20231120Exhibit 1.pdf

Austin Rueschhoff, ISB No. 10592
Thorvald A. Nelson
Austin W. Jensen, ISB No. 11947
HOLLAND & HART LLP
555 17th Street, Suite 3200
Denver, CO 80202
Telephone: [phone]
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Attorneys for Veolia Water Idaho, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF AVIMOR’S FORMAL ) CASE NO. VEO-W-23-03
COMPLAINT AGAINST VEOLIA WATER )
IDAHO, INC. )
)
)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
EXHIBIT 1 TO ACCOMPANY VEOLIA’S ANSWER TO
AVIMOR’S FORMAL COMPLAINT
AVIMOR’S FORMAL COMPLAINT WITH ADDED PARAGRAPH NUMBERS
FOR EASE OF REFERENCE
RECEIVED
Tuesday, October 10, 2023 12:15:33 PM
IDAHO PUBLIC
UTILITIES COMMISSION
CASE NO. VEO-W-23-03
Complaint Against: Veolia North America
Idaho Public Utility Commission,
FORMAL COMPLAINT
This is a request to reconsider IPUC Staff's decision May 25th 2023 and formal complaint about
the process for water service to an existing parcel (platted and approved 2016 Avimor Phase 5}. Here are
the Facts of this case.
An approved Suez water plan for Phase 5 of Avimor showing Lot 23 Block 12 as a school/
commercial lot and plat for a school at Lot 23 Block 12 in the Avimor Subdivision No. 5 was
approved and recorded December 16, 2016.
Two (2) separate and existing water main lines to service the Avimor Subdivision located in
Mcleod Rd at the North and South ends of the public school's property. The respective main
lines were designed in coordination with Suez and were approved and constructed with the
intention to stay separate with the capacity to service the properties within the existing platted
subdivisions and future planned Avimor subdivisions. (See Exhibit A}.
Under an existing agreement with Suez, the Avimor Development/ Public School site was
approved to make a service connection at the existing main line at the South end of the public
school's property (See Exhibit A).
The public school submitted plans showing a water service connection per the Suez approved
plans to Veolia North America in April 2023 for review and feedback.
In April 2023, the school was informed they would be required to build a 12" watermain
extension approximately 1000' down Mcloed to connect the separate North and South
watermains.
On May 18,2023 the school and Avimor informally reached out the Idaho Public Utility
Commission (IPUC) requesting a review of the Utilities requirement and for a review and opinion
of Veolia North America's approved tariff.
On May 25, 2023 The IPUC responded following review of the approved tariff and discussions
with Veolia North America communicating the Utilities requirement for the school to build the
main line extension was valid per the approved tariff, that Veolia North America would not
deviate from its position, that IPUC staff is unable to order the Company to accept our proposal
and providing an option for the public school to file a formal complaint to challenge Veolia's
position.
In addition to the above summary response from the IPUC, the public school was provided a link
to the approved Utility tariff and specific references from the applicable to the water main
extension (See Exhibit B)
The public school and the Avimor team continued discussions with Veolia North America
attempting to work towards various solutions that would meet the intent of the main line
extension but failed at finding common ground with Veolia North America. In order to meet the
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School's targeted opening date (Fall 2024) the school felt forced to agree to Veolia's new
demands to avoid losing a full school year waiting on approvals .
Appliable Provisions:
For reference to Veolia North America's applicable language in their IPUC approved tariff (See
Exhibit B)
Desired Relief:
The Avimor Development and the public school are requesting the Idaho Public Utilities
Commission honor the previously approved plan by Suez. (See Exhibit A) and allow the service
connections (Water service, Private Fire service & Private Fire Hydrant service loop) to the
existing 12" main next to the PRV. -No Main Line extensions needed to be made to Veolia North
America's system.
The school has presented a design in alignment with the previously approved service connection
location by Suez (See Exhibit C)
The school's engineers have reviewed the watermain extension by Veolia and are unable to
identify what benefit would be provided to the existing or future utility users as no additional
capacity, pressure or new service connection points will be created because of this requirement.
Veolia's requirement for the watermain extension down Mcloed Rd is estimated to cost the
public school approximately $500,000, There is no benefit to Veolia North America's current
customers; only future costs to the customers to maintain a line that is not be needed to serve
the Public School.
This cost impact has adversely affected the public school and the tax paying community it serves.
A $500,000, loss forces the Public School to sacrifice amenities such as the soccer field and play
structures that will have to wait until additional tax dollars are available.
Brad R. Pfannmuller
General Manager
208.899.1061
[e-mail]
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