20190103Answer to Petitions for Intervention.pdf

Michael C. Creamer (lSB No. 4030)
Preston N. Carter (lSB No. 8462)
Givens Pursley LLP
601 W. Bannock St.
Boise, lD 83702
Telephone: [phone]
Facsimile: (208) 388-l 300
mcc@ givenspursley. com
Attorneys for SUEZ Water ldaho Inc.
[30-t74) ]4459441.1
IN THE MATTER OF THE JOINT
APPLICATION OF SUEZ WATER
IDAHO AND EAGLE WATER
COMPANY FOR THE ACQUISITION
OF EAGLE WATER COMPANY
RiC E IVEI)
iill! J,,tH -3 PH l: r+0
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case Nos. SUZW-18-02
EAG-W-18-01
ANSWER TO PETITIONS FOR
INTERVENTION
Pursuant to the Rules of Procedure of the Idaho Public Utilities Commission, IDAPA
37.01.01 .075 & 37.01.01 .57.03, SUEZ Water Idaho Inc. ("SUEZ") files this Answer to the
Petitions to Intervene filed by Eagle Water Customer Group and Citizens Allied for Integrity and
Accountability.
BlcrcnouNo
The Application. The Application seeks approval of SUEZ's acquisition of Eagle Water
Company's water service assets, amendment of SEUZ's certificate of public convenience and
necessity to incorporate Eagle Water Company's ("Eagle Water") service area and customers,
approval of certain rate and ratemaking matters, and a rate increase for current Eagle Water
customers.
City of Eagle. Many, if not all, of Eagle Water Company's customers reside within the
City of Eagle. The City of Eagle asserts that it has requested intervention to assert and advance
the interests of its residents. Petition to Intervene of City of Eagle at2.
ANSwER To PETITIONS TO INTPRVTNT - 1
City of Boise. Many current SUEZ customers live in the City of Boise. The City of Boise
asserts that it has requested intervention to ensure its SuEz-served residents will not be impacted
financially, and to ensure SUEZ's level of service is maintained. City of Boise City Petition to
Intervene ("Boise Petition") at 2.
Community Action Partnership Association of ldaho. Community Action Partnership
Association of Idaho ("CAPAI"), an established 501(cX3) non-profit corporation and frequent
participant in Commission proceedings, requested to intervene as an organization that
"specifically represent[s] public utilities' low-income customers." CAPAI's Petition to Intervene
at 2. CAPAI asserts, among other things, its interest in ensuring the transaction "will not be
disproportionately burdensome to all low income customers affected," and that CAPAI's history
as the "primary low income advocate appearing before the Commission" places it "in a favorable
position to provide educated input regarding low income interests and the interests of the
majority ofjoint applicant's ratepayers." Id. at3.
Eagle Water Customer Group. Eagle Water Customer Group ("EWCG"), asserts that it is
an "unincorporated nonprofit association" composed of"ratepayers, taxpayers, and concerned
citizens, including customers of one of the Applicants, Eagle Water Company" that was formed
specifically "to oppose and respond to the proposed acquisition." EWCG's Petition to Intervene
("EWCG Petition") at2-3. EWCG alleges, without explanation, that "[n]o other party can
adequately represent the interests of EWCG." Id. EWCG does not, however, identify how many
members it has, the class of persons that it purports to represent (beyond "ratepayers, taxpayers,
and concerned citizens"), or any contributions to the Commission's deliberations EWCG might
provide, or beyond what the City of Eagle, the City of Boise, CAPAI, or Citizens Allied for
Integrity and Accountability might provide (discussed below).
ANSwTR To PETITIoNS To INTTRvENE - 2
Citizens Allied for Integrity and Accountability. Citizens Allied for Integrity and
Accountability ("CAIA") has petitioned to intervene. CAIA's Petition to Intervene ("CAIA
Petition"). As with EWCG, CAIA alleges that it is composed of "ratepayers, taxpayers, and
concemed citizens, including customers of one of the Applicants, Eagle Water Company." CAIA
Petition at2. CAIA asserts that it is a preexisting advocacy group whose mission "is broad
enough to include the current Petition" because its members have an interest in maintaining high
quality water resources that adequately support current users and future development in Eagle, in
maintaining local control of resources, and protecting citizens from rate hikes. Id. at 2. In
addition to its asserted "interest in maintaining high quality water resources," CAIA asserts its
members stand to be impacted from "possible environmental harms stemming from the merger,"
and that the proposed phased-in rate increase threatens to impose substantial financial hardship
on Eagle Water customers who are single parents, elderly or living with disabilities on fixed and
limited incomes. Similarly, without support, CAIA asserts that "[n]o other party can adequately
represent the interests of CAIA." Id. Like EWCG, CAIA does not identify how many members
it has, the class of persons that it purports to represent (as with EWCG, beyond "ratepayers,
taxpayers, and concerned citizens"), or what contributions it will provide that are different from
the other intervenors.
ANswnR
SUEZ does not object to the intervention of the City of Boise, the City of Eagle, or
CAPAI, provided that their participation does not unduly broaden the scope of this proceeding.r
t While CAPAI is a seasoned and credible intervenor, CAPAI's Petition to Intervene suggests that it may
attempt to re-examine existing low-income assistance programs. CAPAI's Petition to Intervene at 3. Any
broad reexamination of SUEZ's low-income programs affecting all SUEZ customers would unduly
broaden the issues in this case, and should instead take place in SUEZ's next general rate case. SUEZ
intends to extend its existing low-income assistance programs to Eagle Water customers who become
SUEZ customers as a result of the transaction at issue here.
ANsweR To PETrrroNS To INrrRvrNe - 3
EWCG and CAIA present a more difficult case. Each purports to represent the same
"ratepayers, taxpayers, and concerned citizens, including customers of one of the Applicants,
Eagle Water Company." EWCG Petition at2-3; CAIA Petition at 2. Neither identifies a unique
interest or class of ratepayers it seeks to represent; neither identifies how it will contribute to
relevant issues in a manner distinct from the Cities or CAPAI; and neither backs up its assertion
that no other party will adequately represent its interests. Further, there appears to be at least
some overlap between the two groups' membership. For example, the business address for
EWCG shown in the EWCG Petition is the address of CAIA's president. Compare EWCG
Petition at 1 (listing its business address as 8770 W. Chaparral Road, Eagle Idaho 83616) v.'ith
CAIA's Annual Report Form with the Idaho Secretary of State, attached as Exhibit I (listing
Shelley Brock as President and Registered Agent with an address of 8770 W. Chapanal Road,
Eagle Idaho 83616).
That said, at this time SUEZ does not have enough factual information to formally
oppose EWCG or CAIA's requests. SUEZ reserves the right to seek dismissal of either or both
of these groups if, at a later time, it appears that they do not have a direct or substantial interest,
or that they will not uniquely contribute to the case. See IDAPA 31.01.01 .074 ("lf itlater
appears that an intervenor has no direct or substantial interest in the proceeding, or that the
intervention is not in the public interest, the Commission may dismiss the intervenor from the
proceeding."). SUEZ also notes that these groups' participation cannot be allowed to unduly
broaden the proceeding. Id. ("lf a petition to intervene shows direct and substantial interest in
any part of the subject matter of a proceeding and does not unduly broaden the issues, the
Commission or the presiding officer will grant intervention, subject to reasonable conditions.").
ANsweR To PETITIoNS TO INTTRVTNE - 4
SUEZ also notes that costs of intervention are chargeable to the class of customers
represented by the intervenors. IDAPA 31.01.01.165.03. Here, three groups of intervenors, that
appear to have significant (if not complete) overlap of members and interests, would separately
impose intervenor funding costs onto the approximately 4,200 EWC customers.
Rreuosr FoR RELTEF
SUEZ respectfully requests that:
l) The Petitions to Intervene of the City of Eagle and the City of Boise City be granted;
2) The Petition to Intervene of CAPAI be granted, subject to the condition that any re-
examination of SUEZ's low-income assistance program for all SUEZ customers is not an
issue in this proceeding;
3) The Petitions of EWCG and CAIA be granted conditionally, subject to a later
determination as to whether their intervention is in the public interest.
DATED this 3'd day of January,2079.
SUEZ Water Idaho Inc.
Mi C. Creamer
Givens Pursley LLP
Attorneys for SUEZ Water ldaho Inc.
By:
ANSwER To PETITIoNS TO INTERVENE - 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 3'd day of January,2019, a true and correct copy of the
foregoing document was served on the following in the manner indicated:
Diane M. Hanian
Commission Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise,Idaho 83702
IPUC
Brandon Karpen
Deputy Attomey General
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise,Idaho 83702
Attorneys for IPUC
Robert DeShazo
Eagle Water Company, Inc
188 W. State Street
Eagle,Idaho 83616
Petitioner
N.L. Bangle
188 W. State Street
Eagle,ID 83616
Petitioner
Stan Ridgeway, Mayor
City of Eagle
660 E. Civil Lane
Eagle, ID 83616
Intervenor City of Eagle
Cherese D. Mclain
MSBT Law, Chtd.
7699W. Riverside Drive
Boise, Idaho 83714
Auorneys for Intervenor City of Eagle
Norman M. Semanko
Parsons Behle & Latimer
800 West Main Street, Suite 1300
Boise, Idaho 83702
Anorneys for Intervenor Eagle Water
Customer Group
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diane.hanian@puc. idaho. sov
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ANsweR To PETrrroNS To INrERvpNp - 6
Eagle Water Customer Group
8770 W. Chapanal Road
Eagle, ID 83616
Intervenor Eagle Water Customer Group
Abigail R. Germaine
Deputy City Attorney
Boise City Attorney's Office
150 N. Capitol Blvd.
P.O. Box 500
Boise, Idaho 83701 -0500
Attorneysfor Intervenor, City of Boise
City of Boise City
150 N. Capitol Blvd.
P.O. Box 500
Boise, ID 83701-0500
Intervenor City of Boise
Charlene K. Quade
Heather L. Conder
Sean R. Beck
Land M. Pounds
C.K. Quade Law, PLLC
600 E. fuverpark Ln., Ste. 215
Boise,ID 83706
Attorneys.for Intervenor Citizens Allied for
Inte grity and Accountability
Citizens Allied for Integrity and
Accountability
P.O.Box2622
Eagle,Idaho 83616
Intervenor, Citizens Allied for Integrity and
Accountability
Brad M. Purdy
Attorney atLaw
2019 N. lTth Street
Boise,ID 83702
Attorney for Community Action Partnership
Association of ldaho
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ANswpR To PETrrroNS To INrpRvrNr - 7
Michael C.
EXHIBIT 1
No. C 20610s txe no later than run 30, 2018
Annual Form
CITZEi{S AI I IFD FOR II{TEGRITY Al\D ACCOIJNTABIUTY,
II{C.
C.A.LA.
PO BOX 2622
EAAE D 83616
2. Registered Agent ard Address (tO FO BO()
Reurrn b:
SECRETARY OF STATE
7OO WEST JEFFEPSON
PO BOX 83720
BOEE, ID 8372G.0080
lDHLIIIGEIF
RECETVE) BY TX,E DATE
SHEU.EY BROCK
8770 W CMPPARRAL RD
EAGf ID 83616
3. l,lew Registered Agent Signaurre: +
4, Corporatiors: Enter I'l,ames ard &.rsiness Addresses of President Secrehry, and Directors. Treasurer (opbonal).
Office Fleld llame Sbeet or PO Address City
DIRECTOR JULIE FI,J@TE 1861 tTA/ 24TH 5T, FRUITLANDDIRECTOR I.-EE TURNER 1399 WEST NEWFIELD DR. EAGIfPRESIDENT SHETI-EY BROCK 8770 CHAPARRALRD EAGIfTREASURER ETUABETH ROEERTS 1351 N MANSFIELDPL EAGfSECRETARY SHERRY @RDON PO BOX 1091 EMMETT
Sbte
ID
]D
ID
]D
ID
Country
USA
USA
USA
USA
USA
Postal Code
83515
83616
83616
83616
83617
5. Organized Urder the laws of:
ID
c 206105
6. Annual Report must be signed.*
Signature: Elizabeth Roberts
I{ame (type or print): Bizabeth Roberb
DaE: 04/24i2018
Tide: Treasurer
Processed A4/2412078 * gectronically provided signahJres are accefied as original signatures.
ANswrn To PETITIONS TO INTENVENT - 8
I