20210422Notice_of_Application_Order_No_35013.pdf

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35013 1
Office of the Secretary
Service Date
April 22, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF SUEZ WATER
IDAHO’S APPLICATION FOR
AMENDMENT OF ITS CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
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CASE NO. SUZ-W-21-02

NOTICE OF APPLICATION

NOTICE OF
INTERVENTION DEADLINE

ORDER NO. 35013

On April 2, 2021, SUEZ Water Idaho Inc. (“Company”) applied to amend its
certificated service territory to remove an approximate 520-acre area in unincorporated Ada
County.
The Commission now provides notice of the Application and sets an intervention
deadline for persons who wish to intervene as parties.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the 520-acre area was added to the Company’s
certificated service area in 2007 in anticipation of a residential subdivision described as the
Trailhead Community being built on it. See Case No. UWI-W-06-04, Order No. 30367;
Application, Attachments A and B (legal description and map of subject area). The Trailhead
Community was never developed, however. The Company asserts the “entire area is undeveloped
and unserved, and [the Company] has not received any formal request for extension of service
from, or committed to serve, any property owner in the area.” Application at 3. The Company also
states that it is “not aware of any development applications pending before Ada County or the City
of Eagle [(“City”)] affecting this area.” Id.
YOU ARE FURTHER NOTIFIED that the Company and the City recently signed a
Water Management Agreement (“WMA”), effective February 9, 2021. The Company agreed in
the WMA to file this Application with the Commission, seeking to remove the 520-acre area from
the Company’s certificated service area. The City, the Company asserts, has represented that it can
and will serve customers in the 520-acre area if it is removed from the Company’s certificated
service area. However, the City cannot serve the 520-acre area until it is removed from the
Company’s certificated service area because the City agreed in a 2003 franchise agreement not to
provide water service in the Company’s certificated service area.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35013 2

YOU ARE FURTHER NOTIFIED that the Company states, “Removal of the subject
area from [the Company’s] certificated service area would not necessarily preclude [the Company]
from extending service there in the future if a property owner required water service and [the
Company] and [the City] agreed that [the Company] was best able to serve consistent with their
WMA.” Id. at 6-7. The Company asserts that granting the Application would not impair the
Company’s ability to serve existing customers or to extend service to its remaining certificated
service area. No Company investments would be stranded, and the usefulness of existing
infrastructure would not be impacted. The Company asks that the Application be processed by
Modified Procedure.
YOU ARE FURTHER NOTIFIED that the Application, attachments, and testimony
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.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code.
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.
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter to
obtain parties’ rights of participation must file a Petition to Intervene with the Commission
pursuant to this Commission's Rules of Procedure 72 and 73, IDAPA 31.01.01.072 and .073.
Persons who wish to intervene as a party must file a Petition to Intervene no later than 21
days from the date of service of this Order. Persons desiring to present their views without
parties' rights of participation do not have to intervene and may present their comments without
prior notification to the Commission or the parties.
YOU ARE FURTHER NOTIFIED that the Commission Secretary shall issue a Notice
of Parties after the deadline for intervention has passed. The Notice of Parties shall assign exhibit
numbers to each party in this proceeding.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35013 3
YOU ARE FURTHER NOTIFIED that once the Notice of Parties is issued,
Commission Staff will informally confer with the parties to discuss a schedule to process this case
and other issues as may be raised by the parties.
YOU ARE FURTHER NOTIFIED that the following persons are designated as the
Company’s representatives in this matter:
Michael C. Creamer
Preston N. Carter
Givens Pursley LLP
601 W. Bannock St.
Boise, ID 83702
[e-mail]
[e-mail]

Marshall Thompson
SUEZ Water Idaho Inc.
8248 W. Victory Rd.
Boise, ID 83709
[e-mail]

YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences in this
matter will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (“ADA”). Persons needing the help of a sign language interpreter or other
assistance to participate in or to understand testimony and argument at a public hearing may ask
the Commission to provide a sign language interpreter or other assistance at the hearing. The
request for assistance must be received at least five working days before the hearing by contacting
the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Email: [e-mail]

O R D E R
IT IS HEREBY ORDERED that persons desiring to intervene in this case for the
purpose of obtaining parties’ rights of participation must file a Petition to Intervene with the
Commission, under Rules 72 and 73, IDAPA 31.01.01.72-73, no later than 21 days from the
service date of this Order.
IT IS FURTHER ORDERED that, after the Secretary issues a Notice of Parties, Staff
will informally confer with the parties to discuss the appropriate scheduling of this case.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 35013 4
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.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 22nd day
of April 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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