20210226Motion for Extension of Time.pdf

JAYME B. SULLTVAN
BOISE CITY ATTORNEY
MARY R. GRANT (ISB No. 8744)
SCOTT B. MUIR (ISB No. 4229)
Deputy City Attomey
CIry OF BOISE
OFFICE OF THE CITY ATTORNEY
P.O. Box 500
Boise,ID 83701-0500
Telephone: [phone]
Email : [e-mail]
Attornqtsfor City of Boise
IN THE MATTER OF SUEZ WATER IDAHO
INC.'S APPLICATION FOR AUTHORITY TO
INCREASE ITS RATES AND CHARGES FOR
WATER SERVICE IN IDAHO
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CaseNo. SUZ-W-20-02
MOTION FOR EXTENSION
OF TIME
COMES NOW the City of Boise (the "City"), by and through undersigned counsel, and,
pursuant to Idaho Code (I.C.) i 6l-622(4) and Rule 256 of the Rules of Procedure (IDAPA
31.01.01.256) of the Idaho Public Utility Commission ("Commission") files this Motion for
Extension of Time. The City is joined in this Motion by intervenors Ada County, Suez Water
Customer Group, Intermountain Fair Housing Council, Community Action ParErership
Association of Idaho ("CAPAI"), Micron technology, [nc. ("Micron"), and Gannon, et. al.
(Individuals), by and through undersigned counsel, respectively. The parties hereto request the
Commission extend the period of suspension of rates for good cause shown, extend the pre-hearing
deadlines and scheduled hearing date, and as grounds for this Petition, the parties state as follows:
MOTION FOR EXTENSION OF TIME - 1
I. Procedural History
Following the CommissionNotice of Parties, dated December 3l,z020,Intervenors have
been working diligently to pursue discovery and engage in substantive settlernent discussions.
Following an initial settlement conference on February ll,2O2l, and as outlined in a Decision
Memorandum provided bV ltaff, dated February 19,2021, staffrecommended the following:
1. Establishing a March 17,2021deadline for Staffand Intervenors to file prepared
testimony;
2. Establishing an April 7, 2O2l deadline for the SUEZ Water Idaho, Inc.
("Company") to file rebuttal testimony;
3. Directing Staffto hold a public workshop for March 25,2021;
4. Scheduling a customer hearing for April 15,2021; and
5. Scheduling a technical hearing for April 20-22,202I.
The Commission approved the Decision Memorandum on February 23,2021, and an Order is
expected to be forflrcoming.
II. Applicable Law
The period of suspension of a new rate shall not extend beyond thirty (30) days when
such new rate would otherwise go into effect, unless the commission in its discretion extends
the period of suspension for an initial period not exceeding five (5) months. I.C. $ 6l-622(4)
The commission may further, after a showing of good cause on the record, grant an additional
sixty (60) days. Id. Objective circumstances that are substantive, substantial or compelling, and
meet a standard of reasonable as applied may constitute good cause. See Meyer v. Slryline Mobile
Homes, 99 Idaho 7 54, 7 59 (1979).
MOTION FOR EXTENSION OF TIME - 2
III. Argument
The parties hereto submit that good cause exists to extend the period of suspension of a
new rate and to extend deadlines as established.
l. Because of the proposed increase of over 22Yo, there are a substantial number of
intervenors in this rate case, each raising important issues, some of which are
independent of others raised. Several of the intervenors are not usual participants
to Commission proceedings and, despite exercising diligence in the matter, seek
additional time to navigate the procedure, the voluminous documents that have
been produced, and substantive aspects of the case, which are heavily technical
in nature. Additionally, CAPAI's executive director left unexpectedly without
access for several weeks, leaving CAPAI and its counsel without an expert and
of which counsel just learned within the last few days.
2. Discovery continues to be ongoing. The parties have engaged in settlement
proceedings to date. However, many discovery requests are outstanding, which
information would inform and may aid in settlement progress. The parties hereto
are confident that an extension of time will provide greater opportunity for
substantive settlement discussions, in the hopes of na:rowing any issues that may
go to hearing.
3. The documents already provided and the continuing responses to requests for
production of documents have raised additional issues such as: Suez underlying
assumptions for projects; items not known or measurable at this time; prudency
and justification of projects included for the rate change and portions of the
MOTION FOR EXTENSION OF TIME - 3
revenue requirement; presumptions or deficiencies in underlying cost of service
analyses; rates among customer class and whether such is just, fair or reasonable;
commitments to ongoing customer relations; whether noticing of the rate case
violated civil rights; and whether any rate increase is justified.
The issues reinforced and brought forth within discovery necessitate the use of
experts and the inordinately short period of time between supplemental
production of documents during settlement and scheduled deadlines fails to
provide sufficient time for expert review by Intervenors. Without additional time,
the case becomes a settlement discussion limited to the PUC staffand Suez, and
excludes Intervenors who represent parties with a significant interest in the
outcome.
The settlement process began on February 11,2021, at which time some or all of
the parties hereto indicated a need for additional time to consider the voluminous
documentation. The schedule between settlement negotiations has been
inadequate to consider the Staff s proposal, the Company's counterproposal, as
well as additional technical matters continuing to come into the proceedings.
Logistics of the pandemic, remote work environments, as well as the tight
schedule have prevented the parties from effectively reviewing and providing
feedback on the proposals and to meaningfully participate in settlement.
Additional time before prepared testimony shall be required would enable the
parties to schedule an additional settlement conference.
MOTION FOR EXTENSION OF TIME - 4
4
5
For reasons stated above, the City and joining intervenors respectfully request the
Commission:
1. Consider this Petition for procedural relief on fewer than (la) days prior notice, pursuant
to IDAPA 3 1.01.01.256.03.
2. Grant an extension for its final decision, pursuant to I.C. S 6l-622(4) for a period of 60
days.
3. Grant relief from the forthcoming order and extend respective deadlines for prepared
testimony, rebuttal, testimony, workshop, and hearing for a period of 45 days.
MOTION FOR EXTENSION OF TIME - 5
DATED this 25th day of February 2021
Mary R.Grant
Deputy City Attorney
Joining lntervenors:
DATED this _ day of February 2021.
Ada County
Loma Jorgenson
John Cortabitarte
Deputy Prosecuting Attorneys
DATED this 25th day of February 2021
-\
Suez Water Customer Group,
Norman M. Semanko
DATED this day of February 202L
Intermountain Fair Housing Council,
Inc.,
KenNagy
Attorney at Law
DATED this day of February 2021.
Community Action Parhrership,
Brad Purdy
Attorney atLaw
DATED this _ day of February 2021
MOTION FOR EXTENSION OF TIME - 6
DATBD etu 25lh day ofFcbruarY 2021.
May R. Grant
Dcpnty City Atorucy
Ioining lutcvcnors:
DATEDthis .S*orr"r.-ro,
Iorgcason
Cortabitarb
hoscartiagAttoffiys
DATED this-&Y of FcbruarY 2021.
Suoz Wo CusbmcrGmuP,
NormmScmanko
Dquty CountyAtbmey
DATED trtu-day ofFcbruarY 2021.
Ioteraouatein Fair Housing Council"
Iuc.,
KcoNagl
Attomey at Law
DATED this-dary ofFcbnrarY 2021.
Conmunity Action PartncrshiP,
Brad Purdy
Attorlc,y at Lew
DATED ttis- daY ofFcbruarY 2(121
CITYOF BOISB'SNOTTCE OF SUBSTTTUTION OTCOIJNSEL -6
DATED this 25th day of February 2021.
Mary R Crrant
Deputy City Attomey
Joining lntervenors:
DATED this _ day of Februuy 2021
Ada County
Lorna Jorgenson
John Cortabitarte
Deputy Prosecuting Attomeys
DATED this _ day of February 2021.
Suez Water Customer Group,
Norman Semanko
Deputy County Attorney
DATED this _ day of February 2021
Intermountain Fair Housing Council,
Inc.,
Ken Nagy
Attorney at Law
DATED this _ day of February 2021.
Action
Brad Purdy
Attomey at Law
DATED this _ day of February 2021
MOTTON FOR EXTENSION OF TIME.6
Micron Technology,
Austin Rueschhoff
Thorvald Nelson,
Attorneys at Law
DATED this 25ft day of February 2021.
ttahD,r*^4
Gannon, et. al (Individuals)
Marty Durand
Attorney at Law
CERTIFICATE OF SERYICE
I hereby certiff that I have on this 26th day of February 2021, served the foregoing
documents on all parties of counsel as follows:
JanNoriyuki
Commission Secretary
Idaho Public Utilities Commission
I1331 West Chinden Boulevard
Building 8, Suite 201-A
PO Box 83720
Boise,lD 83720
i an.noriyuki@puc. idaho. gov
DavidNjuguna
Manager Regulatory Business
Suez Water Management & Services
461 From Road, Suite 400
Paramus, NJ 07052
David. nj u guna(E suez. com
Michael C. Creamer
Preston N. Carter
GTVENS PURSLEY LLP
Attorneys atLaw
POBox2720
Boise, ID 83702
mcc(a) qi venspurslev. com
prestoncarter@ givenspursley. com
tr U.S. Mailtr Personal Deliverytr Facsimileg Electronic Means w/ Consenttr Other:
tr U.S. Mailtr Personal Deliverytr Facsimileg Electronic Means w/ Consenttr Other:
tr U.S. Mailtr Personal Deliverytr Facsimileg Electronic Means w/ Consenttr Other:
MOTION FOR EXTENSION OF TIME - 7
Attorneys for Suez Water ldaho, Inc.
Matt Hunter
Dayn Hardie
Deputy Attomeys General
Idaho Public Utilities Commission
11331 West Chinden Boulevard
Building 8, Suite 201-A
PO Box 83720
Boise, lD 83720
matt.hunter@puc. idaho. eov
[e-mail]. eov
Lorna Jorgensen
John Cortabitarte
Ada County Prosecuting Afforney's Office
Civil Division
200 W. Front Sheet, Room 3191
Boise, lD 83702
civilpafi [e-mail]
Attorneys for Ada County
Norman M. Semanko
PARSONS BEHLE & LATIMER
800 West Main Street Suite 1300
Boise,ID 83702
nsemanko (@parsonsbehle. com
boisedocket@parsonsbehle. com
for the SUEZ Water Customer Group
("swcc")
Marty Durand
PIOTROWSKI DURAND PLLC
1020 Main Street Suite 440
PO Box 2864
Boise,ID 83701
martv@,idunionlaw. com
for citizen Intervenors, Gannon, Montero,
Graziano, and Philp
Brad Purdy
Attorney at Law
2019 North 176 Street
Boise, lD 83702
[e-mail]
for Community Action Partnership
Association of ldaho ("CAPAI")
Ken Nagy
Attorney atLaw
PO Box 164
Lewiston,ID 83501
tr U.S. Mailtr Personal Deliverytr Facsimileg Electronic Means w/ Consenttr Other:
tr U.S. Mailtr Personal Deliverytr Facsimileg Electronic Means w/ Consenttr Other:
tr U.S. Mailtr Personal Deliverytr Facsimileg Electronic Means w/ Consenttr Other:
tr U.S. Mailtr Personal Deliverytr FacsimileV Electronic Means w/ Consenttr Other:
tr U.S. Mailtr Personal Deliverytr Facsimileg Electronic Means w/ Consenttr Other:
tr U.S. Mailtr Personal Deliverytr Facsimileg Electronic Means w/ Consent
MOTION FOR EXTENSION OF TIME - 8
[e-mail]
for the Intermountain Fair Housing
Council ("IFHC")
tr Other:
Austin Rueschhoff
Thorvald A. Nelson
HOLLAND & HART LLP
555 17ft Street Suite 3200
Denvor, CO 80202
darueschho ff@hollandhart. com
tnelson@hollandhart. com
[e-mail]
gl gareanoamari@ hollandhart. com
for Micron Technologt, Inc.
Jim Swier
Greg Harwood
Micron Technology, Inc.
8000 South Federal Way
Boise,lD 83707
[e-mail]
[e-mail]
tr U.S. MailO Personal Deliverytr Facsimileg Electonic Means w/ Consenttr Other:
tr U.S. Mailtr Personal Deliverytr Facsimileg Electronic Means w/ Consenttr Other:
Mary R. Grant
Deputy City Attomey
MOTION FOR EXTENSION OF TIME - 9