20210608Motion to Recommence Proceedings.pdf

Michael C. Creamer (ISB No. 4030)
Preston N. Carter (ISB No. E462)
Givens Pursley LLP
601 W. Bannock St.
Boise,lD 83702
Telephone: [phone]
Facsimile: (208) 388-1 300
[e-mail]
IN TI{E T{ATTEROF THE JOINT
APPLICATION OF S{'EZ WATER
IDAHO A}IDEAGLE WATER
CoMPANY FOR TIIE ACQIJISITION
OF EAGLE WATERCOMPAI{Y
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prcstoncartcr@gi venspurslev.com
156t9193_ldc (3G174)
Attorneysfor SWZWater ldaho Inc.
BEX'ORE TEE IDAEO PTIBLIC I]TIITTIES COMMISISION
Case Nc. SUZ'W-lt{2/
EAC,-W-r8{1
MOTION TO RECOMMENCE
PR(rcEEDINGS
Eagle Water Company, Inc. ('Eagle Watet') aod SLrEZ Water Idaho Inc. ('SUEZ')
collectively the "Applicaots" pursuaot to Commission Rule 56, IDAPA 3 I .01 .0 1 .56, hereby file
this Motion to Recommence Proceedings ('Motiotf) requesting that the Idaho Public Utilities
Commission ('Commission-) issue an order: l) lifting the current stay of procedings in the
above-captioned case; 2) authorizing the filing of the Applicants' Amen&d Applicotion and the
&qplemental Testtmony ofMarshall Thompson, Cathy Cooper and Jarmila Cary and of Robert
V. Deshazo, Jr. submitted contemporaneously herewith; and 3) dcsignating such other
procedures and schedule as the Commission deems appropriate underthe circumstances to
expeditiously process this case to conclusion.
BACKGROIINI}
I . On November 15, 20I 8 the Applicants filod their Joint Application requesting that
the Commissiotr approve SUEZ' proposed acquisition of certain Eagle Water assets.
MOTION TO RECOMMENCE PROCEEDINGS - I
2. On January 10,2019, following Commission notice, the Commission granted
intervention of:
City of Eagle
Eagle Water Customer Group
City of Boise
Community Action Partnership Association of Idaho
Citizens Allied for Integrity and Accountability.
Order No. 34229. Thereafter, the parties engaged in discovery, but no pre-hearing schedule was
established by the Commission.
3. In its January 8, 2019 Amended Petition to Interttene, City of Eagle asserted that it
believed it had a contractual right-of-first refusal ("ROFR")to purchase Eagle Water Company's
water system. On February 27,2079, the City filed its Notice of Filing in Related Judicial
Proceeding identifying the City's civil action against Eagle Water in Fourth Judicial District
Case No. CV0l-19-03534 seeking to enforce its asserted ROFR.
4. On March 21,2019 SUEZ filed its Unopposed Motionfor Sray with the
Commission requesting that the Joint Applicationproceeding be stayed pending the outcome of
Case No. CV01-19-03534. Commission Order No. 34292 issued March 27,2019 granted
SUEZ' Motion, retaining jurisdiction over the Joint Application.
5. On February 24,2021City of Eagle, Eagle Water, SUEZ and H2O Eagle
Acquisition, LLC filed their Settlement Agreement and Mutual Release anda Stipulation of
Dismissal (the"Settlement") withthe District Court. On March 8,2021,the District Court
ordered that all claims and counterclaims were dismissed with prejudice with the caveat that the
dismissal was without prejudice to the ability of City of Eagle to refile its claims in the event that
the sale of the assets of Eagle Water to SUEZ is not completed.
MOTION TO RECOMMENCE PROCEEDINGS .2
6. SUEZ and Eagle Water notified the Commission and other parties of the
Settlement via their Eighth Quarterly Status Report filed on March 23,2021.
7. The Applicants now are prepared to move forward with their Joint Application,
and if approved by the Commission, with their purchase and sale of the Eagle Water assets.
8. The passage of time since this case was stayed and certain terms of the Settlement
necessitate amendment of the Applicants'Asset Purchase Agreements and certain facts asserted
in the Joint Application. It also has required supplementation of the Direct Testimony of SLIEZ
and Eagle Water witnesses as originally filed with ttre Commission. The Applicants' Amended
Application and Supplemental Testimony arc submitted contemporaneously with this Motion.
REQTIEST FOR RELIEF
Because Case No. CV0l-19-03534 has been settled, removing the reason for the pending
stay of proceedings, and because the Settlement and passage of time have necessitated certain
revisions to the Applicants' APAs, thefu Joint Application and their Direct Testimony, the
Applicants respectfully request that the Commission issue an Order: 1) lifting the current stay of
proceedings in the above-captioned case; 2) accepting for filing the Applicants' Amended
Application and the Supplemental Testimony of Marshall Thompson, Cathy Cooper and Jarmila
Cary and of Robert V. DeShazo, Jr. submitted contemporaneously herewith; and 3) designating
such other procedures and schedules as the Commission deems appropriate under the
circumstances to expeditiously process this case to conclusion.
MOTION TO RECOMMENCE PROCEEDINGS - 3
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Autwysfor SUEZ Vaer lfulo lrc.
Eagle Srder Compann Im
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Itolly
MOTION TO RECOIi'IMHTICts PROCEEDINGS .4
OF SERVICE
I IIEREBY CERTIFY that on 7un<-2021,atrtrc and correct copy
ofthe foregoing document was served on the following in the manner indicated:
JanNoriyuki
Commission Secretary
Idaho Public Utilities Commission
P.O. Box E3720
Boise, Idaho 83720 -007 4
IPUC
Matt Hunter
Dayn Hardie
Deputy Attorneys General
Idatro Public Utilities Commission
P.O. Box 83720
Boise, Idaho 83720-007 4
Attormqsfor IPUC
Manhall Thompson
SUEZ Waterldatro Inc.
8248 W. Victory Road
Boise,Idaho 83709
SWZWater ldalo Inc.
MollyO'I.eary
BizCounselor@Law, PLLC
1775W. State St. #150
Boise,lD 83702
Counselfor Eagle Water Compary
Robert V. DeShazo, Jr.
Eagle Water Company, Inc.
188 W. State Sheet
Eagle, Idaho 83616
N.L. Bangle
I{2O Eagle Acquisition, LLC
188 W. State Stneet
Eagle,ID 83516
Jason Pierce, Mayor
City of Eagle
660 E. Civil Lane
Eagle,ID 83616
Intentenor City of Eagle
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[X] bV E-Mail secrctarv@ouc. idaho.sov
ian. norivuki@ouc. idaho.eov
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E-Mail matt.hunter@.ouc. idaho.eov
davn.hard iet@ouc. idaho. sov
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MOTION TO RECOMMENCE PROCEEDINGS .5
B. Newal Squyres
Murray D. Feldman
Holland & Hart LLP
800 W. Main Steet, Suite 1750
P.O.Box2527
Boise, ID 83702-2527
Attorneysfor Intervenor City of Eagle
Norman M. Semanko
Parsons Behle & Latimer
800 WestMain Steet, Suite 1300
Boise,Idaho 83702
Attorneys for Intemenor Eagle Water
Customer Group
Mary Grant
ScottB. Muir
Deputy City Afiorney
Boise City Attorney's Offioe
150N. Capitol Blvd.
P.O. Box 500
Boise, Idaho t3701 -0500
Attorneysfor Intettenor, City of Boise
James M. Piotrowski
PIOTROWSKI DI.JRAND, PLrc
P.O. Box 2864
1020 W. Main Street Suite 440
Boise,ID 83701
Attorneys for Intemenor C it izew A llied for
Inte grity and A cc ountability
Brad M. Purdy
Attorney at I-aw
2019 N. 176 Steet
Boise,ID E3702
Attorney for C ommunity Ac tion P artnership
Association of ldaho
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M C. Creamer
MOTION TO RECOMMENCE PROCEEDINGS . 6