20230309Notice_of_Continuing_Investigation_Order_No_35700.pdf

NOTICE OF CONTINUING INVESTIGATION
ORDER NO. 35700 1

Office of the Secretary
Service Date
March 9, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

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 CONTINUING
INVESTIGATION

ORDER NO. 35700

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 found it reasonable to conduct an investigation pursuant to its statutory
authority and jurisdiction under the Idaho Public Utilities Law, specifically Idaho Code §§ 61-612
and 61-501. Order No. 33929 at 1. The Commission directed Commission Staff (“Staff”) to
determine if the Company should be a regulated utility pursuant to Idaho Code and if any steps
should be taken by the Company to comply with Idaho law. Id.
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, it appears that many of the issues that were the subject of litigation have been
resolved.
We direct the Company to respond to discovery questions and inquiries made by Staff.
Once Staff completes its investigation, or at the appropriate time, it shall 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.
O R D E R
IT IS HEREBY ORDERED that Staff shall continue to investigate the status of the
Company. At the appropriate time, Staff shall provide a recommendation to the Commission for
further action, if any.
IT IS FURTHER ORDERED that the Company respond to Staff inquiries regarding
compliance with Title 61 of the Idaho Code. The Company is directed to cooperate with Staff’s
NOTICE OF CONTINUING INVESTIGATION
ORDER NO. 35700 2

investigation of this matter. Staff is directed to issue production requests, written interrogatories
or other forms of discovery as well as pursue its statutory right to examine and audit the records.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 9th day of
March 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND, JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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