20210129Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
KARL KLEIN
FROM:JOHN R.HAMMOND JR.
DATE:FEBRUARY 1,2021
RE:FORMAL COMPLAINT OF WESTERN AIRCRAFT,INC.,AGAINST
SUEZ WATER IDAHO INC.;CASE NO.SUZ-W-21-01
On January 28,2021,Western Aircraft,Inc.,("Western")filed a formal complaint
against Suez Water Idaho Inc.,("Suez"or "Company'").Western alleges that it has attempted to
resolve its dispute with Suez informally and has been unable to do so.
COMPLAINT
Western alleges 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.Id.at 3.More specifically,Western asserts
that it receives water service from Suez at its existing airplane hangar ("Hangar 1")on the south
side of the Boise Airport.Western represents it has been building a new,larger hangar ("Hangar
0")at its location that will be separated from Hangar 1 by a breezeway,which appears to be fully
enclosed upon completion.Id.Western contends the breezeway area,which is oriented East and
West,is within the former right of way of the now abandoned Boeing Street and contains both
the historic water main from which Hangar 1 receives water service as well as a preexisting
sewer line.Id.at 3-4.Western learned that its water line maps did not correctly indicate the
existing water line placement locations and depths and that an insufficient separation between
the water main and sewer lines appeared to exist in the breezeway area.Id.at 4.Western alleges
its engineers proposed a revised water connection plan for Hangar 0 which met all DEQ water,
sewer and fire line location,separation and crossing requirements.Id.Western asserts Suez has
unreasonably withheld its approval of this proposal.Id.Western also claims that the Company
has unreasonably withheld its approval of a second proposal for the Hangar 0 water service
connection that it asserts was made by the Commission Staff.Id.Further,Western contends that
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at Suez's suggestion it obtained a conditional water line separation variance approval from the
Idaho Department of Environmental Quality using the breezeway area.Id.Western alleges that
after it had obtained this variance the Company reversed position and unreasonably withheld its
cooperation.Id.
Western requests that the Commission order Suez to allow a temporary domestic water
connection to Hangar 0 from the existing Hangar 1 water line.Id.at 6.Western also requests
additional relief as sort forth in the Complaint.Id.at 6-7.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Summons to Suez and give the Company 21
days to answer the Summons.
COMMISSION DECISION
Does the Commission wish to issue a Summons for the Complaint to Suez and give the
Company 21 days to answer the Summons and Complaint?
J n .Hammond Jr.
eputy AttorneyGeneral
I:\Legal\WATER\SUZW_21 01_dec.memo jh.docx
DECISION MEMORANDUM 2