20211122Petition for Intervenor Funding.pdf

Norman M. Semanko,lSB #4761
PaRsoNs BpHLp & Lertvrsn
800 W. Main Street, Suite 1300
Boise,ldaho 83702
Tel: [phone]
Fax: [phone]
Email: [e-mail]
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Attorneys for Intervenor Eagle Water Customer Group
BEFORE TIIE IDAHO PUBLIC UTILITIES COMMISSION
TN THE MATTER OF THE JOINT
APPLICATION OF SUEZ WATER IDAHO,
[NC., TO ACQUIRE EAGLE WATER
COMPANY
Case Nos.: SUZ-W-I 8-02; EAG-W-I 8-01
EAGLE WATER CUSTOMER GROUP'S
PETITION FOR INTERVENOR
FUNDING
Eagle Water Customer Group ("EWCG"), by and through its counsel of record, Parsons
Behle & Latimer, pursuant to Idaho Code $ 6l-617A and Rules 053 and 16l through 165 of the
Rules of Procedure of the Idaho Public Utilities Commission ("Commission"), Idaho
Administrative Code ("IDAPA") 31.01.01, and hereby petitions the Commission for an award of
intervenor funding.
A. BACKGROUND
EWCG is an unincorporated nonprofit association, formed and recognized under the laws
of the State of ldaho, composed of ratepayers, taxpayers and concerned citizens, including
customers of the Applicants. EWCG members stand to be impacted by significant rate increases
resulting from the proposed acquisition. If granted, these rate increases would exceed 200Yo for
residential customers and 300% for commercial customers. This threatens to impose
considerable "rate shock" on current Eagle Water Company customers. The outcome of the
proceedings could also impact service to customers and other aspects of the public interest.
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EWCG was formed to oppose and respond to the proposed acquisition of Eagle Water
Company by SLIEZ Water ldaho, including the proposed rate increases, potential impacts on
service, and other aspects of the public interest. EWCG successfully petitioned to intervene and
has actively participated in the proceedings, as necessary to protect the interests of its members.
In accordance with IPUC Rule 053(07)(a), the facts upon which this Petition is based are
delineated below, along with the relevant legal authority upon which they are based.
In accordance with IPUC Rule 053(07Xd), the entity against which this Petition is
brought is identified as Applicant SUEZ Water ldaho, Inc. ("Applicant" or "SUEZ Water
Idaho").
B. AWARD OF COSTS OF INTERVENTION AI\ID CASE IN WIIICH
INTERVENORS MAY APPLY FOR FUNDING
Idaho Code $ 6l-617A(2) and IPUC Rule 16l are met because SUEZ Water ldaho is a
regulated water utility with gross Idaho intrastate annual revenues exceeding $3,500,000.
C. ITEMIZED LIST OF EXPENSES
Pursuant to IPUC Rule 162(01), following is an itemized list of EWCG's costs and fees:
Itemized legal work performed during acquisition proceedings Hours
Review Application, Amended Application and Direct Testimony
Review Commission Notices and Orders
Prepare Petition to Intervene
Review Petitions to Intervene, motions and responses filed by other parties
Review Production Requests and Responses
Meetings and communications with Commission Staffand other parties
Meetings and communications with client group members
Participate in settlement meetings and discussions; review proposals
Review and draft comments on proposed stipulation and settlement
Review other comments on settlement; client group briefing
Prepare for and participate in Customer Hearing; review Applicant rebuttal
Total hours worked -Norman M. Semanko
EAGLB WATER CUSTOMER GROUP'S PETITION FOR INTERVENOR FLINDING - Page 2 pastt.wtl
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4.5
2.2
2.7
2.5
18.6
13.2
9.0
17.5
4.0
1.7
3.0
78.9
Legal Fees: 78.9 hrs. @$200lhr.r= $15,780
D. STATEMENT OF PROPOSED FINDINGS AI\D MATERIAL CONTRIBUTION
THEREFROM
In accordance with IPUC Rule 162(02), the proposed findings and recommendations of
EWCG can be found in Eagle Water Customer Group's Comments on Proposed Settlement
dated October 27,2021; namely, that the Commission should: (l) reject and deny the Stipulation
ond Settlement and underlying application pursuant to the factors considered under Idaho Code
Section 6l-328, or (2) modify the structure and length of the proposed rate increase phase-in as
reasonably necessary to mitigate the rate shock that would otherwise occur to existing Eagle
Water customers, as it did for existing customers in the South County Water acquisition case.
EWCG maintained this position throughout the proceedings, thereby contributing
materially to the settlement that was agreed to by the Applicants and Commission Staff and
proposed to the Commission. In addition, EWCG filed extensive comments with the
Commission, setting forth the factual and legal basis for denying or conditioning the acquisition.
The requirement of Idaho Code $ 6l-617\(2)(a) is satisfied because said proposed
findings and recommendations materially contributed to the decision rendered by the
Commission.
E. STATEMENT SHOWING COSTS
The fees and costs EWCG seeks to recover - as detailed above - are reasonable and, as
such, meet the requirements of Idaho Code $ 6l-617A(2)(b) and IPUC Rule 162(03). Attomey
Norman M. Semanko's standard hourly rate is $405 per hour, but in this case his services were
rendered at a discounted rate of $200 per hour, resulting in legal fees totaling $15,780 for 78.9
I Norman M. Semanko's services were billed at a discounted rate of $200/hour (standard rate is
$405/hour).
EAGLE WATER CUSTOMER GROUP'S PETITION FOR INTERVENOR FUNDING - Page 3 (26s?3.001)
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hours of time performing work in this matter. No witness fees or reproduction costs were
incurred.
F. EXPLANATION OF COST STATEMENT AI\D STATEMENT OF FINAI\ICIAL
HARDSHIP
EWCG's funding, as an unincorporated nonprofit association, comes predominantly from
individuals, most of whose contributions are unpredictable, sporadic, and limited in amount.
EWCG has incurred reasonable, but still considerable, expenses participating in this important
proceeding. Even with intervenor funding, participation in this case constitutes a significant
hardship because EWCG has incurred these expenses during the course of the proceeding.
The fees and costs identified above constitute a significant financial hardship for EWCG,
and the requirements of ldaho Code $ 6l-617A(2)(b) and IPUC Rule 162(04) are met.
G. STATEMENT OF DIFFERENCE
The Commission Staff provided valuable technical analysis regarding the proposed
acquisition. Its role and position differed from those of the Intervenors. The Staff was an
effective intermediary between the Intervenors and the Applicants. However, the lntervenors did
not agree to the settlement that was reached between the Applicants and Staff.
While other Intervenors were focused on various issues related to this matter, EWCG
consistently took the position that the acquisition should be denied due to the magnitude of the
rate increases for existing Eagle Water customers. The more than 200o/o residential and 300%o
commercial rate increases proposed to be charged by SUEZ Water Idaho are significantly greater
than could be expected under Eagle Water Company, even with improvements deemed necessary
by Staff. These rate increases - even with the proposed phase-in - would impose considerable
rate shock, both for residential and commercial customers. In particular, EWCG maintained that
the proposed acquisition should either be denied or conditioned so that the rate increases do not
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result in such rate shock. In particular, EWCG focused its analysis on the factors set forth in
Idaho Code Section 6l-328, which other parties did not focus on. This difference in focus
contributed materially to the Commission's consideration and ultimate decision in this matter.
The requirements of Idaho Code $ 6l-617A(2)(c) and IPUC 162(05) are met by the clear
difference between EWCG's proposed findings from those of Staff and the other parties.
H. STATEMENT OF RECOMMENDATION: EWCG ADDRESSED ISSUES OF
CONCERN TO THE GENERAL BODY OF USERS AI\D CONSUMERS
EWCG's position addressed issues of concern to the general body of utility users and
consumers. As noted previously, EWCG is an unincorporated nonprofit association, composed
of ratepayers, taxpayers and concerned citizens. EWCG's position against the acquisition and
associated rate increases is because it would impose considerable rate shock on existing Eagle
Water Company residential and commercial customers. These are issues of concern to EWCG
users and customers. As such the requirements of ldaho Code $ 6l -617A(2)(d) and IPUC Rule
162(06) have been met.
I. STATEMENT OF SHOWING CLASS OF CUSTOMER
To the extent EWCG represents a specific customer class, it is predominantly the
residential class. IPUC Rule 162(07).
J. AWARDS
The specific requirements of Idaho Code $ 6l-617A(2H5) and IPUC Rule 165(01)(af
(e) have been met as indicated above.
The award of intervenor funding is requested to be paid within twenty-eight (28) days of
the order of the Commission awarding intervenor funding. IPUC Rule 165(02).
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The award of intervenor funding paid by SUEZ Water Idaho will be an allowable
business/rate case expense and shall be chargeable to the class of customers represented by the
intervenors. IPUC Rule 165(03).
This Petition is permitted, as EWCG is not in direct competition with SUEZ Water tdaho
and thus payment of EWCG's expenses is not prohibited by Idaho Code $ 6l-617A(5).
WHEREFORE, Petitioner EWCG, pursuant to Idaho Code $ 6l-617A(5) and IPUC Rule
053(07)(c), includes the following prayer for relief:
l. For an award of intervenor funding to EWCG in the amount of $15,780 against
Applicant SUEZ Water Idaho as follows:
2. That such award of intervenor funding be paid within twenty-eight (28) days of
the order of the Commission awarding intervenor funding;
3. That such award of intervenor funding be an allowable business/rate case expense
and be chargeable to the class of customers represented by EWCG; and
For such other and further relief as the Commission may determine to be just and proper.
DATED this2,dday ofNovembet'2'2.' paRsoNsBprup&Leflvrsn
Norman M. Semanko
Attorneys for Eagle Water Customer Group
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the22il day ofNovember, 2021,a true and correct copy of
the foregoing document was served on the following via email:
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SUEZ WATER IDAHO. INC.
Marshall Thompson
SUEZ WarrnIoeHO INC.
8248 W. Victory Road
Boise,ID 83709
E-mail: [e-mail]
Michael C. Creamer
Preston N. Carter
GrvpNs PuRsr-ey llp
POBox2720
Boise,lD 83701-2720
E-mail: [e-mail]
prestoncarter@gi venspursley.com
EAGLE WATER COMPANY:
Molly O'Leary
BzCouNseLoR @ LAw, tLLc
1775W. State St. #150
Boise,ID 83702
E-mail : molly @bizcounseloratlaw.com
Robert V. DeShazo, Jr., President
Eacr-E Warpn ColreNY, INc.
PO Box 455
Eagle,lD 83616-0455
E-mail : eaglewaterco@gmai l.com
N. L. Bangle
H2O Enclr AceursntoN, r-Lc
188 W. State Street
Eagle,ID 83616
E-mail: nbangle@h2o-solutionsl lc.net
COMMTSSION STAFF:
Dayne Hardie
Erick Shaner
Deputy Attorneys General
Ioeno PusI-tc UuLnlss ComrrssroN
47 2 W . Washington (837 02)
PO Box 83720
Boise, ID 83720-0074
E-mail: dayn.hardie@puc. idaho.gov
erick. shaner@puc. idaho. gov
CITY OF EAGLE:
B. Newall Squyres
Murray D. Feldman
Holr.aNp & Henrllc
800 W. Main St., Suite 1750
POBox2527
Boise,lD 83702-2527
E-mail : nsquyres@hol landhart.com
m feldm an @ho I I andh art. com
Jason Pierce
Mayor
Crv or Eeclp
E-mail : [e-mail]
to sbom@ c ityofeaele. ors
CITZENS ALLIED FOR INTEGRITY AND
ACCOI.JNTABILITY:
James M. Piotrowski
Marty Durand
PtorRowsrl DURAND, PLLC
1020 W. Main Street, Suite 440
PO Box 2864
Boise,ID 83701
E-mail : [e-mail]
[e-mail]
CITY OF BOISE CITY
Mary Grant
Scott B. Muir
Deputy City Attorney
Botsp Crrv ATToRNEY's Oprrcs
150 N. Capitol Blvd.
PO Box 500
Boise,ID 83701-0500
E-mail: [e-mail]
DATED this 22nd day of November, 2021.
Norman M. Semanko
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