HomeMy WebLinkAbout20230314Decision Memo.pdfDECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: CHRIS BURDIN
DAYN HARDIE
DEPUTYS ATTORNEY GENERAL
DATE: MARCH 14, 2023
SUBJECT: IN THE MATTER OF THE APPLICATION OF VEOLIA WATER IDAHO
INC. FOR AUTHORITY TO INCREASE ITS RATES AND CHARGES FOR
WATER SERVICE IN THE STATE OF IDAHO; CASE NO. VEO-W-22-02.
On March 8, 2023, Veolia Water Idaho, Inc. (“Company”) filed a Request for Permission
for Company Witness Matt Kahn to Testify Remotely (“Motion”). The Motion provides in full:
Veolia Water Idaho, Inc. (“Veolia” or “Company”) files this Request for
Permission for Company Witness Matt Kahn to Testify Remotely.
As the Commission knows, this rate-case proceeding is scheduled for
hearing the first week of April, 2023. The Company filed direct testimony of eleven
witnesses. Commission Staff and Micron Technology, Inc. (“Micron”), an
intervenor in the case, filed rebuttal testimony of eight additional witnesses, in total.
This Request applies to a single witness: Matthew Kahn. None of the
rebuttal testimony cited, addressed, or disputed any aspect of Mr. Kahn’s testimony.
Accordingly, Veolia believes that Mr. Kahn will not be the subject of any
substantive cross-examination by the parties.
Veolia understands and agrees that the Commission and the parties have the
opportunity to ask questions of Mr. Kahn. Veolia also understands and agrees that
the Commission has moved to fully in-person hearings, and understands and agrees
with the benefits of in-person hearings.
That said, because Mr. Kahn’s testimony was not addressed in rebuttal
testimony, the Company would like to avoid the expense and logistics associated
with flying Mr. Kahn to Boise to present his testimony in person. If allowed to do
so, Veolia proposes that Mr. Kahn present his testimony by telephone or
videoconference. This will allow the Commission to ask questions if they would
like to do so, but preserve costs and allow the Commission and the parties to focus
their questions upon witnesses whose testimony is truly at issue in the case.
DECISION MEMORANDUM 2
Veolia intends to present all of its other witnesses in person.
Veolia respectfully requests expedited consideration of this request to
enable travel plans before the hearing.
COMMISSION RULES OF PROCEDURE
Idaho Public Utilities Commission Rule of Procedure 256(3) provides that “[a] motion
requesting procedural relief on fewer than fourteen (14) days’ notice is properly filed if it complies
with provisions of Rule 256.02.a. and 256.02.b. The Commission may act on the motion without
waiting for responses of other parties.” IDAPA 31.01.01.256.03.
Rule of Procedure 256(2)(a-b) provides that the motion must state:
a. The facts supporting its request to act on shorter notice; and
b. 1) That at least one (1) representative of all parties has received actual notice, by
telephone or personal delivery of the motion; or 2) stating the efforts made to reach
representatives of those parties not contacted and what efforts will continue to be
made to contact them. Except as otherwise provided in this paragraph, the
Commission will allow at least two (2) days (excluding Saturdays, Sundays and
legal holidays) after notification by telephone or actual receipt of the motion for
parties to inform the Commission Secretary, either in writing personally delivered
to the Secretary or by telephone, whether they support or oppose the motion and
whether they desire to be heard on the motion in person, in writing or by telephone.
IDAPA 31.01.01.256.02.
COMMISSION DECISION
Does the Commission wish to grant the Company’s request for Company witness Matt
Kahn to testify remotely?
__________________________
Chris Burdin
Deputy Attorney General
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