20211230Final_Order_No_35283.pdf

ORDER NO. 35283 1
Office of the Secretary
Service Date
December 30, 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

ORDER NO. 35283

On November 15, 2018, SUEZ Water Idaho Inc. (“SUEZ”) and Eagle Water Company,
Inc. (“Eagle Water”) filed a Joint Application requesting Commission approval of the proposed
acquisition of Eagle Water’s assets by SUEZ (“Joint Application”). On December 7, 2018, the
Commission issued a Notice of Application and Notice of Intervention Deadline. Order No. 34203.
On March 27, 2019, the Commission granted SUEZ’s unopposed motion for stay,
staying the case pending the outcome of litigation at the District Court. Order No. 34292.
On June 8, 2021, Eagle Water and SUEZ filed a motion to recommence proceedings in
this docket.
On October 8, 2021, Staff, SUEZ, and Eagle Water filed a proposed stipulation and
settlement (“Settlement”) and a joint motion of approval of stipulation and settlement.
On December 9, 2021, the Commission issued a final order approving the Settlement,
authorizing SUEZ to amend its CPCN No. 143 to reflect its acquisition of Eagle Water’s service
area. Order No. 35247.
On December 21, 2021, SUEZ filed conforming tariffs reflecting the new rates for
customers acquired from Eagle Water as approved in Order No. 35247.
On December 28, 2021, the Commission considered Staff’s memo that recommended
approval of SUEZ’s conforming tariffs. In its memo, Staff also stated that SUEZ intended to bill
customers in the former Eagle Water service area monthly, and to continue billing its SUEZ
customers bi-monthly. This distinction was included in the tariffs, but Order No. 35247 was silent
on the authorized billing treatment for customers in the former Eagle Water service area. Realizing
the potential for confusion regarding the authorized billing treatment for customers in the former
Eagle Water service area, we elect to treat Staff’s memo as a petition for clarification and now
issue this Order clarifying the authorized billing treatment for those customers in the former Eagle
Water service area.

ORDER NO. 35283 2
STANDARD OF REVIEW
Any person may petition the Commission to clarify an order under Commission Rule
of Procedure 325, IDAPA 31.01.01.325. Petitions for clarification do not suspend or toll the timing
requirements for petitions for reconsideration. Petitions for clarification may be combined with
petitions for reconsideration.
COMMISSION DECISION AND FINDINGS
After reviewing Staff’s petition, we grant the petition. Though Order No. 35247 is
silent on the issues addressed in the petition, we wish to clarify that SUEZ may bill its customers
in the former Eagle Water service area via monthly billing. The record reflects that this was the
intent of SUEZ upon its application. See Direct testimony of Marshall Thomson at 11-12. SUEZ
may continue to use monthly billing for customers in the former Eagle Water service area until it
applies for authority to implement bi-monthly billing for those customers or until the seven-year
rate phase-in is completed, whichever is first.
O R D E R
IT IS HEREBY ORDERED that Staff’s petition for clarification is granted. SUEZ may
bill customers in the former Eagle Water service area monthly.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within 21 days of the service date of this Order. Within seven days after any
person has petitioned for reconsideration, any other person may cross-petition for reconsideration.
See Idaho Code § 61-626.
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ORDER NO. 35283 3
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 30th day
of December 2021.

ERIC ANDERSON, PRESIDENT

KRISTINE RAPER, COMMISSIONER

____________________________________
PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\WATER\EAGW1801_SUZW1802\orders\SUZW1802_EAGW1801_clarification_dh.docx