20210827Decision Memo.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: DAYN HARDIE
ERICK SHANER
DEPUTY ATTORNEYS GENERAL

DATE: AUGUST 27, 2021

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

On June 8, 2021, Eagle Water Company, Inc. (“Eagle Water”) and SUEZ Water Idaho
Inc. (“SUEZ”) filed a motion to recommence proceedings (“Motion”) in this docket. The same
day, Eagle Water and SUEZ filed an amendment to its joint application (“Amended Joint
Application”) requesting approval of the acquisition of Eagle Water assets by SUEZ and
amendment of Certificate of Public Convenience and Necessity No. 143.
On July 14, 2021, the Commission issued a Notice of Amended Application granting
SUEZ and Eagle Water’s Motion. Order No. 35104.
The parties in the case met on August 23, 2021 to discuss potential issues the parties
have identified, procedure, and scheduling. At that meeting the parties agreed on scheduling, but
not all parties agreed on procedure.
REQUESTS FOR TECHNICAL HEARING
At the parties’ August 23, 2021 meeting, the parties could not agree on the proper
procedure to process this matter. Eagle Water Customer Group (“EWCG”) and Citizens Allied for
Integrity and Accountability (“CAIA”) later requested a technical hearing informally. The
remaining parties preferred modified procedure or were silent on the issue.
EWCG cited Case No. UWI-W-98-2 as a case that resolved similar issues to the present
case and had a technical hearing. EWCG stated “[a]n opportunity for cross-examination of
witnesses by the Commissioners, PUC attorneys, and counsel for the parties seems appropriate in
DECISION MEMORANDUM 2

this matter. . .” CAIA also objected to processing this case by modified procedure noting that cross
examination of witnesses would be helpful for addressing issues important to the party. CAIA did
not specify any issues it planned to focus on in a technical hearing but declared there were several
issues and modified procedure would likely not offer the opportunity to fully explore them.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Modified Procedure establishing
an October 13, 2021 public comment deadline and an October 20, 2021 Company reply deadline.
Additionally, Staff recommends the Commission schedule a November 1, 2021 customer hearing
and direct Staff to conduct a virtual public workshop on October 5, 2021.
Alternatively, if the Commission wishes to hold a technical hearing instead of
processing this case by modified procedure, Staff recommends a technical hearing be scheduled
in late November on a date that works for the Commission and that the deadlines for public
comments and the Company’s reply noted above be converted into prefiled direct and rebuttal
testimony deadlines.
COMMISSION DECISION
Does the Commission wish to process this case by modified procedure and establish
an October 13, 2021 deadline for public comments and an October 20, 2021 deadline for the
Company’s reply comments? Additionally, does the Commission wish to direct Staff to hold a
virtual public workshop on October 5, 2021 and schedule a customer hearing on November 1,
2021? Anything else?

__________________________
Dayn Hardie
Deputy Attorney General

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