20151008Joint Motion to Adopt Settlement Stipulation.pdf

ORIGINAL
Dean J. Miller (lSB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
P.O. Box 2564-83701
Boise, lD 83702
Tel: [phone]
Fax: [phone]
ioe@mcdevitt-m i I ler. com
Attorney for United Water ldaho, lnc.
Daphne Huang (lSB No. 8370)
Donald H. Howell lll (lSB No. 3366)
DEPUTY ATTORNEYS GEN ERAL
IDAHO PUBLIC UTILIT!ES COMMISSION
P.O. Box 83720
Boise, lD 83720-0074
Tel: [phone]
Fax: [phone]
daphne. h uano@puc. idaho.gov
don. howel l@ puc. idaho. sov
Attorneys for Commission Staff
Brad M. Purdy (lSB No. 3472)
ATTORNEY AT LAW
2019 N 17th St
Boise, lD 83702
Tel: [phone]
[e-mail]
Attomeys for Community Action Paftnership Association of ldaho
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC. FOR
AUTHORIry TO INCREASE ITS RATES
AND CHARGES FOR WATER SERVICE
IN THE STATE OF IDAHO
Case No. UWI-W-I5-01
JOINT MOTION TO ADOPT
SETTLEMENT PROCEDURE AND
APPROVE SETTLEMENT
STIPULAT!ON
JOINT MOTION TO ADOPT SETTLEMENT PROCEDURE AND APPROVE SETTLEMENT
ST!PULATION.l
COME NOW United Water ldaho lnc., ("United Water" or "Company"), the Staff
of the ldaho Public Utilities Commission ("Commission Staff') and the Community
Action Partnership Association of ldaho ('CAPAI') the sole intervenor in this case,
(collectively, "Parties") and move the Commission for an Order adopting a schedule for
Settlement proceedings, and a subsequent Order approving the Settlement Stipulation
filed herewith, and in support thereof respectfully show as follows, to wit:
1. On May 21,2015, United Water filed an Application seeking authority to
increase the Company's rates for water service in the State of ldaho by an average of
13.2%. lf approved, the Company's revenues would have increased by $5,881,308
annually. The Company requested the new rates become effective June 22,2015.
2. On June 9,2015, the Commission issued Order No. 33316, suspending
United Water's proposed effective date for a period of 30 days plus five (5) months or
until December 22,2015. On July 7, 2015, the Commission issued Order No. 33334,
granting CAPAI'S Petition for lntervention.
3. On July 22,2015, the Commission issued Order No. 33344, establishing a
procedural schedule, including a technical hearing to commence on November 19,
2015. The Order also convened a Public Workshop for August 19,2015 and that
Workshop occurred as scheduled.
4. After the filing of the Application, Commission Staff conducted a thorough
investigation of the Company's Application. Commission Staff propounded numerous
Production Requests, to which United Water provided responses.
JOINT MOTION TO ADOPT SETTLEMENT PROCEDURE AND APPROVE SETTLEMENT
STIPULATION-2
5. On September 15, 2015, representatives of the Parties met to engage in
settlement discussions in accordance with RP 272, with a view toward resolving the
issues in this case. Although an agreement was not reached at that conference the
parties continued to discuss the matter by telephone and electronic correspondence
and have now reached an agreement.
6. Representatives of the Parties also met on September 23, 2015 to discuss
revisions to United Water's Rules and Regulations.
7. The Company and CAPAI have also reached agreement on
enhancements to the United Water Cares Program, which are set forth in the
Stipulation.
8. Based on settlement discussions, the Parties have agreed to resolve and
settle all of the issues in the case. As set out in greater detail in the attached
Stipulation, the Parties have agreed to a two-step increase in rates to recover $2.73
million (6%) in the first year, effective December 22,2015, and $670,000 (1.39%) in the
second year, effective December 22,2016. A copy of the signed Stipulation evidencing
that settlement is attached as Attachment 1.
L The Parties recommend that the Commission issue a Notice of Proposed
Settlement and Order setting a21-day public comment period and setting a public
customer hearing on the Stipulation on November 19, 2015, starting at 7:00 p.m. in the
Commission hearing room.
JOINT MOTION TO ADOPT SETTLEMENT PROCEDURE AND APPROVE SETTLEMENT
STIPULATION-3
10. The Parties further recommend that the Commission set a deadline of
November 6,2015 for the Parties to file testimony in support of the Stipulation, and set
a technical hearing for the Parties' presentation of the Stipulation on November 19,
2015, starting at 9:30 a.m. in the Commission hearing room.
11. Finally, the Parties recommend, on consideration of all comments and
testimony, that the Commission approve the Stipulation and the revised tariff sheets
attached to the Stipulation as Exhibit A in their entirety, without material change or
condition, pursuant to RP 274.
12. As noted in the Stipulation, the Parties agree that the Stipulation is in the
public interest and that all of its terms and conditions are fair, just and reasonable.
NOW THEREFORE, the Parties respectfully request:
1. That the Commission issue a Notice of Proposed Settlement and Order:
a. setting a deadline of November 6,2015 for the Parties' testimony in
support of the Stipulation; and
b. setting a technical hearing for the Parties' presentation of the Stipulation
on November 19, 2015, starting at 9:30 a.m. in the Commission hearing
room; and
c. seeking public comments about the Stipulation with a21-day comment
period; and
d. setting a public customer hearing about the Stipulation for November 19,
2015, starting at 7:00 p.m. in the Commission hearing room.
2. Upon consideration of the Parties' testimony and the public's comments
regarding the Stipulation, that the Commission enter an Order:
JOINT MOTION TO ADOPT SETTLEMENT PROCEDURE AND APPROVE SETTLEMENT
STIPULATION4
accepting the Stipulation (Athchment 1) in ib entirety, without mabrial
change or condltion; and
authorizing the Company to implement revised tariffschedules
deslgned to recover the additional annual revenue frorn ldaho
customers conslstent with the terms of the Sflpulation; and
c. authortzing that revised tariffschedules be made sffective December
22,2015 and December22,2016 consistentwith the terms of the
Stlpulation;and
d. approving rovisions to United Watefs Rules and Regulatlons, including
those in Amendment 1 to Bfiibit 2A; and
e. gnanting such other relief as Is proper in the circumstance.
?hDATED this 3z- day of October, 2015.
JOINT NiOTION TO ADOPTSETTLEI'IENT PROCEDURE AND APPROVE SETTLEIIIENT
SNPULATION.6
b.
Staffof the ldaho PUG
uang
DeputyAttomey Attomeyfor United Water Idaho lnc.
Attorneyfor Community
Association of ldaho
CERTIFICATE OF SERVICE
I hereby certify that on tn" BW day of October 2015,1 caused to be served, via
the method(s) indicated below, true and correct copies of the foregoing document,
upon:
Jean Jewell, Secretary Hand Delivered
ldaho Public Utilities Commission U.S. Mail
A72WestWashington Street Fax
P.O. Box 83720
Boise, lD 83720-0074
i iewel l@puc. state. id. us
Donald L. Howell, ll
Daphne Huang
Deputy Attorney General
ldaho Public Utilities Commission
P.O. Box 83720
Boise, Idaho 83720-0074
don. howell@puc. idaho.sov
daphne. huanq@puc. idaho.qov
Brad M. Purdy
Attorney at Law
2019 N. 17th Street
Boise, lD 83702
[e-mail]
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JOINT MOTION TO ADOPT SETTLEMENT PROCEDURE AND APPROVE SETTLEMENT
STIPULATION.6