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Home My WebLink About20211008Motion for Approval of Stipulation and Settlement.pdfMOTION FOR APPROVAL OF STIPULATION AND SETTLEMENT - 1 Michael C. Creamer (ISB No. 4030) Preston N. Carter (ISB No. 8462) Givens Pursley LLP 601 W. Bannock St. Boise, ID 83702 Telephone: (208) 388-1200 Facsimile: (208) 388-1300 mcc@givenspursley.com prestoncarter@givenspursley.com Attorneys for SUEZ Water Idaho Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT APPLICATION OF SUEZ WATER IDAHO AND EAGLE WATER COMPANY FOR THE ACQUISITION OF EAGLE WATER COMPANY Case Nos. SUZ-W-18-02/ EAG-W-18-01 MOTION FOR APPROVAL OF STIPULATION AND SETTLEMENT SUEZ Water Idaho Inc., (“SUEZ Water,” or “Company”), Eagle Water Company, Inc. (“Eagle Water Company”), and the Idaho Public Utilities Commission Staff (“Staff”), hereby move the Idaho Public Utilities Commission (“Commission”) for an Order accepting the Stipulation and Settlement filed herewith. IDAPA 31.01.01.56, .272, .274. This motion is based on the following. 1.On June 8, 2021, SUEZ Water and Eagle Water Company filed an Amendment to Joint Application requesting approval of a transaction under which SUEZ Water would acquire the assets of Eagle Water Company (the “Transaction”). 2.In Order No. 35104, the Commission provided notice of the amended application, indicated that the case would proceed after being stayed for a period, and set a deadline for intervention. No additional parties intervened, and the Commission issued a Second Amended Notice of Parties on August 23, 2021. 3.In Order No. 35160, the Commission gave notice that the case would be RECEIVED 2021 OCT -8 PM 4:23 IDAHO PUBLIC UTILITIES COMMISSION MOTION FOR APPROVAL OF STIPULATION AND SETTLEMENT - 2 processed by modified procedure; scheduled deadlines for comments; and scheduled a public workshop and customer hearing. 4.During the course of this case, Staff and other parties propounded production requests upon SUEZ Water, Eagle Water Company, and other parties. 5.The parties to the case scheduled and attended three settlement meetings and one accounting workshop to discuss possible settlement of this case. After these settlement meetings, as a compromise of positions in this case, to obtain the benefits of the Transaction for SUEZ Water and Eagle Water Customers, and for other considerations as set forth below, the Parties agree to the terms of the Stipulation and Settlement filed along with this Motion. 6.The Parties recommend that the Commission grant this Motion and approve the Stipulation and Settlement in its entirety, without material change or condition, pursuant to IDAPA 31.01.01.274. 7.In light of the proposed Stipulation and Settlement, the Parties respectfully request that the Commission issue a Notice of Proposed Settlement and schedule further proceedings to allow for expeditious processing of this case, taking into account the need for comments and involvement from members of the public. 8.The Parties agree that the Stipulation and Settlement is in the public interest and that all of its terms and conditions are fair, just and reasonable and consistent with law. NOW, THEREFORE, the Parties respectfully request that the Commission issue an order 1. Granting this Motion and accepting the Stipulation and Settlement in its entirety, without material change or condition; and 2. Authorizing the Company to implement revised tariff schedules as necessary to implement the terms of the Stipulation and Settlement. MOTION FOR APPROVAL OF STIPULATION AND SETTLEMENT - 3 DATED: October ______, 2021 SUEZ Water Idaho Inc. By: Michael C. Creamer Preston N. Carter Givens Pursley LLP Attorneys for SUEZ Water Idaho Inc. Eagle Water Company, Inc. By: Molly O’Leary BizCounselor@Law, PLLC Attorneys for Eagle Water Company, Inc. DATED: October ______ , 2021 IDAHO PUBLIC UTILITIES COMMISSION STAFF By: Dayn Hardie Deputy Attorney General 8th 8th MOTION FOR APPROVAL OF STIPULATION AND SETTLEMENT - 4 CERTIFICATE OF SERVICE I certify that on ____ day of _________, 2021, a true and correct copy of the foregoing was served upon all parties of record in this proceeding via electronic mail as indicated below: Jan Noriyuki Commission Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, Idaho 83720-0074 IPUC [ ] by U.S. Mail [ ] by Personal Delivery (Original & 3 copies) [ ] by Facsimile [X] by E-Mail secretary@puc.idaho.gov jan.noriyuki@puc.idaho.gov Dayn Hardie Erick Shaner Deputy Attorneys General Idaho Public Utilities Commission P.O. Box 83720 Boise, Idaho 83720-0074 Attorneys for IPUC [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail dayn.hardie@puc.idaho.gov erick.shaner@puc.idaho.gov Marshall Thompson SUEZ Water Idaho Inc. 8248 W. Victory Road Boise, Idaho 83709 SUEZ Water Idaho Inc. [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail marshall.thompson@suez.com Molly O’Leary BizCounselor@Law, PLLC 1775 W. State St. #150 Boise, ID 83702 Counsel for Eagle Water Company [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail molly@bizcounseloratlaw.com Robert V. DeShazo, Jr. Eagle Water Company, Inc. P.O. Box 455 Eagle, ID 83616-0455 Petitioner [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail eaglewaterco@gmail.com N. L. Bangle H2O Eagle Acquisition, LLC 188 W. State Street Eagle, ID 83616 [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail nbangle@h2o-solutionsllc.net Jason Pierce, Mayor City of Eagle 660 E. Civil Lane Eagle, ID 83616 Intervenor City of Eagle [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail jpierce@cityofeagle.org tosborn@cityofeagle.org 8th October MOTION FOR APPROVAL OF STIPULATION AND SETTLEMENT - 5 B. Newal Squyres Murray D. Feldman Holland & Hart LLP 800 W. Main Street, Suite 1750 P.O. Box 2527 Boise, ID 83702-2527 Attorneys for Intervenor City of Eagle [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail nsquyres@hollandhart.com mfeldman@hollandhart.com Norman M. Semanko Parsons Behle & Latimer 800 West Main Street, Suite 1300 Boise, Idaho 83702 Attorneys for Intervenor Eagle Water Customer Group [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail NSemanko@parsonsbehle.com ecf@parsonsbehle.com Mary Grant Scott B. Muir Deputy City Attorney Boise City Attorney's Office 150 N. Capitol Blvd. P.O. Box 500 Boise, Idaho 83701-0500 Attorneys for Intervenor, City of Boise [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail boisecityattorney@cityofboise.org James M. Piotrowski Marty Durand PIOTROWSKI DURAND, PLLC P.O. Box 2864 1020 W. Main Street, Suite 440 Boise, ID 83701 Attorneys for Intervenor Citizens Allied for Integrity and Accountability [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X]by E-Mail James@idunionlaw.com Marty@idunionlaw.com Brad M. Purdy Attorney at Law 2019 N. 17th Street Boise, ID 83702 Attorney for Community Action Partnership Association of Idaho [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail bmpurdy@hotmail.com Preston N. Carter