20230606Decision Memo.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: CLAIRE SHARP
DEPUTY ATTORNEY GENERAL

DATE: JUNE 6, 2023

SUBJECT: IN THE MATTER OF THE INVESTIGATION OF ISLAND PARK
WATER COMPANY’S VIOLATIONS OF THE IDAHO PUBLIC
UTILITIES LAW; CASE NO. ISL-W-23-02.

On June 1, 2023, Staff of the Idaho Public Utilities Commission (“Commission”)
requested an investigation of Island Park Water Company (“Island Park” or “Company”) for
violations of the Idaho Public Utilities Law, Title 61, Idaho Code. Island Park operates a “Water
system” as a “Water corporation” as defined by Idaho Code §§ 61-124 and 61-125 and is a
public utility subject to the jurisdiction of the Commission under Idaho Code § 61-129. The
Company operates under Certificate of Public Convenience and Necessity No. 317. Island Park’s
service area comprises seven separate water systems located in Fremont County, Idaho.
STAFF RECOMMENDATION
Staff recommends the Commission open an immediate investigation of the Company for
violations of Idaho Public Utilities Law, take appropriate measures to enforce the provisions of
the Idaho Public Utilities Law, and decide the following:
1. Whether the Company should be ordered to appear at a Hearing and Order to Show
Cause for violating the Idaho Public Utilities Laws;
2. Whether the Company is subject to penalties under Idaho Code §§ 61-706 and 61-
707,
3. Whether the Company’s employees and officers are subject to additional penalties
under Idaho Code § 61-709;
DECISION MEMORANDUM 2

4. Whether the Company’s Certificate of Public Convenience and Necessity (“CPCN”)
should be revoked;
5. Whether imposing a receivership would serve the public interest; and
6. Whether other measures are necessary to protect public health and safety.
COMMISSION DECISION
Does the Commission wish to open an immediate investigation of the Company for
violations of Idaho Public Utilities Law, take appropriate measures to enforce the provisions of
the Idaho Public Utilities Law, and decide the following:
1. Whether the Company should be ordered to appear at a Hearing and Order to Show
Cause for violating the Idaho Public Utilities Laws;
2. Whether the Company is subject to penalties under Idaho Code §§ 61-706 and 61-
707,
3. Whether the Company’s employees and officers are subject to additional penalties
under Idaho Code § 61-709;
4. Whether the Company’s Certificate of Public Convenience and Necessity (“CPCN”)
should be revoked;
5. Whether imposing a receivership would serve the public interest; and
6. Whether other measures are necessary to protect public health and safety.
7. Anything else?

Claire Sharp
Deputy Attorney General

I:\Legal\WATER\Island Park - Investigation June 2023\ISLW2302_dec1_dh.docx