20210407Notice_of_Modified_Procedure_Order_No_34990.pdf

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34990 1

Office of the Secretary
Service Date
April 7, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On January 28, 2021, Western Aircraft, Inc., (“Western Aircraft”) filed a formal
complaint (“Complaint”) against Suez Water Idaho Inc. (“Suez”). In its Complaint, Western
Aircraft alleged, in summary, that Suez is failing to deliver service, adopting unfair and
discriminatory practices, attempting to impose unreasonable and unjust charges, and failing to
follow the provisions of existing rules, regulations, and tariffs in relation to proposed water service
for a new aircraft hangar that Western is building. Complaint. at 3. Western requests that the
Commission order Suez: to allow a temporary water connection to the new aircraft hangar from
the existing aircraft hangar’s water line pending the final resolution of this matter; to negotiate in
good faith with Western; and, to not charge Western excessive, unreasonable and discriminatory
fees, nor to bear any costs to upgrade or relocate Suez’s water mains on or adjacent to Western’s
rented real property. Id. at 6-7.
Suez filed its Answer to Western’s Complaint on February 24, 2021. Suez asserts
Western wants to place a permanent building with walls—which Western calls the “breezeway”—
directly above a water main. Answer at 1-2. Suez alleges this would put its water system out of
compliance with Idaho Department of Environmental Quality (“IDEQ”) rules. Id. at 2; see also
IDAPA 58.01.08.542.11. Suez asserts it will work with Western to identify solutions, but argues
that Western must refrain from construction that will place Suez’s system out of compliance with
IDEQ’s rules. Id. at 2-3. Suez asserts that the Commission should not order Suez to provide water
service if a customer chooses to construct a building that creates these problems. Id. at 3.
WESTERN AIRCRAFT, INC.,

COMPLAINANT,

vs.

SUEZ WATER IDAHO INC.

RESPONDENT.

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CASE NO. SUZ-W-21-01

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 34990

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34990 1
Having reviewed the pleadings, the Commission finds it appropriate to process this
case by Modified Procedure, and sets deadlines for Western Aircraft and interested persons to
comment on this matter and for Suez to file a reply.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Commission's Rules of Procedure, IDAPA
31.01.01.201 through .204. The Commission notes that Modified Procedure and written comments
have proven to be an effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that Western Aircraft and any other persons
desiring to state a position in this matter may file written comments in this matter. Persons who
would like a hearing must specifically request a hearing in their written comments. Western
Aircraft and interested persons shall have until April 28, 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 commenter must e-mail
the comments to the e-mail addresses listed below. In addition to submitting the comments to the
Commission Secretary, the commenter must also e-mail Western Aircraft and Suez at the e-mail
addresses listed below. If computer access is unavailable, then comments may be mailed to the
Commission, Western Aircraft, and Suez 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]

Street Address for Express Mail:

11331 W. Chinden Blvd.,
Building 8, Suite 201-A
Boise, ID 83714
For Suez Water Idaho Inc:

Marshall Thompson
Vice President and General Manager
Suez Water Idaho Inc.
Boise, Idaho 83709

Preston N. Carter
601 W. Bannock St.
Boise, Idaho 83702
[e-mail]
[e-mail]

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34990 1
For Western Aircraft Inc.

David H. Leroy
802 West Bannock Street, Suite 201
Boise, Idaho 83702
[e-mail]

YOU ARE FURTHER NOTIFIED that Suez must file any reply comments by May
12, 2021.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its order
without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for a formal hearing.
O R D E R
IT IS HEREBY ORDERED that this case be processed by Modified Procedure.
Western Aircraft and interested persons must file written comments by April 28, 2021. The Suez
must file any reply comments by May 12, 2021.
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 MODIFIED PROCEDURE
ORDER NO. 34990 1
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 7th day
of April 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\WATER\SUZ-W-21-01\orders\SUZW2101_Ntc Mod_jrh.docx