20210714Notice_of_Amended_Application_Order_No_35104.pdf

NOTICE OF AMENDED APPLICATION
ORDER NO. 35104 1
Office of the Secretary
Service Date
July 14, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT
APPLICATION OF SUEZ WATER IDAHO,
INC., TO ACQUIRE EAGLE WATER
COMPANY
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CASE NOS. SUZ-W-18-02
EAG-W-18-01

NOTICE OF AMENDED
APPLICATION

ORDER NO. 35104

On June 8, 2021, Eagle Water Company, Inc. (“Eagle Water”) and SUEZ Water Idaho
Inc. (“SUEZ”) filed a motion to recommence proceedings in this docket. The same day, Eagle
Water and SUEZ filed an amendment (“Amended Joint Application”) to its joint application
requesting approval of the acquisition of Eagle Water assets by SUEZ and amendment of
Certificate of Public Convenience and Necessity No. 143 (“Joint Application”).
The Commission now grants SUEZ and Eagle Water’s motion to recommence
proceedings and provides notice of the Amended Joint Application.
NOTICE OF AMENDED APPLICATION
YOU ARE HEREBY NOTIFIED that on November 15, 2018, SUEZ and Eagle Water
filed the Joint Application requesting Commission approval of the proposed acquisition of Eagle
Water’s assets by SUEZ. On December 7, 2018, the Commission issued a Notice of Application
and Notice of Intervention Deadline. Order No. 34203. The City of Eagle, Eagle Water Customer
Group, Boise City, Community Action Partnership Association of Idaho, and Citizens Allied for
Integrity and Accountability were granted intervention. Order No. 34229.
YOU ARE FURTHER NOTIFIED that during the proceeding, the City of Eagle sued
Eagle Water in District Court and claimed a right of first refusal to buy Eagle Water’s system. See
Case No. CV01-19-03534. On March 21, 2019, SUEZ filed a motion to stay the proceeding before
the Commission pending the outcome of the District Court case. The Commission granted SUEZ’s
motion subject to two conditions: 1) the Commission retained full jurisdiction over the Joint
Application; and 2) SUEZ and Eagle Water were required to provide the Commission and parties
with quarterly reports on the status of the District Court case, Case No. CV01-19-03534. Order
No. 34292.
NOTICE OF AMENDED APPLICATION
ORDER NO. 35104 2
YOU ARE FURTHER NOTIFIED that after extended mediation, SUEZ, Eagle Water,
and the City of Eagle reached a settlement agreement (“Settlement Agreement”). On February 24,
2021, the parties filed the Settlement Agreement and a stipulation of dismissal with the District
Court. On March 8, 2021, the District Court dismissed the case.
YOU ARE FURTHER NOTIFIED that Eagle Water and SUEZ’s June 8, 2021 motion
asks that the Commission recommence proceedings in this docket and accept the Amended Joint
Application and supporting supplemental written testimony. The Amended Joint Application
details the amendments to the 2018 Joint Application. Most notably, the purchase price for the
Eagle Water assets increased by $500,000, and the phase-in period to bring Eagle Water rates to
parity with SUEZ’s rates was changed from three years to five years.
YOU ARE FURTHER NOTIFIED that the Amended Joint Application has several
attachments, including a water management agreement between the City of Eagle and SUEZ and
the asset purchase agreement. Supplemental written testimony was filed contemporaneously with
the Amended Joint Application.
YOU ARE FURTHER NOTIFIED that the Joint Application, Amended Joint
Application, attachments, and testimony are available for public inspection during regular business
hours at the Commission’s office. These documents are also available on the Commission’s web
site at www.puc.idaho.gov. Click on the “WATER” icon, select “Open Cases,” and click on the
case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
IT IS HEREBY ORDERED that SUEZ and Eagle Water’s motion to recommence
proceedings is granted.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically and
shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
NOTICE OF AMENDED APPLICATION
ORDER NO. 35104 3
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 14th day
of July 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\WATER\EAGW1801_SUZW1802\orders\SUZW1802_NtcApp_mhdh.docx