20181228Petition to Intervene.pdf

Brad M. Purdy
Attomey atLaw
Bar No. 3472
2019 N. 17ft St.
Boise, lD. 83702
(208) 384-12ee (Land)
(208) 384-851 1 (Fax)
[e-mail]
Attomey for Petitioner
Community Action Partnership
Association of Idaho
IN THE MATTER OF THE JOINT
APPLICATION OF SUEZ WATER
AND EAGLE WATER COMPANY FOR THE
ACQUISITION OF EAGLE WATER
COMPANY
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l:t! ilIt i8 PFI 3: 09
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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CASE NOS. SUZ-W-I8-02
EAG-W-18-01
COMMUNITY ACTION
PARTNERSHIP AS SOCIATION
OF IDAHO'S PETITION TO
TO INTERVENE
COMES NOW, Community Action Partnership Association of Idaho (hereinafter
"CAPAI" or "lntervenor") and, pursuant to Rules 071-076 of the Commission's Rules of
Practice and Procedure, IDAPA 31.01.01 .071-076, hereby petitions the Commission for leave to
intervene in this proceeding and to appear and participate with full party's rights. In support of
this Petition, CAPAI states as follows:
1. The address and name of the Petitioner is:
Community Action Partnership Association of Idaho
3350 W. Americana Terrace, Suite 360
Boise, ID. 83706
2. CAPAI will be represented in this proceeding by, and pleadings and other
correspondence need only be sent to:
CAPAI'S PETITION TO INTERVENE I
Brad M. Purdy
Attorney at Law
2019 N. 17ft St.
Boise, ID. 83702
208-384-1299
Email: [e-mail]
3. CAPAI is a non-profit corporation consisting of six community action agencies serving
every county in Idaho and also includes, among others, the statewide Community Council of
Idaho and fights the causes and conditions of poverty through building the capacity and
eflectiveness of its members who have a direct and substantial interest in this proceeding. These
causes and conditions of poverty are numerous and disparate and include increasing utility rates
such as those for SUEZ's low income rate payers.
Low income families pay a higher percentage of their income for utility expenses than
those in other economic categories. CAPAI is tlpically the only party who intervenes in
proceedings before the Commission specifically representing public utilities' low-income
customers. In particular, CAPAI has been involved. Over the years, in a considerable number of
SUEZ proceedings before this Commission. CAPAI staff works with SUEZ on a regular basis
for many reasons to address a wide variety of issues ranging from rate design and revenue
requirement to low income programs. If granted intervention in this case, CAPAI will address a
variety of issues of importance to the general body of ratepayers.
The case at hand is somewhat unique and certainly significant for all of SUEZ's
and EAGLE WATER's ratepayers, including low income. The acquisition, labeled an "Asset
Purchase Agreement," involves a 3-party transaction whereby Eagle Water will transfer, for a
price unknown, all of Eagle Water's interests in the Company's assets to an entity known as
*H2O Eagle." H2O Eagle will then transfer all interests in the former Eagle Water assets to Suez
2CAPAI'S PETITION TO INTERVENE
for a stated compensation of ten million dollars ($ 10,000,000). Though the proposed transaction
is somewhat unique, it essentially involves increasing the water rates, in three steps, up to parity
with Suez's existing rates. The joint Applicants contend that Eagle's existing water system
infrastructure is in immediate need of significant upgrade which will require a considerable
investment regardless of whether the transaction is approved. On the other hand, the Applicants
assert that there will be economic and system benefits resulting from the proximity of existing
Suez water facilities which will aid in reducing the necessary costs of the Eagle system upgrades.
The proposed acquisition will have obvious impacts on the rates and quality of Eagle
Water's system and service. Due to Eagle Water's alleged shortcomings in its bookkeeping,
obvious scrutiny will be needed to ensure the overall fairness of the transaction to both existing
Suez and Eagle Water customers. CAPAI is concerned that all customers are treated fairly and
that the transaction will not be disproportionately burdensome to all low income customers
affected.
CAPAI points out that Suez, and its predecessors, established a form of low-income
assistance and that this transaction presents an opportune time to re-examine that assistance to
safeguard the interests of the poor. CAPAI intends to examine these issues and circumstances
and, as the primary low income advocate appearing before this Commission, is in a favorable
position to provide educated input regarding low income interests and the interests of the
majority ofjoint applicant's ratepayers.
Based on the foregoing, CAPAI believes that it would fulfill an important role in this
proceeding if given the opportunity to participate as a party. Consequently, CAPAI respectfully
submits that it has a direct and substantial interest in the subject matter of this proceeding and its
intervention will not unduly broaden the scope of the issues presented by the Application.
aJCAPAI'S PETITION TO INTERVENE
4. CAPAI respectfully requests the right to participate in this proceeding and introduce
testimony and exhibits, cross-examine other witnesses, engage in oral argument, file comments,
and otherwise fully participate as a party.
WHEREFORE, the Community Action Partnership Association of Idaho hereby requests
that the Commission grant this Petition to Intervene in this proceeding and to fully appear and
participate as a party with all the rights and responsibilities as such.
DATED, this 28th day of Decernber, 2018.
Brad M. Purdy
Attorney for CAPAI
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4CAPAI'S PETITION TO INTERVENE
CERTIFICATE OF SERVICE
I, the undersigned, hereby represent that on this 28th day of December, 2018, caused a
true and correct copy ofthis Petition to Intervene to be served on the following electronically
(unless otherwise indicated).
Diane Hanian, Secretary
Idaho Public Utilities Commission
472W. Washington St.
Boise, Idaho 83702
Diane. ho lt@puc. idaho. gov
Diane. hanian@puc. idaho. gov
(Served electronically and by hand-delivery)
Branden Karpen
Deputy Attomey General
Idaho Public Utilities Commission
472W. Washington St.
Boise, lD 83702
Branden. karpenf@puc. id aho. gov
(Served electronically)
Michael C. Creamer, Esq.
Givens Pursley LLP
601 W. Bannock St.
Boise, lD 83702
mccf@givenspurs ley. co m
(served electronically)
Dean J. Miller
3620E. Warm Springs Ave.
Boise, ID 83716
deanjmiller@cableone. net
(served electronically)
Mr. Marshall Thompson
Suez Water Idaho, Inc.
8248 W. Victory Road
Boise, ID 83709
rriarshal ltho mpson(i1; suez. co m
(served electronically)
Mr. Robert DeShazo
Eagle Water Company, Inc.
188 W. State Street
Eagle, ID 83616
5CAPAI'S PETITION TO INTERVENE
Mr. N.L. Bangle
188 W. State St.
Eagle, ID 83616
nbangle(4)h2 O- So lutio ns I lc. net
(served electronically)
DATED, this 28ft day of December, 2018,
M. Purdy
6CAPAI'S PETITION TO INTERVENE
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