HomeMy WebLinkAbout20210326Notice_of_Proposed_Settlement_Order_No_34978.pdfNOTICE OF PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF COMMENT DEADLINE
AMENDED NOTICE OF TECHNICAL HEARING
ORDER NO. 34978 1
Office of the Secretary
Service Date
March 26, 2021
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 IDAHO
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CASE NO. SUZ-W-20-02
NOTICE OF PROPOSED
SETTLEMENT
AMENDED NOTICE OF
SCHEDULING
NOTICE OF COMMENT
DEADLINE
AMENDED NOTICE OF
TECHNICAL HEARING
ORDER NO. 34978
On September 30, 2020, SUEZ Water Idaho, Inc. (“SUEZ”) applied to raise its rates
for water service. Micron Technology, Boise City, Ada County, Intermountain Fair Housing
Council (“IFHC”), SUEZ Water Customer Group (“SWCG”), Community Action Partnership
Association of Idaho (“CAPAI”), and Intervenors Gannon et al. intervened in the case.
On February 11, 2021, the parties began settlement negotiations. See IDAPA
31.01.01.271 to .277. At its February 23, 2021 decision meeting, the Commission set a schedule
for processing the case. See Order No. 34942.
On March 17, 2021, a Stipulation and Settlement (“Settlement”) and a motion for
Commission approval of the proposed Settlement were filed with the Commission. See IDAPA
31.01.01.056, .272, .274. The proposed Settlement is signed by SUEZ, Commission Staff, Ada
County, Boise City, CAPAI, SWCG, and Micron Technology. The two parties that did not sign
the proposed Settlement, IFHC and Intervenors Gannon et al., have moved to withdraw as parties
to the proceeding. See IDAPA 31.01.01.045. SUEZ and Staff have filed written testimony in
support of the proposed Settlement.
NOTICE OF PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF COMMENT DEADLINE
AMENDED NOTICE OF TECHNICAL HEARING
ORDER NO. 34978 2
With this Order, we provide notice of the proposed Settlement, amend the schedule for
this case, provide notice of written comment deadlines for customers and SUEZ, and provide
notice of the telephonic technical hearing.
NOTICE OF PROPOSED SETTLEMENT
YOU ARE HEREBY NOTIFIED that under the proposed Settlement, SUEZ would be
allowed to implement revised tariff schedules designed to recover an additional $3.996 million,
representing an 8.75% increase in revenue. The rate increase would be phased in over two years.
From May 1, 2021 through April 30, 2022, SUEZ’s tariff schedules would reflect a 3.55% ($1.620
million) increase in revenue from current rates. Beginning May 1, 2022, SUEZ would be allowed
to implement revised tariff schedules representing an additional revenue increase of 5.20% ($2.376
million).
YOU ARE FURTHER NOTIFIED that, in addition to the total revenue requirement
and its implementation, the signing parties agreed to terms regarding cost-of-service studies, public
outreach, billing determinants, and components of the revenue requirement. The signing parties
also agreed the Company must file an updated depreciation study with its next general rate case
filing, if the filing occurs more than two years from the date the proposed Settlement is approved
by the Commission. Additionally, the signing parties agreed that the Company must conduct a
load study and present its results as part of the “first rate case filing after the study’s conclusion.”
Proposed Settlement at 6.
YOU ARE FURTHER NOTIFIED that the signing parties assert the proposed
Settlement should be accepted without modification by the Commission “because it is just, fair,
and reasonable, in the public interest, and otherwise in accordance with law or regulatory policy.”
Id. at 8.
YOU ARE FURTHER NOTIFIED that on March 17, 2021, SUEZ and Staff filed direct
testimony in support of the proposed Settlement.
YOU ARE FURTHER NOTIFIED that under Commission Rules, “Proponents of a
proposed settlement carry the burden of showing that the settlement is reasonable, in the public
interest, or otherwise in accordance with law or regulatory policy.” IDAPA 31.01.01.275.
YOU ARE FURTHER NOTIFIED that the Commission is not bound by the Settlement
reached by the parties. The Commission will independently review any proposed settlement to
NOTICE OF PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF COMMENT DEADLINE
AMENDED NOTICE OF TECHNICAL HEARING
ORDER NO. 34978 3
determine whether the settlement is just, fair, and reasonable, and in the public interest, or
otherwise in accordance with law or regulatory policy. The Commission may accept a settlement,
reject a settlement, or state additional conditions under which a settlement will be accepted.
IDAPA 31.01.01.274-.276.
YOU ARE FURTHER NOTIFIED that the proposed Settlement, motion for
approval of the proposed Settlement, and the direct testimony have been filed with the Commission
and are available for public inspection during regular business hours at the Commission’s office.
These documents are also available on the Commission’s web site at www.puc.idaho.gov. Click
on the “WATER” icon, select “Open Cases,” and click on the case number as shown on the front
of this document.
AMENDED NOTICE OF SCHEDULING
YOU ARE FURTHER NOTIFIED that, based on the recently filed proposed
Settlement, the Commission finds it reasonable to amend the procedural schedule. The new
schedule is:
Telephonic Public Workshop March 25, 2021
Telephonic Customer Hearing
April 15, 2021
Customer Comment Deadline
April 16, 2021
SUEZ Reply Comment Deadline April 19, 2021
Telephonic Technical Hearing April 20, 2021
YOU ARE FURTHER NOTIFIED that the telephonic public workshop and telephonic
customer hearing were both noticed in Order No. 34942 and remain unchanged. The schedule for
the telephonic technical hearing only differs from the notice issued in Order No. 34942 in this: the
technical hearing is now scheduled for one day, April 20, 2021, whereas it was previously
scheduled for three days.
YOU ARE FURTHER NOTIFIED that all testimony and exhibits in this matter must
comport with the requirements of Rules 231 and 267 of the Commission’s Rules of Procedure.
IDAPA 31.01.01.231 and .267.
NOTICE OF PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF COMMENT DEADLINE
AMENDED NOTICE OF TECHNICAL HEARING
ORDER NO. 34978 4
NOTICE OF COMMENT DEADLINE
YOU ARE FURTHER NOTIFIED that the Commission seeks comments from the
public on the proposed Settlement. Persons desiring to state a position on the proposed Settlement
may file a written comment explaining why the person supports or opposes the proposed
Settlement. Persons shall have until April 16, 2021 to file written comments. Comments must
be filed through the Commission’s website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s home page at www.puc.idaho.gov. Click
the “Case Comment Form” and complete the form using the case number as it appears on the front
of this document. To file by e-mail, the customer must e-mail the comments to the e-mail addresses
listed below. In addition to submitting the comments to the Commission Secretary, the customer
must also e-mail the Company at the e-mail addresses listed below. If computer access is
unavailable, then comments may be mailed to the Commission and Company at these addresses:
For the Idaho Public Utilities
Commission:
Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
E-mail: secretary@puc.idaho.gov
Street Address for Express Mail:
11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714
For SUEZ:
Michael C. Creamer
Preston N. Carter
Givens Pursley LLP
601 W. Bannock St.
Boise, ID 83702
mcc@givenspursley.com
prestoncarter@givenspursley.com
David Njuguna
Suez Water Management & Services
461 From Road, Suite 400
Paramus, NJ 07052
David.njuguna@suez.com
YOU ARE FURTHER NOTIFIED that SUEZ must file any reply comments by April
19, 2021.
AMENDED NOTICE OF TECHNICAL HEARING
YOU ARE FURTHER NOTIFIED that the Commission will conduct a telephonic
technical hearing on TUESDAY, APRIL 20, 2021, COMMENCING AT 1:30 PM (MDT). A
NOTICE OF PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF COMMENT DEADLINE
AMENDED NOTICE OF TECHNICAL HEARING
ORDER NO. 34978 5
technical hearing is an opportunity for parties to the case to present witnesses and testimony
(including exhibits). See IDAPA 31.01.01.241.04. Non-parties interested in listening to the
testimony and presentations at the technical hearing can attend the meeting using the information
below:
To participate online To participate by
telephone
Visit idahogov.webex.com and
enter 133 596 6873. At the next
window, enter your name, e-mail
address and the password
TuesdayMeeting
Call 1-415-655-0001, and
enter access code
133 596 6873
YOU ARE FURTHER NOTIFIED that any person needing special accommodations
to participate in the hearings and workshop noticed in this Order should contact the Commission
for assistance. The request for assistance must be received at least five (5) working days before
the hearing by contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720 BOISE, IDAHO 83720-0074
(208) 334-0338 (Telephone)
(208) 334-3762 (FAX)
E-Mail: secretary@puc.idaho.gov
YOU ARE FURTHER NOTIFIED that the record in this matter is available for public
inspection during regular business hours at the Commission’s office. These documents are also
available on the Commission’s web site at www.puc.idaho.gov. Click on the “WATER” icon,
select “Open Cases,” and click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000, et seq.
O R D E R
IT IS HEREBY ORDERED that the proposed Settlement shall be reviewed under the
Commission’s Rules of Modified Procedure. Persons interested in submitting written comments
NOTICE OF PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF COMMENT DEADLINE
AMENDED NOTICE OF TECHNICAL HEARING
ORDER NO. 34978 6
on the proposed Settlement must do so by April 16, 2021. SUEZ must file any reply comments by
April 19, 2021.
IT IS FURTHER ORDERED that the procedural schedule set forth in the above
Amended Notice of Scheduling is approved.
IT IS FURTHER ORDERED that the Commission will hold a telephonic technical
hearing for the parties to offer evidence and examine witnesses on Tuesday, April 20, 2021, at
1:30 PM (MDT).
IT IS FURTHER ORDERED that parties should 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.
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NOTICE OF PROPOSED SETTLEMENT
AMENDED NOTICE OF SCHEDULING
NOTICE OF COMMENT DEADLINE
AMENDED NOTICE OF TECHNICAL HEARING
ORDER NO. 34978 7
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 26th day
of March 2021.
PAUL KJELLANDER, PRESIDENT
KRISTINE RAPER, COMMISSIONER
ERIC ANDERSON, COMMISSIONER
ATTEST:
Jan Noriyuki
Commission Secretary
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