20181221Petition to Intervene.pdf

Cherese D. Mclain, ISB #7911
Paul A. Turcke, ISB #4759
MSBT Law, Chtd.
1699 W. Riverside Drive
Boise, ID 83714
Telephone No.: [phone]
Facsimile No.: [phone]
Email : c tlm @) n t s b t I uvr. t' r; n7
pot@ rnsbtluw'.cltn
Attorneys for Intervenor City of Eagle
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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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-18-02
) EAG-W- 18-01
)) PETITION TO INTERVENE OF CITY
) OFEAGLE
COMES NOW, the City of Eagle ("Eagle"), and pursuant to this Commission's Rules of
Procedure, Rule 71, IDAPA 31.01.01.071 hereby petition the Commission for leave to intervene
herein and to appear and participate herein as a party, and as grounds therefore states as follows:
l. The name and address of the Intervenor:
City of Eagle
c/o Cherese D. Mclain
MSBT Law, Chtd.
1699W. Riverside Drive
Boise, lD 83714
Telephone: (208)33 1 - 1 800
Facsimile: (208)33 | -1202
[e-mail]
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:
PETITION TO INTERVENE OF CITY OF EAGLE - 1 ORIGINAL
Stan Ridgeway
Mayor
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Telephone: [phone] I 3
sriclgcway @) cityof-eag I c. org
sbcrgman n @ ci tyot'eagle. 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 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.
6. Without opportunity to intervene herein, the lntervenor 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.
7. 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 lntervenor will introduce is dependent upon the nature
and effect of other evidence in this proceeding.
8. Granting the Intervenor's petition to intervene will not unduly broaden the issues
nor will it prejudice any party to this case.
PETITION TO INTERVENE OF CITY OF EAGLE - 2
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 partic-ry rEPe proceedings.
DATED this A { day of December, 2018.
MSBT CHrp
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D.
Attorney for Intervenor City of Eagle
PETITION TO INTERVENE OF CITY OF EAGLE - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on ,no 1/ #oay
of December, 2or8,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
41 2 W est Washington Street
Boise, lD 83702
Michael C. Creamer
Givens Pursley LLP
601 W. Bannock Street
Boise, ID 83102
Marshall Thompson
Suez Water ldaho, Inc.
8248 W. Victory Road
Boise, ID 83709
Robert DeShazo
Eagle Water Company, Inc.
188 W. State Street
Eagle, ID 83616
N.L. Bangle
188 W. State Street
Eagle, ID 83616
_ Hand Delivery
_ US Mail
_ F4csimile: (208)33 4-37 62
@^uil,secretary @ puc. i claho. go v
cliane.hair ian @ puc. idaho. gov
_ Hand Delivery
US Mail
Facsimile
-6^n, nr cc @' g i vc n s p u rs I c y. c o,r
_ Facsimile
-L6a1l: marshal l.thompson @ suez.corrl
Hand Deliverv-Kttuit
Facsimile
Email
_ Hand Delivery
US Mail
_ Hand Delivery
_ US Mail
Fac*imile
-6mail : n h a n g I c' @ h 2 o - s ol u t i o ns I I c. n e t
PETITION TO INTERVENE OF CITY OF EAGLE - 4