20220714Final_Order_No_35463.pdf

ORDER NO. 35463 1
Office of the Secretary
Service Date
July 14, 2022
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. 35463

On February 18, 2022, Suez Water Company (“SUEZ” or “Company”) asked the
Commission for an Errata (“Petition”) deleting the phrase, “and costs associated with the district
court case” from Final Order No. 35247 at 8. Petition at 2. The Company requested alternatively
that the Commission issue an order noting that the phrase was erroneous, “not legally operative
and that the terms of the approved Settlement govern.” Id. at 3.
We now issue this Order denying the Company’s Petition.
BACKGROUND
On December 9, 2021, the Commission issued Order No. 35247 approving the
acquisition of Eagle Water Company’s assets by SUEZ Water Idaho as described in the Settlement.
THE PETITION
The Petition notes that in the section of Order No. 35247 titled “Staff Comments” a
sentence reads “[t]he stipulated acquisition adjustment removes customer communications and
costs associated with the district court case.” Order No. 35247 at 8. The Company contends that
this is an error and expresses its concern that while it is confident the language is not legally
effective, it is uncertain if a third-party auditor would require specific accounting treatment that
removes costs associated with the district court case from the acquisition adjustment based on this
language. SUEZ requests that the Commission (1) issue an errata deleting “and costs associated
with the district court case” from the sentence “[t]he stipulated acquisition adjustment removes
customer communications and costs associated with the district court case;” or (2) issue an order
noting that the phrase is not legally effective and the terms of the approved Settlement apply.
Petition at 3.
The Company notes that Order No. 35247 correctly states “IT IS HEREBY ORDERED
that the acquisition of Eagle Water Company’s assets by SUEZ Water Idaho is approved as
described in the Settlement…” in the ordering language. (emphasis in original). However, due to
concerns that third-party auditor may require accounting treatment that removes the district court
ORDER NO. 35463 2
costs the Company would like confirmation from the Commission that the language in Staff’s
comments is not controlling.
STANDARD OF REVIEW
Any person may petition the Commission to clarify an order under Commission Rule
of Procedure 325, IDAPA 31.01.01.325. Rule 325 permits clarification of an order (final or
interlocutory), either based on a petition or on the Commission’s own motion, 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
We deny SUEZ’ Petition for an Errata in this case. We note that SUEZ had an
opportunity to seek reconsideration or clarification during the 21-day reconsideration period
immediately following the issuance of Order No. 35247. In SUEZ’ Petition we are asked to strike
the portion of a sentence from a section of Order No. 35247 that describes Staff’s comments. We
note that the recitation of Staff’s comments is not controlling for purposes of our Order. The areas
of Order No. 35247 that contain legally operative language are the “Commission Discussion and
Findings” and “Order” sections. Order No. 35247 correctly approved the Settlement as filed.
O R D E R
IT IS HEREBY ORDERED that SUEZ’ petition for an errata is denied. The
“Commission Discussion and Findings” and “Order” sections of Order No. 35247 correctly
approved the Settlement as filed when it was issued on December 9, 2021.
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. 35463 3
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 14th day
of July 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

____________________________________
JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\WATER \SUZ\EAGW1801_SUZW1802\orders\SUZW1802 EAGW1801_rej pet for errata_dh.docx