20240304Notice_of_Modified_Procedure_Order_No_36104.pdf

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36104 1

Office of the Secretary
Service Date
March 4, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On December 28, 2023, the City of Eagle (“Eagle” or “City”) and Veolia Water Idaho, Inc.
(“Company”) (collectively the “Applicants”) jointly applied to amend and revise the Company’s
Certificate of Public Convenience and Necessity (“CPCN”) No. 143 to remove a portion of the
City from the Company’s certificated service territory. If the Application is approved, the water
system assets servicing Company customers in the eliminated service territory along with other
assets serving the Eagle Skate Park in the Eagle Sports Complex will be transferred to the City.
The Applicants requested their Application be processed via modified procedure.
At the Commission’s January 9, 2024, Decision Meeting, Staff presented a Decision
Memorandum recommending the Commission issue a Notice of Application and Notice of
Intervention Deadline.
On January 18, 2024, the Commission issued a Notice of Application and Notice of
Intervention Deadline, setting an intervention deadline of February 8, 2024. No parties petitioned
to intervene.
At the Commission’s February 20, 2024, Decision Meeting, Staff presented a Decision
Memorandum recommending the Commission issue a Notice of Modified Procedure, setting an
April 10, 2024 public comment deadline and an Applicant reply deadline of April 24, 2024.
The Commission now issues this Notice of Modified Procedure establishing deadlines for
interested parties to comment on the Application and for the Applicants to reply.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-204. The Commission
IN THE MATTER OF THE CITY OF EAGLE
AND VEOLIA WATER IDAHO’S JOINT
APPLICATION TO AMEND VEOLIA
WATER IDAHO’S CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
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CASE NO. VEO-W-23-05

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 36104
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36104 2

notes that Modified Procedure and written comments have proven to be an effective means for
obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments.
Persons shall have until April 10, 2024, 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 all
parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
their name, address, and the Case Number under which they are commenting. Persons submitting
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101(13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the Parties at the addresses below. Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record
under Idaho Code § 74-101(13), and all information provided by such person is available for public
and media inspection.
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

For Veolia Water Idaho:

Preston N. Carter
Givens Pursley, LLP
601 W. Bannock Street
Boise, ID 83702
[e-mail]
[e-mail]

NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36104 3

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

For the City of Eagle:

Norman M. Semanko
Parsons, Behle & Latimer
800 W. Main Street, Suite 1300
Boise, ID 83702
[e-mail]

The City Eagle
Mayor Brad Pike
660 E. Civic Lane
P.O. Box 1520
Eagle, ID 83616
[e-mail]

YOU ARE FURTHER NOTIFIED that the Applicants must file any reply comments by
April 24, 2024.
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.
O R D E R
IT IS HEREBY ORDERED that the Application be processed by Modified Procedure,
Rules 201-204. Persons interested in submitting written comments must do so by April 10, 2024.
The Applicants must file any reply comments by April 24, 2024.
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.
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NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36104 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 4th day of
March 2024.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Commission Secretary

I:\Legal\WATER\VEO-W-23-05_CPCN Eagle\orders\VEOW2305_Ntc of Mod_at.docx