20200506Notice_of_Modified_Procedure_Order_No_34662.pdf

NOTICE OF REVIEW
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34662 1

Office of the Secretary
Service Date
May 6, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE COMMISSION’S
INVESTIGATION OF ISLAND PARK
COMPANY, INC.’S BILLING PRACTICES
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CASE NO. ISL-W-11-01

NOTICE OF REVIEW

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 34662

On June 21, 2011, the Commission opened an investigation into Island Park Water
Company, Inc’s (“Company”) billing practices. See Order No. 32268. In Order No. 32268 the
Commission ordered the Company to comply with specific directives.
The Commission issues this Notice and Order to provide a process to review and
determine whether the Company has complied with the Commission’s directives in Order No.
32268. This matter will be processed by Modified Procedure and this Notice and Order sets
comment and reply deadlines.
BACKGROUND
Island Park Water Company, Inc. (“Company”) is located in eastern Idaho near West
Yellowstone, where it provides water services to its customers. In 2010 and 2011, Company
customers complained to the Commission that the Company was charging them a different annual
rate than the rate specified in the Company’s tariff schedule. More specifically, the Company
issued annual water bills charging customers on a “per lot basis” instead of a “per customer” or
per connection basis. Commission Staff subsequently investigated the complaints and obtained
substantiating information.
Based on the complaints and Staff’s investigation, the Commission on its own motion
issued an emergency Order directing the Company to: (1) cease all billing practices that conflict
with the tariff; (2) refrain from terminating service to customers who did not pay annual bills that
conflict with the tariff; (3) send corrected invoices to all customers who were billed incorrectly
and simultaneously provide copies to the Commission; (4) repay customers for any amounts
collected based on a rate exceeding the rate allowed by the tariff; (5) send a copy of its current
NOTICE OF REVIEW
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34662 2

customer list to the Commission; and (6) provide Staff with a specific date and time that the
Commission’s auditors may visit the Company. Order No. 32268 at 1-3.
NOTICE OF REVIEW
YOU ARE HEREBY NOTIFIED that this matter comes to the Commission for review
for it to determine whether the Company has complied with, in whole or in part, the directives in
Order No. 32268. If the Company has complied with these directives or sufficient, substantial
progress has been made by the Company toward compliance the Commission will consider
whether this case can be closed.
YOU ARE FURTHER NOTIFIED that Order No. 32268 is available on the
Commission’s web site at www.puc.idaho.gov. Click on the “Water” tab first, then the “Open
Cases” tab, and then the case number “ISL-W-11-01” as also shown on the front of this
document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code. The Commission
may enter any final order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Commission's Rules of Procedure, IDAPA 31.01.01.201
through .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 anyone desiring to state a position on the issues
in the case must file written comments with the Commission within twenty-one (21) days from
the service date of this Notice. The comment must explain why the person who filed them
supports or opposes whether the Company has complied with the directives in Order No. 32268
or not. Persons desiring a hearing must specifically request a hearing in their written comments.
Written comments concerning this case should be sent electronically to the Commission and the
Company at the email addresses reflected below:
NOTICE OF REVIEW
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34662 3

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

Street Address for Express Mail:

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

Dorothy McCarty
Island Park Water Company, Inc.
P.O. Box 2521
Idaho Falls, ID 83403
Email: [e-mail]

If a person cannot send comments by email, they may be submitted by mailing them to the
addresses above. Comments should contain the case caption and case number shown on the first
page of this document. Persons submitting comments by email may do so by accessing the
Commission’s home page located at www.puc.idaho.gov. Click the “Case Comment Form” under
“Consumers”, and complete the comment form using the case number, as it appears on the front
of this document. These comments must also be sent to the Company.
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within twenty-eight (28) days from the service date of this Notice.
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.
O R D E R
IT IS HEREBY ORDERED that this case be processed by Modified Procedure, Rules
201 – 204 (IDAPA 31.01.01.201 through .204). Persons wishing to file written comments must
do so within twenty-one (21) days from the service date of this Notice. The Company must file
any reply comments within twenty-eight (28) days from the service date of this Notice.
IT IS FURTHER ORDERED that parties continue to comply with Order No. 34602,
issued March 17, 2020. All pleadings should be filed with the Commission electronically and shall
be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
NOTICE OF REVIEW
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34662 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 6th
day of May 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER
ATTEST:

Diane M. Hanian
Commission Secretary

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