20211115Petition for Intervenor Funding.pdf

James M. Piotrowski
Marty Durand
PIOTROWSKI DURAND, PLLC
P.O. Box 2864
1020 W. Main Sneet, Suite 370
Boise,Idatro 83701
Telephone: [phone]
Facsimile: (208)3 3 l -9201
iames(didunionlaw.com
martvtOidunionlaw. com
Attorneys for lntervenor
Citizens Allied for Integrity and Accountability
IN TITE MATTER OF THE JOINT
APPLICATION OF SUEZ WATER
IDAIIO AhID EAGLE WATER
COMPAI\IY FORTHE ACQIIISITION OF
EAGLE WATER COMPAI\IY
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
cAsE NOS. SUZW-18-02
EAG-W-I8-01
INTERVENOR CITIZENS
ALLIED FOR INTEGRITY AND
ACCOUNTABILITY'S PETITION
FOR INTERVENOR FUNDING
I. INTRODUCTION
COMES NOW, the Citizens Allied for Integrity and Accountability (CAIA) and,
pursuant to Idaho Code $ 6l-617A and Rules 16l-165 of the Commission's Rules of Procedure,
IDAPA 31.01.01.161-!65,petitions this Commission for an award of intervenor funding in the
above-captioned proceeding. CAIA timely submits this application pursuant to IPUC Rule 164.
II. BACKGROUND
CAIA was granted leave to intervene as a party to this proceeding by IPUC Order 34229
on January 10,2019. CAIA petitioned to intervene consistent with its mission to protect the
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public interest by preserving private property rights, public health, safety and critical natural
resources. Throughout the duration of this case, CAIA engaged in every aspect including, but
not limited to, analyses of the issues and parties involved, reviewing the purchase aglee,ments,
researching water quality and customer senrice, reviewing the proposed rates and the impact that
such an increase would have on Eagle Water's low-income rate payers. CALA reviewed
numerous written testimonies and reviewed hundreds of pages of disclosure documents. CALA
conducted discovery, participated in several inta/inter-party teleconferences including
settlement negotiations; the latter of which did not lead to agreement by the intervenors.
III. PROCEDURAL RE,QTIIREMENTS
A. Rule 16l Requirements 0DAPA 31.01.01.161):
Suez is a regulated water public utility with gross Idaho intrastate annual revenues
exceeding three million, five hundred thousand dollars ($3,500,000.00).
B. Rule 162 Requirements:
(01) Itemized list of Expenses
Consistent with Rule 162(01) of the Commission's Rules of Procedure, an itemized list of
all expenses incurred by CAIA in this proceeding is attached hereto as Exhibit A which was
prepared from data maintained in Piohowski Durand, PLLC's time and invoicing system, which
in tum is the result of contemporaneously entered time records. Exhibit A refleots the date, the
time spent, the tasks perfonned and the person performing the tasks. 63MD' refers Marty
Durand and "JP" refers to James Piotrowski. Attomeys for CAIA spent a total of 69.3 hours on
this matter.
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(02) Statement of Proposed Findings
Throughout the process of this proceeding, CAIA consistently opposed the acquisition of
Eagle Water by Suez for numerous reasons, including lack of transparency, equity, water quality,
local contol, and rate shock. As the Settlement Stipulation provides, Suez and Staffultimately
agreed to a significantly longer rate phase in period. CAIA continued to object to the acquisition
while advocating for a longer phase should the acquisition be approved.
CAIA asks the Commission to deny the application in the absence of full disclosure of
interested parties and terms. The public has been denied information necessary for ffirmed
input. It is difficult to propose any meaningful solutions, amendments or altematives when so
much remains hidden from public view.
A letter from Suez and Violia to the Commission was provided in response to CAIA's
Request for Production. @xhibit 405 attached to CAIA Comments on Joint Application for
Acquisition.) This is, apparenfly, the only statement made public regarding the SuezA/eolia
merger. Without CAIA's intervention, the public would have no information at all regarding the
merger.
CAIA is alarmed at the lack of tansparency and asks the Commission to deny the
acquisition:
a. The Acquisition Application does not clearly disclose what operational
a
relationship will exist betw'een Suez and Veolia. The public has been denied the opportunity to
comment on the entire acquisition and merger.
b. The Acquisition Application does not clearly disclose the details of the sale to and
settlement with H2O Eagle Water. Eagle Water customers have been denied information of the
3
true cost and compensation to unknown middlemen and how this impacts rates and conflicts of
interest.
c. The surcharge distribution is not equitable and based solely on convenience to
Suez. Alternatives should be fully explored.
(03) Statement Showing Costs:
CAIA submits that the costs it seeks to recover through this Petition are reasonable.
Piohowski Durand, LLP, CAIA's legal counsel have been practicing in ldaho for 25 and 26
years respectively and have extensive experience and a unique combination of knowledge and
skills in administrative law, litigation and public policy, that very few lawyers possess.
The majority of the firms's work is performed on an hourly basis with rates ranging from
$150 per hotr (for a single client with unique circumstances), to $350 per hour for work in
complex areas of law, particularly litigation of difficult statutory claims arising under federal
law. Recent fee award decisions include rates ranging from $300 per hour in Citizens Allted for
Integrity and Accountabtlity v. Thomas Schultz, Director of the Department of Lands, et al.,Case
No. l7-cv-00264-BLW, United States Dishict Court for the District of ldaho, to $350 per hour in
K.W. v. Armstrong, Case No. 1:12-cv-00022-BLW, United States Distriot Court for the District
of Idaho. Hourly fees of $200 are reasonable for this case, reflecting the local market as well as
the nature of the matter. In addition, CAIA seeks no costs through this Petition.
CAIA fully participated in every aspect of this proceeding from start to finish and
provided input and asserted issues not raised by Staffand other parties. For the reasons stated
herein, CAIA respectfrrlly submits that the costs it seeks to recover as set forth in Exhibit A are
reasonable.
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(04) Explanation of Cost Statement:
CAIA is a non-profit organization under IRS Code 501(c)(3). CALA has no paid staff
and relies on grants, contibutions and recovery of fees to fund its work to protect the public
interest in natural resources. CAIA does not have the financial ability to intervene on behalf of
the public in matters such as ttris without the opportunity to recover costs and fees as allowed by
PUC Rule 165. CAIA has no direct monetary stake in the outcome of this or any other
proceedhg before the Commission in the sense that it does not represent for-profit businesses or
advocacy groups, directly or indirectly, representing for-profit business interests.
(05) Statement of Difference:
CAIA's proposed findings differ greatly from the recommendation of Staff and the
Settlement Proposal. As with any case at least partially resolved through settlement details of
positions taken during settlement negotiations typically cannot be revealed or otherwise
disclosed outside of the settlement process.
CAIA objects to the acquision of Eagle Water by Suez as water quallty and customer
service will suffer. The acquisition amount has not been independently reviewed and terms of
the acquisition have not been disclosed. The proposed acquisition is not just, reasonable or in the
public interest. Should the acquisition be approved, CAIA believes a longer phase in should be
allowed to address rate shock, especially for low income customers, and a more equitable
distribution of surcharge funds should be explored and adopted.
(06) Statement of Recommendation:
CAIA's recommendations address issues of transparency, equity, rate shock, water
qualrty and local conffol, all of which are of concern to the general body of utility users and
consumers. Public utilities should enjoy the tust of the public they serve. [,ack of transparency
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impacts the public tust and all water customers have a strong interest in use and management of
limited natural resources.
(07) Statement Showing Class of Customer:
CAIA intervened on behalf of members and Eagle Water customers who will experience
rate shock and reduced water qualrty. CALA intervened on behalf of members and Suez
customers in the area who seek transparency in the operation of public utilities. CAIA
intervened on behalf of members and low and fixed income Eagle Water customers who will
suffer the greatest impact of significant rate increases. CAIA intervened on behalf of members
and utility customers who seek to maintain local contol of limited public resources.
IV. CONCLUSION
CAIA intervened to protect important public interests and has participated in every step
of the process. CAIA's intervention resulted in disclosure of documents and consideration of
rate shock and impacts on limited income customers. The ftrnding requested is reasonable and
CAIA asks the IPUC to approve this Application.
Dated this 15ft day ofNovember, 2021.
Vuh^ L)i.,trrnrrrJ
i,larty durana
6
CERTTFICATE OF' SERVICE
I HEREBY CERTIFY that on the 156 day of October,Z}2l,a true and correct
copy of the foregoing document was served on the following via electronic mail:
Jan Noriyuki
Commission Secretary
Idatro Public Utilities Commission
secretary@Fuc. idatro. eov
j [e-mail]. gov
Erick Shaner
Dayn Hardie
Deputy Attorney General
[e-mail]. gov
Erick. shaner@.Fuc.idatro. gov
Marshall Thompson
Suez Water Idaho,Inc.
[e-mail]
Molly O'Leary
Eagle Water Company, Inc.
mol [e-mail]
Robert DeShazo, Jr.
Eagle \Mater Company, Inc.
eaglewaterco@ gmail.com
N.L. Bangle
H2O Eagle Acquisitions, LLC
nbanelefahz0-solutionsllc.net
Jason Pierce
Mayor, City of Eagle
i pierce@cityofeaqle. ore
tosborn@cityo fea gle.or g
7
B. Newall Squyres
Munay D. Feldman
Holland & Hart, LLP
City of Eagle
nsquyres @hollandhart. com
mfeldman@hollandhart. com
Norman Semanko
Parsons Behle & Lattimer
Eagle Water Customer Group
[e-mail]
ecf@.parsonsbeh le. com
Mary Grant
Scott B. Muir
Boise City Attorney's Office
boisecitvattorney@cityofboise. org
Preston Ca.rter
Givens Pursley, LLP
Suez Water Idaho,Inc.
mcc@ givenspursley.com
prestoncarter@ givenspursley. com
klo,h, {r),,,rnr r}
Marry-$uiand -
8
PIOTROVVSKI DURAND,
PLLC
P.O. Box 2864
Boise, lD 83701
[phone]
TA)( ID
#4'749',t4076
lnvoie submitted to:
CAIA Eagle Water Utility
November 15,2021
ln Reference To:
lnvoice # 2064,0
Professional Services
u3nu9 JP Drafted substitution of counsel; reviewed and responded to
email messages from counse!; reviewed and responded to
email messages from client; further reviewed Suez filings; legal
research
2t21t2019 JP Legal research; drafted motion for extension of discovery
deadlines
2l2A2Ug JP Drafted motion forextension of discoverydeadlines
711412021MD Review PUC pleadings and testimony
712512021MD review pleadings and testimonies, research "public interesf'
71261202'l MD reviewtestimony and draft memo
811912021 MD review documents from client and petitions
812012021MD draft notice of appearance, review discovery response
Rate
200.00/hr 1.70
200.00/hr 1.20
200.00/hr 1.30
200.00/hr 2.00
200.00/hr 1.00
200.00/hr 2.00
200.00/hr 0.50
200.00/hr 0.50
Hours Amount
340.00
240.00
260.00
400.00
200.00
400.00
100.00
100.00
812312021MD review pleadings and attend conference with all parties
200.00/hr 2.00
400.00
CAIA Eagle Water Utility
8t24t2021MD Telephone conference with other intervenor, email other
intervenor re opposition to modified procedure, download and
review discovery materials; emailclient; review information on
Veolia
8t26t2021MD review discovery responses re assets, review information
from client; draft information request; check on confidentiality
agreement
813012021MD finish information request and serve on Suez
8t31t2021MD Conference on PUC decision re modified proceedings,
Telep hone conference with potential witness, review protective
agreement and sign, email client with update
9t14t202',t MD attend settlement conference, review d iscovery responses,
update client
911512021 MD review discovery responses for base rate calculations
911612021 MD review and select discovery re rate base and sale
9t2112021MD review discovery responses, check prior discovery responses
for info, check Vfoming SOS for H2O Eagle Acquisitions
information
912212021 MD review discovery and find info on H20 Eagle,
9t23t202'.t MD check discovery responses and email O'Leary for unredacted
contract
9t271202'.t MD gather relevant documents, outline comments, review Suez
counter proposal, email client, emailother intervenor
91291202',t MD send summary to client, review updated phase in tables from
Staff, email other intervenor
101312021MD Telephone conference with client re update
'|.01412021 MD work on comments, attend intervenor settlement discussion
101512021MD attend settlement conference and work on comments, attend
evening workshop
200.00/hr
Page 2
Hours Amount
500.00
2.50
Rate
200.00/hr 2.50
200.00/hr 1.30
200.00/hr 1.00
200.00/hr 2.50
200.00/hr 1.00
200.00/hr 1.30
200.00/hr 3.00
200.00/hr 2.00
200.00/hr 0.50
200.00/hr 2.30
200.00/hr 1.00
200.00/hr 0.40
200.00/hr 2.50
200.00/hr 3.00
500.00
260.00
200.00
500.00
200.00
260.00
600.00
400.00
100.00
460.00
200.00
80.00
500.00
600.00
101612021MD research PUC rules for comments and exhibits
200.00/hr 1.00
200.00
CAIA Eagle Water Utility
fin2021MD review public pleadings and confidential discovery for
accounting reviews, review settlement agreement and send to
client
10/1112021MD research PUC and work on comments, respond to client inquiry
10fiA2021MD check about amended schedule, work on comments, mail copy
to client
1011312021MD research and work on comments
1011812021MD review notice of settlement and hearing order, send to client
1012012021MD work on comments and identiffing exhibits
1012112021MD finish comments, clean up cites, send to client for review
1012512021 MD revise comments, send to client for review; find confidentiality
agreement and send to Suez.
1012612021MD finish comments, Telephone conference with client, order
exhibits and prepare for filing
1012712021MD reorder exhibits, revise comments, file with PUC, review Staff
comments, emailclient
111112021MD attend public meeting (via phone)
'l1l8l2021MD review Suez response to comments, start drafting fee petition
111912021MD work on fee petition, review rules
1111012021MD finish fee petition
For professional services rendered
Balance due
Rate
Page 3
Hours Amount
400.00
2.00200.00/hr
600.00
200.00/hr 3.00
700.00
200.00/hr 3.50
400.00
200.00/hr 2.00
100.00
200.00/hr 0.50
600.00
200.00/hr 3.00
500.00
200.00/hr 2.50
500.00
200.00/hr 2.50
500.00
200.00/hr 2.50
200.00
200.00/hr 1.00
300.00
200.00/hr 1.50
400.00
200.00/hr 2.00
400.00
200.00/hr 2.00
260.00
200.00/hr 1.30
69.30 $13,860.00
To insure proper credit, please include invoice number on your payment. Thank you.
$13,860.00