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Home My WebLink About20190107Response.pdfD ouGINAt Norman M. Semanko, ISB #4761 PARSONS BEHLE & LATIMER 800 West Main Street, Suite 1300 Boise, Idaho 83702 Telephone: 208.562.4900 Facsimile: 208.562.4901 NSemanko@parsonsbehle.com ecf@parsonsbehle.com IN THE MATTER OF THE JOINT APPLICATION OF SUEZ WATER IDAHO AND EAGLE WATER COMPANY FOR THE ACQUISITION OF EAGLE WATER COMPANY Attomeys for Petitioner Eagle Water Customer Group BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NOS. SUZ-W-18-02 EAG-W-18-01 EAGLE WATER CUSTOMER GROUP'S RESPONSE TO SUEZ WATER IDAHO INC.'S ANSWER TO PETITIONS TO INTERVENE COMES NOW Petitioner Eagle Water Customer Group ("EWCG" orthe "Group"), by and through its counsel of record, and hereby responds to SUEZ Water Idaho Inc.'s Answer to Petitions to Intervene filed January 3,2019 ("SUEZ Answer"), as follows. SUEZ does not formally oppose EWCG's Petition to Intervene ("Petition") (SUEZ Answer at 4) and did not file a motion in opposition, as would be required to oppose a petition to intervene. Idaho Public Utilities Rules of Procedure ("RP") 75. Rather,SUEZ suggests that EWCG's Petition to Intervene should be granted conditionally, subject to a later determination as whether the intervention is in the public interest. SUEZ Answer at 5. There is no reasonable basis to impose such a condition on EWCG's intervention. EWCG's Petition to Intervene meets all of the requirements required by the Commission's Rules of Procedure. It sets forth a direct and substantial interest, that being, among other things, EAGLE WATER CUSTOMER GROIIP'S RESPONSE TO SUEZ WATER IDAHO INC.'S ANSWER TO PETITIONS TO INTERVENE - I 4845- I 853-3 765v I R[:CElVEt) ?ui: .lfll:1 -7 Li'l l0: 5l 'lj the interest that the ratepayer members of EWCG have in the proposed rate increases for Eagle Water customers of more than 200Yo for residential customers and 300% for commercial customers. Petition at 2. EWCG's participation would not unduly broaden the issues beyond those already brought before the Commission by the Joint Application, the direct testimony and exhibits of the Applicants, the Notice of Application, and the written comments that have been submitted. Id. And the petition to intervene is certainly timely. Id. al3. As a result, the petition satisfies the standard for intervention set forth in the Rules. In addition, by rule, all intervenors are subject to being dismissed later in the proceeding if it appears to the Commission that the intervenor has no direct or substantial interest in the proceeding or that the intervention is not in the public interest. RP 74. There is therefore no reason to add this as a specific condition. SUEZ poses questions regarding the class of ratepayers EWCG seeks to represent, how it will contribute to relevant issues in a manner distinct from other proposed intervenors, and "at least some overlap" between EWCG's membership and that of another proposed intervenor. None of these questions are relevant to the pending petition to intervene, but will be addressed briefly below. EWCG's petition clearly states concems about both the residential and commercial customer rate increases proposed by SUEZ. Petition at 2. As stated in its petition, EWCG is an unincorporated nonprofit association, formed to oppose and respond to the Joint Application, including the proposed rate increases, potential impacts on service, and other aspects of the public interest. Id. at 3. The Group is recognized under Idaho State Law and filed its Notice of Unincorporated Nonprofit Association Agent Appointment (attached hereto as Exhibit A) on January 2,2019. EWCG is the only petitioner that has expressed outright opposition to the proposed acquisition by SUEZ. Petition at 2. EWCG has established a Facebook group EAGLE WATER CUSTOMER GROUP'S RESPONSE TO SUEZ WATER IDAHO INC.'S ANSWER TO PETITIONS TO INTERVENE - 2 4845- I 853-3 765v I (www.facebook.com/groups/EagleWaterCustomers/) for its members and others who may wish to join EWCG. As advertised on its Facebook page, the Group will also be holding a meeting at the Eagle Public Library on Saturday, January 12. While no surprise that EWCG's membership may overlap with that of other groups and that its members are residents of the City of Eagle, that does not change EWCG's nonprofit purpose of opposing the acquisition and participating in the Commission's proceedings. The interests of the Group are clear and relate directly to this proceeding. It is certainly in the public interest to allow intervention by the Group, as it actively engages in the Commission process on behalf of it members and seeks to keep its members and other Eagle Water ratepayers, taxpayers and interested citizens informed of the process. The questions raised by SUEZ regarding potential intervening funding are at best premature and must await the separate filing of such petitions, later in the proceeding, pursuant to RP 161-65. For the foregoing reasons, and those presented in EWCG's Petition to Intervene, EWCG should be granted unconditioned intervention to participate fully in this matter. DATED this 7th day of January,2019. PARSONS BEHLE & LATIMER \----1^-By: Norman M. S Attorneys for Eagle Water Customer Group EAGLE WATER CUSTOMER GROUP'S RESPONSE TO SUEZ WATER IDAHO INC.'S ANSWER TO PETITIONS TO INTERVENE - 3 4845- I 853-3 765v 1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following on this 7th day of January, 2019 by the following method: Diane M. Hanian Commission Secretary Idaho Public Utilities Commission 472 W est Washington Street Boise, ID 83702 IPUC secretary@puc. idaho. gov diane.hanian@puc. idaho. gov Brandon Karpen Deputy Attorney General Idaho Public Utilities Commission 472 W est Washington Street Boise, ID 83702 IPUC Brandon. karpen@puc. idaho. gov James M. Piotrowski PIOTROWSKI DURAN, PLLC P.O. Box 2864 1020 West Main Street, Suite 400 Boise, ID 83701 Attorneys for Petitioner Citizens Allied for Int e gr ity and Ac c ount ab i I ity James@idunionlaw.com Michael C. Creamer Givens Pursley LLP 601 West Bannock Street Boise, lD 83702 Attorneys for Applicant Suez Water ldaho Inc. mcc@givenspursley.com Marshall Thompson Suez Water Idaho, lnc. 8248 West Victory Road Boise, ID 83709 Applicant Marshall.thompson@suez. com U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express f Hand Delivery (of orig for filing) f, Electronic Mail or CM/ECF U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express Hand Delivery Electronic Mail or CM/ECF U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express Hand Delivery Electronic Mail or CM/ECF U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express Hand Delivery Electronic Mail or CM/ECF X U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express Hand Delivery Electronic Mail or CM/ECF xrTTx xtrTtrx XtrtrtrX EAGLE WATER CUSTOMER GROUP'S RBSPONSE TO SUEZ WATER IDAHO INC.'S ANSWER TO PETITIONS TO INTERVENE . + 4845-l 853-3765v1 Robert DeShazo Eagle Water Company, Inc. 188 West State Street Eagle, ID 83616 Joint Applicant N. L. Bangle 188 West State Street Eagle, ID 83616 Joint Applicant nbangle@h20-solutionsllc.net Cherese D. Mclain Paul A. Turcke MSBT Law, Chtd. 7699 West Riverside Drive Boise, ID 83714 Attorney for Petitioner City of Eagle cdm@msbtlaw.com; pat@msbtlaw.com Abigail R. Germaine Deputy City Attorney Boise City Attorney's Office 150 North Capitol Blvd. P.O. Box 500 Boise, ID 83701-0500 Attorney for Petitioner City of Boise agermaine@cityofboise. org Stan Ridgeway, Mayor City of Eagle 660 East Civic Lane Eagle, ID 83616 sridgeway@cityofeagle. org sber gmann @city ofeagle. org Petitioner Brad M. Purdy 2019 North 17th Street Boise, ID 83702 bmpurdy@hotmail.com Attorney for Petitioner Community Action Partnership Association of ldaho U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express Hand Delivery Electronic Mail or CM/ECF X U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express ! Hand Delivery f Electronic Mail or CM/ECF U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express Hand Delivery Electronic Mail or CM/ECF X U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express Hand Delivery ffi Electronic Mail or CM/ECF U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express Hand Delivery Electronic Mail or CM/ECF U.S. First Class Mail, Postage Prepaid U.S. Certified Mail, Postage Prepaid Federal Express Hand Delivery Electronic Mail or CM/ECF Xtrtrtrtr xtrtrtrX xtrtrtrx xtrTtrx \.--- N M. Semanko EAGLE WATER CUSTOMER GROIIP'S RESPONSE TO SUEZ WATER IDAHO INC.'S ANSWER TO PETITIONS TO INTERVENE - S 4845- I 853-3 765v I E,XHIBIT A ililil1il1ililil ilI1ililililililr ilffiilililililililr1ilrililililfiilililililililfiffilllll STATE OF IDAHO i:,. - J4'y Office of the secretary of state, Lawerence Denney 't.-..";,.. -' ? o. XlH":$ifi3,[f'ED NoNPRoFrr ASSocrArroN AGEN' .l;' '''; ",- ..'iff/a, t ., ldahosecretaryof State t ;" !/,f n- "n Po Box 83720 ''f ; ' t\ ;!'t 'Boise, tD 837204080 ' "i .: t:;'' '' ' (208) 334-2301 Filing Fee: 00.00 '1. Th€ namo of the unincorporatod nonprofit associalion is: EAGLE WATER CUSTOMER GROUP 2. Tho comploto streel address of tho prlnclpal office ls: Principal Office Address 8770 W. CHAPARRAL RD. EAGLE. ID 83616 3. Tho malllng address ol the princjp.l offc6 ls: Mailing Address None NORI{AN M SEMANKO Registered Agent Physical Address 8OO W MAIN ST., SUITE 13OO BOISE, lD 83702 Malling Address 4. Registered Agent Nams and Address Registered Agent 5. Roquired Aoont Menual Signaturo Registered Agent Signature: Date signed: t/Z / n 4l ----- member theof associalion: Member Slgnatura: Slgnature of a Date Signed: /2 Pagc I of I