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HomeMy WebLinkAbout20220906Final_Order_No_35443.pdfORDER NO. 35443 1 Office of the Secretary Service Date September 6, 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 ORDER NO. 35443 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 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 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 was approved, customers would continue to receive water service under the same rates, terms, and conditions as were currently on file with the Commission. The Company included a copy of its Commission approved tariffs with the indicated name change with a proposed effective date of May 1, 2022. At the Commission’s April 28, 2022, Decision Meeting, Commission 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). On April 29, 2022, the Commission issued a Notice of Application, Notice of Modified Procedure, and Notice of Suspension of Proposed Effective Date. The Commission observed that the Company had not yet requested a change to the corporate name on the Certificate of Public Convenience and Necessity (“CPCN”) No. 143. The Commission noted that the Company’s Application was likely premature until such a request was made and reviewed by the Commission. STAFF COMMENTS Staff reviewed the Application, tariffs, and other submitted documents to confirm that the proposed filing would not negatively affect customers. Staff confirmed that the proposed tariffs 1 See Commission Rule of Procedure 134.02, IDAPA 31.01.01.134.02. ORDER NO. 35443 2 with the name change had the same rates, terms, and conditions as the current tariffs on file with the Commission. Staff reviewed the Secretary of State website and confirmed the name Veolia Water Idaho, Inc. was adopted on March 28, 2022, which was consistent with the Company’s Application. Staff was concerned that SUEZ had not complied with the Commission’s previous directive ordering SUEZ to amend CPCN No. 143 “to reflect the acquisition of Eagle Water’s service territory and customers.” Order No. 35247 at 20. Staff recommended that Veolia comply with Order No. 35247 and file an amended CPCN that included the Eagle Water Company service territory. During informal discussions with Veolia, Staff became aware that the Company had begun surveying its entire Eagle Water service territory, and the Company indicated that it may need up to 60 days to complete and file an amended CPCN. Staff recommended approval of the name change contingent upon the Company filing an amended CPCN that included the Eagle Water Company service territory within 60 days of the Commission’s Final Order in this case. After review of the amended CPCN, Staff would make its recommendations regarding its findings in a decision memo to the Commission. SUBSEQUENT FILINGS On August 16, 2022, the Company filed a Revised Certificate of Public Convenience and Necessity No. 143 (“Revised CPCN”). The Company represented that the Revised CPCN reflected: 1) the corporate name change from SUEZ Water Idaho Inc. to Veolia Water Idaho, Inc.; 2) removal of the service territory associated with the Trailhead Community Expansion as approved in Order No. 35130, Case No. SUZ-W-21-02 (Aug. 9, 2021); and 3) the addition of the former Eagle Water Company service territory as approved in Order No. 35247, Case Nos. SUZ- W-18-02 and EAG-W-18-01 (Dec. 9, 2021). The Company submitted a proposed order adopting the Revised CPCN and an illustrative map with its filing. The Company stated that the proposed order and Revised CPCN reflected the form of the order and CPCN from the most recent name- change case, UWI-W-15-03. COMMISSION FINDINGS AND DECISION The Commission has jurisdiction over the Company’s Application and the issues in this case under Title 61 of the Idaho Code including Idaho Code §§ 61-301 through 303. The Commission is empowered to investigate rates, charges, rules, regulations, practices, and contracts ORDER NO. 35443 3 of all public utilities and to determine whether they are just, reasonable, preferential, discriminatory, or in violation of any provisions of law, and to fix the same by order. Idaho Code §§ 61-501 through 503. The Commission has reviewed the Company’s Application including all submitted materials and comments. Based on its review of the record, the Commission finds the name change does not affect rates, and the cost of changing the Company’s name will not be borne by ratepayers. Therefore, the Commission finds it fair, just, and reasonable to approve the application.2 //Remainder of this page intentionally left blank// 2 The Commission notes that its approval of the Company’s name change in this case in no way waives any Company duties or obligations as expressed in any prior proceeding before the Commission, nor any directives of the Commission towards the Company as provided in any Commission order. ORDER NO. 35443 4 ORDER IT IS HEREBY ORDERED that the Company’s name change is approved. THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date upon this Order regarding any matter decided in this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61- 626 and 62-619. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 6th day of September 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\VEOW2201_Final_cb.docx