATER\GNR-W-17-01\Orders\GNRW1701_NtcMod_cs.docx