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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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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. /// 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 I:\Legal\WATER\SUZ-W-20-02\Orders\SUZW2002_ntc_new_schedule_mhdh.docx