20230301Order_No_35691_Denying_Request_to_Vacate_Hearing.pdf

ORDER DENYING THE COMPANY’S REQUEST
TO VACATE THE ORDER TO SHOW CAUSE HEARING
ORDER NO. 35691
Office of the Secretary
Service Date
March 1, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ISLAND PARK
WATER COMPANY’S FAILURE TO
COMPLY WITH IDAHO PUBLIC UTILITIES
COMMISSION REPORTING AND FISCAL
REQUIREMENTS
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CASE NO. ISL-W-23-01

ORDER DENYING THE
COMPANY’S REQUEST
TO VACATE THE ORDER TO
SHOW CAUSE HEARING

ORDER NO. 35691

On February 15, 2023, Island Park Water Company (“Island Park” or “Company”) filed
a request to vacate the Order to Show Cause Hearing set for February 22, 2023, by Order No.
35675 (“Motion”). The Company’s request was filed by its owner Dorothy McCarty and president.
Ms. McCarty alleges that she has submitted additional documentation on behalf of the Company
to satisfy the Commission Staff’s (“Staff”) Audit Requests and that she has a medical hardship
that will prevent her from attending the Show Cause Hearing on February 22, 2023.
At the Commission’s February 21, 2023, Decision Meeting, Staff presented a decision
memorandum advocating that Ms. McCarty is acting as an unlicensed attorney by filing the Motion
in a quasi-judicial matter, in violation of the Commission’s Rule of Procedure 43.02, IDAPA
31.01.01.43.02. Staff explained that Rule of Procedure 43.02 requires a corporation to be
represented by a licensed attorney in quasi-judicial proceedings. Staff noted that this would not
prevent Ms. McCarty from appearing at a show cause hearing as a witness.
The Commission now issues this Order denying the Company’s Motion for reasons
described below.
JURISDICTION
Island Park operates a water system as a water corporation as defined by Idaho Code
§§ 61-124 and 61-125 and is therefore a public utility under Idaho Code § 61-129. The
Commission has jurisdiction over Island Park and the issues in this case under the Public Utilities
Law, Idaho Code §§ 61-101 et seq., including Idaho Code § 61-501 (vesting the Commission with
the “power and jurisdiction to supervise and regulate every public utility in the state and to do all
things necessary to carry out the spirit and intent of” the Public Utilities Law), and Idaho Code
ORDER DENYING THE COMPANY’S REQUEST
TO VACATE THE ORDER TO SHOW CAUSE HEARING
ORDER NO. 35691
§ 61-701 et seq. (directing the Commission as to enforcement, penalties, and interpretation of
Public Utilities Law).
BACKGROUND
On February 1, 2023, the Commission issued a Notice of Hearing and Order to Show
Cause directing Ms. McCarty to appear before the Commission at a February 23, 2023, Show
Cause Hearing to explain why she had not responded to Staff’s Audit Requests and filed required
accounting reports. Order No. 35675. On February 15, 2023, Ms. McCarty filed her Motion
requesting that the Commission vacate the February 22, 2023, Show Cause Hearing. On February
17, 2023, the Commission vacated and reset the date of the Show Cause Hearing independent of
the arguments in the Motion. Specifically, the Commission vacated and reset the Show Cause
Hearing so that Staff and the Commission could more fully investigate the initial allegations raised
against the Company and to have additional time to investigate new allegations that the Company
was retaliating against customers, handling customer complaints improperly, engaged in improper
and inconsistent billing practices, and failing to provide safe, reliable, and adequate service. See
Order No. 35682.
COMMISSION DISCUSSION AND FINDINGS
The Commission vacated the Show Cause Hearing set for February 22, 2023, and reset
the matter for March 13, 2023. Accordingly, the Motion’s request to vacate the Show Cause
Hearing is moot. Order No. 35682. Ms. McCarty’s Motion also requests that we dismiss this
matter. The Commission finds this request is without merit. Currently, there are still outstanding
questions about whether the Company has provided adequate responses to Staff’s Audit Requests
and submitted all required financial reports. Additionally, there are new allegations leveled against
the Company that it is retaliating against customers, improperly handling customer complaints,
improperly billing customer sand failing to provide safe, and reliable service. See Order No. 35682
at 9. Due to these issues the Commission finds it fair, just and reasonable, and in the public interest,
to hold the March 23, 2023, Show Cause Hearing. Accordingly, the request to vacate this case
entirely is denied.
Another issue raised by Staff is whether Ms. McCarty can represent and file pleadings
on behalf of the Company in this quasi-judicial proceeding. In quasi-judicial proceedings
Commission Rule of Procedure 43.02.b. requires a partnership or corporation to be represented by
a licensed attorney. IDAPA 31.01.01.43.02.b.; see also Indian Springs, L.L.C. v. Indian Springs
ORDER DENYING THE COMPANY’S REQUEST
TO VACATE THE ORDER TO SHOW CAUSE HEARING
ORDER NO. 35691
Land Investment, L.L.C., 147 Idaho 737, 215 P.3d 457, 464-465 (2009) (representation of another
person before a public agency or service commission constitutes the unauthorized practice of law
where the proceedings before those tribunals are held for purposes of adjudicating the legal rights
or duties of a party). Based on the foregoing, we find that Ms. McCarty cannot represent the
Company in this case because she is not a licensed attorney in the state of Idaho.
Staff has informed Ms. McCarty that she may contact the Idaho State Bar for further
information about obtaining legal counsel, and that Staff cannot provide the Company with legal
advice or representation.
Ms. McCarty’s Participation in Administrative Proceedings
The Commission finds that the Company does not need an attorney for Ms. McCarty
to appear before the Commission as a witness to respond to the matters set forth in Order No.
35682. Order No. 35682 at 9. The Commission expects Ms. McCarty will provide detailed
responses to the issues set forth in Order No. 35682 at 9 on behalf of the Company at the March
13, 2023 Show Cause Hearing.
The Commission has been informed that Staff is reviewing the supplemental audit
responses Ms. McCarty submitted on February 15, 2023. As a result, it is not known yet whether
the Company has sufficiently responded to Staff’s Audit Requests. As stated above, the
Commission has received evidence of additional issues related to the Company’s billing practices,
handling of customer complaints, alleged failure to provide safe and reliable water, and concerns
with Company retaliation against its customers, that it is requiring Ms. McCarty to respond to as
a Company witness at the upcoming March 13, 2023, Show Cause Hearing.
Ms. McCarty’s Health Concerns
Ms. McCarty stated that she has a medical issue that prevents her from traveling to
Boise, Idaho for the Show Cause Hearing. The Commission has notified Ms. McCarty that all
persons in need of “other assistance to participate in or to understand testimony and argument at a
public hearing may ask the Commission to provide a sign language interpreter or other assistance
at the hearing.” Order Nos. 35675 and 35682. The Commission has an Americans with Disabilities
Act (ADA) Coordinator who will make reasonable accommodations to ensure people with
disabilities have an equal opportunity to participate. The Commission encourages Ms. McCarty to
reach out to the Commission’s ADA Coordinator and discuss reasonable accommodations and
options for participating in the Order to Show Cause Hearing set for March 13, 2023.
ORDER DENYING THE COMPANY’S REQUEST
TO VACATE THE ORDER TO SHOW CAUSE HEARING
ORDER NO. 35691
Ms. McCarty may also contact the Commission Secretary to request accommodation
at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
[e-mail]
The request for assistance must be received at least five working days before the
hearing.
The Commission’s Americans with Disabilities Act Notice is available on its website
at http://www.puc.idaho.gov under the IPUC Guidance Documents Tab.
ORDER
IT IS HEREBY ORDERED that the Company’s request to vacate the February 22,
2023, Order to Show Cause hearing, is denied as moot. The Commission has vacated the February
22, 2023, Show Cause Hearing, and reset the matter for March 13, 2023, in Order No. 35682.
Additionally, the Commission denies the Motion as the Commission finds that holding the reset
Show Cause Hearing on March 13, 2023, is in the public interest for the reasons set forth in our
findings.
IT IS FURTHER ORDERED that Ms. McCarty is prohibited from representing the
Company at the Show Cause Hearing or filing substantive motions on behalf of the Company for
the Show Cause Hearing. Ms. McCarty, as the Company’s president, shall continue to respond to
audit requests, and may participate in administrative proceedings described in IDAPA
31.01.01.43.01. Further, Ms. McCarty can testify on behalf of the Company as its witness to
respond to the matters that must be addressed as set forth on page 9 of Order No. 35682 at the
March 13, 2023, Show Cause Hearing.
IT IS FURTHER ORDERED that Ms. McCarty is encouraged to reach out to the
Commission’s ADA Coordinator to discuss assistance she may require at the Order to Show Cause
Hearing set for March 13, 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
ORDER DENYING THE COMPANY’S REQUEST
TO VACATE THE ORDER TO SHOW CAUSE HEARING
ORDER NO. 35691
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 1st day
of March 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\WATER\Island Park\orders\ISLW2301_Atty Rep_ADA_cs_jhsuggestions2.docx