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HomeMy WebLinkAbout20201204Intervention_Order_No_34861.pdfORDER NO. 34861 1 Office of the Secretary Service Date December 4, 2020 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF SUEZ WATER IDAHO INC.’S APPLICATION FOR AUTHORITY TO INCREASE ITS RATES AND CHARGES FOR WATER SERVICE IN THE STATE OF IDAHO ) ) ) ) ) CASE NO. SUZ-W-20-02 ORDER NO. 34861 Idaho Fair Housing Council, Inc. (“IFHC”), petitioned to intervene in this case on November 12, 2020. The petition was made pursuant to Rules of Procedure 71 through 75 of the Idaho Public Utilities Commission, IDAPA 31.01.01.071-.075. On November 18, 2020, SUEZ Water Idaho, Inc. (“SUEZ”), filed a Motion in Opposition to IFHC’s Petition to Intervene. On November 19, 2020, IFHC filed a Response to SUEZ’s Motion in Opposition. On November 20, 2020, SUEZ filed a Motion to Accept Reply in Support of Motion in Opposition to IFHC’s Petition to Intervene. On December 1, 2020, this matter came before the Commission for a decision to grant or deny the intervention. FINDINGS OF FACT Under Rule 74 of the Rules of Procedure, the Commission grants a petition to intervene if 1) the petition “shows direct and substantial interest in any part of the subject matter of” the proceeding, and 2) the intervention “does not unduly broaden the issues.” If it chooses, the Commission may place reasonable conditions upon an intervenor. This Commission has a history of liberally granting petitions to intervene in order to promote public participation in matters before the Commission. Consequently, after consideration of the arguments made by IFHC and Suez, we find that IFHC’s Petition to Intervene states a direct and substantial interest in this proceeding. We caution IFHC to not unduly broaden the issues by being cognizant of what issues and arguments are within this Commission’s jurisdiction to adjudicate. We further note that under Rule 74 the Commission may dismiss any intervenor from this proceeding if “it later appears that the intervenor has no direct or substantial interest in the proceeding.” Therefore, we find that based on the pleadings and other documents filed in this case, intervention by the party would serve the purposes of intervention as described by Rule 74 of the Rules of Procedure and should be granted. O R D E R IT IS THEREFORE ORDERED that the Petition to Intervene filed by IFHC is hereby granted. ORDER NO. 34861 2 IT IS FURTHER ORDERED that all parties in this proceeding serve all papers hereafter filed in this matter on all parties of record. This Intervenor is represented by the following for purposes of service: Idaho Fair Housing Council, Inc.: Ken Nagy Attorney at Law P.O. Box 164 Lewiston, ID 83501 knagy@lewiston.com IT IS FURTHER ORDERED that parties continue to comply with Order No. 34781, issued September 17, 2020. 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. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 4th day of December 2020. PAUL KJELLANDER, PRESIDENT KRISTINE RAPER, COMMISSIONER ERIC ANDERSON, COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\WATER\SUZ-W-20-02\Orders\SUZW2002_IFHC_in_mhdh.docx