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Home My WebLink About20190108Amended Petition.pdfCherese D. Mcl-ain, ISB #7911 Paul A. Turcke, ISB #4759 MSBT Law, Chtd. 7699 W. Riverside Drive Boise,ID 83714 Telephone No.: (208) 331-1800 Facsimile No.: (208) 331-1202 Email: cdm@msbrlaw. cont pat@msbtlaw.com Attorneys for Intervenor City of Eagle BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION TECEIVTD liilr J,ii{ -B fiH g: 06 i-ir; ,ilii5l0F,l IN THE MATTER OF THE JOINT APPLICATION OF SUEZ WATER IDAHO AND EAGLE WATER COMPANY FOR THE ACQUISITION OF EAGLE WATER COMPANY )) CASE NOS. SUZ-W-I8-02 ) EAG-W-18-01 )) AMENDED PETITION TO INTERVENE ) oF crTY oF EAGLE COMES NOW, the City of Eagle ("Eagle"), and pursuant to this Commission's Rules of Procedure, Rule 71, IDAPA 31.01.01 .071-.075 hereby amends its petition to the Commission for leave to intervene herein and to appear and participate herein as a party. Despite roughly l5 years of communications between the City and Eagle Water Company, including detailed negotiations about the City's acquisition of Eagle Water Company, the City was not notified and only became aware of the proposed sale to Suez Water Idaho upon reading about it through mass media accounts. Upon such notification and learning of this application with the Public Utilities Commission, the City has been diligently reviewing its archived files regarding the City and Eagle Water Company. Given the volume of those files and timeframe of these proceedings, the City only recently discovered materials necessitating that the City clarify and amend its earlier submission. It is due to these circumstances that the City files this Amended Petition. AMENDED PETITION TO INTERVENE OF CITY OF EAGLE - 1 l. The name and address of the Intervenor: City of Eagle c/o Cherese D. Mclain MSBT Law, Chtd. 7699 W. Riverside Drive Boise, ID 83714 Telephone: (208)33 I - I 800 Facsimile: (208)33 I -1202 cdm@msbtlaw.com Copies of all pleadings, production requests, production responses, Commission orders and other documents should be provided to Cherese D. Mclain as noted above, with an electronic copy to the City of Eagle: Stan Ridgeway Mayor City of Eagle 660 E. Civic Lane Eagle, ID 83616 Telephone: (208)939-68 1 3 srid geway@cityofeagle. org sbergmann@cityofeagle. org 2. The Intervenor, City of Eagle is a city within Ada County, Idaho, incorporated under Idaho Constitution, Article XII, $ 1, and Idaho Code $ 50-l0l et seq. 3. The proposed application before the Commission involves a water system located within the boundaries of the City of Eagle. Eagle residents are customers to Eagle Water Company and the City has a direct and substantial interest on how the acquisition would occur and any impacts to its residents. 4. The City of Eagle operates its own municipal water system and owns wells in near proximity to wells subject to this acquisition. 5. The City has become aware, and is evaluating the meaning and potential applicability, of documents purporting to require Eagle Water Company provide the City a "right of first refusal" to lease up to ten (10) cubic feet of water per second of municipal water rights AMENDED PETITION TO INTERVENE OF CITY OF EAGLE - 2 owned by Eagle Water Company, as well as to notify the City of any bona fide offer to purchase all or any part of its Water System and provide the City the exclusive "right of first refusal" to purchase the water system. The City was not notified of the proposed sale and has not been provided any right of first refusal. 6. The acquiring party has indicated a desire to utilize Eagle Water Company water rights outside of the city limits of Eagle and Eagle Water Company's current service area. 7. Without opportunity to intervene herein, the Intervenor would be without any means of participation in this proceeding which may have a material impact on the domestic water rates and the terms and conditions of such service. 8. The Intervenor intends to participate herein as a party, and if necessary, to introduce evidence, cross-examine witnesses, call and examine witnesses, and be heard in argument. The nature and quality of evidence which the Intervenor will introduce is dependent upon the nature and effect of other evidence in this proceeding. 9. Granting the Intervenor's petition to intervene will not unduly broaden the issues nor will it prejudice any party to this case. WHEREFORE, the City of Eagle respectfully requests this Commission grant its Petition to Intervene in these proceedings and to appear and participate in all matters as may be necessary and appropriate; and to present evidence, call and examine witnesses, present argument and to otherwise fully participate in these proceedings. In the event intervention is granted, Petitioner, City of Eagle, reserves the right to apply for intervenor funding pursuant to RP 161-165 and IDAPA 3 1.01.01. l6l-l 65. AMENDED PETITION TO INTERVENE OF CITY OF EAGLE - 3 DATED this 4th day of January,2079. MSBT w, CHto. D. Mclain Attorney for Intervenor City of Eagle AMENDED PETITION TO INTERVENE OF CITY OF EAGLE - 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 4th day of January,2019, a true and correct copy of the above and foregoing document was forwarded addressed as follows in the manner stated below: Diane M. Hanian Commission Secretary Idaho Public Utilities Commission 472 W est Washington Street Boise, lD 83702 Brandon Karpen Deputy Attorney General Idaho Public Utilities Commission 472 W . Washington Street Boise, ID 83702 Michael C. Creamer Givens Pursley LLP 601 W. Bannock Street Boise, lD 83702 Attorney for P etitioner Marshall Thompson Suez Water Idaho, Inc. 8248 W. Victory Road Boise, ID 83709 Petitioner Robert DeShazo Eagle Water Company, Inc. 188 W. State Street Eagle, ID 83616 Petitioner N.L. Bangle 188 W. State Street Eagle, ID 83616 Petitioner James M. Piotrowski Piotrowski Durand, PLLC PO Box 2864 Boise, ID 83701 Co-Counsel for Intervenor CAIA Hand Deliverv --ytsvtuit_ Fgcsimile: (208)3 3 4-37 62 -yf.mail: secretary@puc. idaho. gov diane. hanian@puc. idaho. gov Edcsimile -y'Email: brandon. _ Hand Delivery US Mail _ Hand Delivery US Mail karpen@puc.idaho.gov Frdsimile --1fi'mail : m c c @ g i v en sp urs I e y. c o m _ Hand Delivery _ US Mail Facsitnile fuuil, marshal l.thompson@suez.com -LdoDelivery_ US Mail _ Facsimile Email _ Hand Delivery US Mail' - Fae{mile fumail: nbangle @h2 o -so I uti onsl I c. net--v _ Hand Delivery US Mail - Pz{simile lemail :j ame s @ i d u n i o n I aw. conr AMENDED PETITION TO INTERVENE OF CITY OF EAGLE - 5 Charlene K. Quade C.K. Quade Law, PLLC 600 E. Riverpark Lane, Suite 215 Boise, ID 83706 Co-Counsel for Intervenor CAIA Brad Purdy Attomey at Law 2019 N. lTth Street Boise, ID 83702 Attorney for Intervenor CAPAI _ Hand Delivery US Mail - rsKn ite -ffmail : c har@q u ad e I a w. c o m _ Hand Delivery _ US Mail Faedrmile ---1a€mail : b m p urd y @h o t m a i I . c o m _ Hand Delivery US Mai.l - puo6,t I zEmail: agermai ne@ci tyofboi se.org--v- _ Hand Delivery US Mai+ - par#.te fumail : n se manko @p arso n s behl e. com ecf@parsonsbehle.com Norman M. Semanko Parsons Behle &Latimer 800 W. Main Street, Suite 1300 Boise, ID 83702 Attorney for Intervenor EWCG Z- D. Mclain AMENDED PETITION TO INTERVENE OF CITY OF EAGLE - 6 Natalie Camacho Mendoza Abigail R. Germaine City of Boise PO Box 500 Boise, ID 83701-500 Attorney for Intervenor City of Boise