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HomeMy WebLinkAbout20220429Notice_of_Application_Order_No_35387.pdf NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE ORDER NO. 35387 1 Office of the Secretary Service Date April 29, 2022 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE CORPORATE NAME CHANGE OF SUEZ WATER IDAHO INC. TO VEOLIA WATER IDAHO, INC. ) ) ) ) ) ) ) ) ) ) ) ) CASE NOS. VEO-W-22-01 SUZ-W-22-01 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE ORDER NO. 35387 On April 8, 2022, Veolia Environment S.A. (“Company”) filed a letter with the Commission stating that the Company’s acquisition of SUEZ S.A. (“SUEZ”) was completed on January 18, 2022. The Company claimed that the Competition and Markets Authority (“CMA”) provided antitrust clearance for the transaction in the United Kingdom on March 10, 2022, clearing the way for the Company and SUEZ to commence the integration of the Veolia North America (“VNA”) and the SUEZ North America (“SNA”) businesses, which include SUEZ Water Idaho Inc. (“SUEZ Water Idaho”). The Company explained that as part of the integration, there would be a rebranding of the SNA businesses to the Veolia brand. The Company stated that if the name change is approved, customers will continue to receive water service under the same rates, terms, and conditions as are currently on file with the Commission. The Company included a copy of its Commission approved tariffs with the indicated name change and a proposed effective date of May 1, 2022. At the Commission’s April 28, 2022, Decision Meeting, Staff recommended that the Commission treat the Tariff Advice as an Application1 and process the case by Modified Procedure to allow additional time to review the Company’s proposal and for public input. To accomplish this, Staff also recommended the Commission suspend the Company’s proposed effective date pursuant to Idaho Code § 61-622(4). 1 See Commission Rule of Procedure 134.02, IDAPA 31.01.01.134.02. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE ORDER NO. 35387 2 The Commission now issues this Notice of Application, Notice of Modified Procedure, and Notice of Suspension of Proposed Effective Date. Additionally, the Commission observes that the Company has not requested a change to the corporate name on the Certificate of Public Convenience and Necessity No. 143. The Commission notes that the Company’s application is likely premature until such a request is made and reviewed by the Commission. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company stated that if the name change is approved, customers will continue to receive water service under the same rates, terms, and conditions as are currently on file with the Commission. YOU ARE FURTHER NOTIFIED that the Company’s Application includes the proposed tariff sheet with the corporate name change included. YOU ARE FURTHER NOTIFIED that the Application and proposed tariff sheet have been filed with the Commission and are available for public inspection during regular business hours at the Commission’s office. All documents are available on the Commission’s website 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. The Commission may enter any final order consistent with its authority under Title 61. 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 MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and 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 persons desiring to state a position on this Application may file a written comment explaining why the person supports or opposes the Application. Persons who would like a hearing must specifically request a hearing in their written NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE ORDER NO. 35387 3 comments. Persons shall have until May 24, 2022, 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 website 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, persons must e-mail the comments to the Commission Secretary and 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 secretary@puc.idaho.gov Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 For Veolia Water Idaho, Inc.: Preston N. Carter Givens Pursley LLP 601 W. Bannock St. Boise, ID 83702 prestoncartrer@givenspursley.com YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by May 31, 2022. 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 formal hearing NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE YOU ARE FURTHER NOTIFIED that the Company’s Application proposes a May 1, 2022, effective date for the corporate name change to be reflected in the tariff. The Commission finds it appropriate to suspend the Company’s proposed effective date for 30 days plus 5 months, unless the Commission issues an earlier order accepting, rejecting, or modifying the Company’s Application. See Idaho Code § 61-622(4). NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE ORDER NO. 35387 4 ORDER IT IS HEREBY ORDERED that the Commission will treat the Company’s Tariff Advice as an Application. See Commission Rule of Procedure 134.02. IT IS FURTHER ORDERED that this Application be processed under Modified Procedure, Rules 201-204, IDAPA 31.01.01.201-.204. Persons interested in submitting written comments must do so by May 24, 2022. The Company must file any reply comments by May 31, 2022. IT IS FURTHER ORDERED that the Company’s proposed effective date of May 1, 2022, is suspended for 30 days plus 5 months pursuant to Idaho Code § 61-622(4), unless the Commission issues an earlier order accepting, rejecting, or modifying the Application. IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. /// NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF SUSPENSION OF PROPOSED EFFECTIVE DATE ORDER NO. 35387 5 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 29th day of April 2022. __________________________________________ ERIC ANDERSON, PRESIDENT __________________________________________ JOHN CHATBURN, COMMISSIONER __________________________________________ JOHN R. HAMMOND JR., COMMISSIONER ATTEST: _________________________________ Jan Noriyuki Commission Secretary I:\Legal\WATER\VEO-W-22-01\orders\VEOW22201_Ntc_App_Mod_Susp_cb.docx