20211008Decision Memo (2).pdf

DECISION MEMORANDUM
TO:COMMISSIONER IilELLA}IDER
COMMISSIONER RAPER
COMMISSIONER AIIDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:DAYN HARDIE
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 8,2021
SUBJECT:IN THE MATTER OF THE JOINT APPLICATION OF SUEZ WATER
IDAHO, NC, TO ACQUIRE EAGLE WATER COMPAIYY; CASE NOS.
suz"w- 18-02 AI\D EAC,-W-l 8-0 1.
On June 8,2021, Eagle Water Company, Inc. ("Eagle Water") and SUEZ Water Idatro
Inc. ("SUEZ") filed a joint 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.
City of Boise City, Eagle Water Customer Group, City of Eagle, Citizens Allied for
Integrity and Accountability, Community Action Partnership Association of Idaho ("CAPAI")
continued their intervention in the case. On October 4,2021, CAPAI filed a motion to withdraw.
On July 14,2021, the Commission issued a Notice of Amended Application granting
SUEZ and Eagle Wateros Motion. OrderNo. 35104.
On September 9,2021,in OrderNo. 35160, the Commission set the following schedule
for processing this case:
Public Workshop October 5,2021
Staff/Intervenor Comment Deadline October 13,2021
StafflIntervenor Reply Comment Deadline October 20,2021
Companies' Reply Deadline
Customer Hearing
Customer Comment Deadline
DECISION MEMORANDUM
October 27,2021
Novenrber I,2021
I
November 8,2021
On September 14,2021, the parties entered settlement negotiations seeking to resolve
the issues in this case. The parties met for three settlement conferences and one accounting
workshop.
On October 8,2021, a Stipulation and Settlement ("Settlement") and a joint motion
for approval of the proposed settlernent were filed with the Commission to mernoialize the
agreement. Suez, Eagle Water, and Staffwere the signatories to the Settlement. The parties have
agreed that the procedural schedule established by Order No. 35160 should be modified to allow
the public and parties an opportunity to comment on the Settlement and for the Companies' reply.
STAFF RECOMMENDATION
Staffrecommends the Commission issue a Notice of Proposed Settlement and amend
the procedural schedule. Because of the proposed Settlernent, the Staff/Intervenor reply comment
deadline is no longer necessary and should be vacated. Staff also recommends the Commission
amend the comment deadlines to allow Staff and intervenors additional time to review the
Settlement and file written comments regarding the proposed Settlement and the Companies
additional time for reply.
Having consulted with the Parties, Staffrecommends the following amended schedule:
Customer Hearing November 1,2021
StaffiIntervenor Comment Deadline October 27,2021
Customer Comment Deadline Novernber 8,2021
Companies'Reply Deadline Novernber 8,2021
COMMISSION DECISION
Does the Commission wish to:
l. Issue a Notice of Proposed Settlernent?
2. Amend the procedural schedule as described above, providing notice as appropriate?
3. Anything else?
Dayn
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DECISION MEMORANDUM 2
Deputy Attorney General