20201110Petition to Intervene.pdf

Marty Durand
PIOTROWSKI DURAND PLLC
P.O. Box 2864
1020 Main Steet Suite 440
Boise,Idaho 8370I
(208) 331-e200
(208) 863-8s91
[e-mail]
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Attorney for Intervenors
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
SUEZ WATER INC'S APPPLICATION FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR WATER SERVICE IN
IDAHO CASE NO. SUZ-W-20-02
PETTTION TO INTERVENE
The Petitioners named below, hereinafter referred to as "Intervenors" hereby petition the
Commission to intervene and to participate as a party pursuant to the Commission Rules of
Procedure, IDAPA 3 I .01 .01 .071 -073 and the Notice of Right to Intervene issued on October 2 I ,
2020.
l. Petitioners Interest
Petitioners are presently users of drinking water systems provided by Suez which is
subject to regulation by this Commission. Petitioners will be directly affected by any
Commission action taken regarding the rates for such drinking water that are set by this
Commission.
PETITION TO INTERVENE Page 1
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2. Issues ofConcern
Petitioners have a unique and identifiable interest in this proposed rate increase in that the
service they have received and are receiving is substandard and include delivery from time to
time of rusty brown colored water which is unsatisfactory for drinking and washing. Thus, there
should be no rate increase until these issues have been addressed, and in fact there should be a
rate decrease for petitioners and persons living in the affected area. Petitioners have the
following specific concerns :
1. Suez has been honest and responsive in identiffing the need for significant
rehabilitation and improvements in the aging, rusting system in older Boise
neighborhoods. Employees have been sympathetic and courteous. Neighbors generally
have no problem with customer relations but Suez personnel have a huge problem that
must be dealt with by Company administrators: The system is failing and needs
expensive investment. Unfortunately, the problems continue after almost 2 years of
meetings and many years of complaints. The first meeting took place in early February
2019.
2. Intervenors propose to present evidence to support the deteriorating system. For
example the KBOI television news story attached as Exhibit 1 discusses a major problem
identified by Suez to be a malfunctioning well on Taggart Street. This well was supposed
to be fixed by the "end of 2O2O- as per Exhibit 1, but this has not happened. lntervenors
will advocate that a firm, unalterable time to perform this repair be a part of any decision
and that until such repair is made rates for the affected residents should not be increased,
but instead should be reduced and that reduction should be reimbursed for the last 2
PETITION TO INTERVENE PageZ
years. Intervenors wish to discuss other repairs that are needed. The bottom line is that
there must be a plan before a rate increase is justified.
3. lntervenors wish to present evidence of the poorly functioning system which justifies
their position that a rate reduction is more appropriate than a rate increase.
A. For example, John Gannon is a longtime resident of the area and can
present evidence of how the unpredictable occasional appearance of the brown water is
disruptive and how it stains the bathtub area. As a legislator for the area, Gannon
regularly hears concerns and problems that occur and has regularly attended meetings
regarding the issue.
B' For example, Stephanie Montero resides in the Shoshone Sheet area near
the New York Canal which is reputedly served by the Taggart Well and she will present
videos she made of flushing and the tremendous amount of material that was flushed,
what she was told, and the costs she has incurred. She believes a rate reduction is
justified, if anything.
C' For example, Intervenor Kyme Graziano resides near Roosevelt and
Emerald Street in a different area reputedly served by a different well and she is very
familiar with the brown water issues in her neighborhood, expenses for filters and
problems that the substandard water creates for her home. She believes a rate reduction
is required, if anything.
D. For example, Intervenor Karoline Philip has lived in the area for many
years and she will explain how the system has deteriorated and the expenses she has for
water filters.
PETITION TO INTERVENE Page 3
E. Intervenors propose to call other residents who will present evidence
regarding the expense for filtering systems, bottled water and damage to household items
as well as being intemrpted and inconvenienced when brown water suddenly appears. A
rate reduction, not a rate increase should occur.
F. Flushing twice a year has been helpful, but it is not a solution and a plan
needs to be implemented for the extensive future work that needs to happen if any rate
increase is to be considered.
G. The Suez petition represents in its filings that more than a 100 million was
invested in new areas, particularly Norttrwest Boise, an investrnent is being made in a
new metering system, and other expenditures, and Intervenors contend there needs to be a
plan and expenditure of investment in the older parts of Boise, and particularly the Boise
Bench as a higher PrioritY.
ln sum, Intervenors plan to present evidence of the need for an extensive upgrade and
rehabilitation of the system; that focusing on the older parts of Boise needs to happen; and that a
plan needs to be implemented and that no increase in rates should occur until this happens.
Instead, if anything, there should be a decrease in rates in those areas where there is substandard
servlce.
3. Names and Addresses of the Intervenors
John Gannon
Stephanie Montero
Kyme Graziano
Karoline Philp
I 104 Johnson Street Boise, Idaho 83705
2715 Shoshone Street Boise, Idaho 83705
4204Derfion Street Boise, Idaho 83706
3404 Catalna Road Boise, Idaho 83705
PETITION TO INTERVENE Page 4
4. Attorney
Marty Durand, Piotrowski Durand PLLC, will represent Intervenors. Her contact
information is: P.O.Box 28641020 Main Street Suite 440 Boise, Idaho 83701 20g-331-gz}O
mart)r(Eidunionlaw. com
5. Intervenors Requests
These intervenors would not be able to participate and bring their concerns to this
proceeding without the opportunity to intervene. The only other intervenor is more concemed
with the general rate increase while these intervenors are concerned about how the present rate as
well as future rate will impact actual service which they contend is substandard. These
intervenors understand there is a cost to rehabilitate the aging, failing water delivery system and
present the view that there should be a rate reduction until such work is completed and any rate
increases should be applied to this need with a firm plan.
In the event intervention is granted, Petitioners reserve the right to apply for intervenor
funding pursuant to RP 16l-165.
WHEREFORE, Intervenors respectfully ask the Commission to grant their petition to
Intervene in this proceeding pursuant to the Rules of the Idaho Public Utilities Commission.
Dated this 106 day ofNovember, 2020
MARTY DURAND
PETITION TO INTERVENE Page 5
CERTIFICATE OF SERVICE
I hereby certify that on the 106 day of November z}z},lserved the foregoing documents
on all parties as follows:
Michael c. creamer, Attorney for suez [e-mail]
Preston Carter, Attorney for Suez prestoncarter(Esivenspurslev'com
DavidNjuguna,suezRegulatoryManager david.njuguna@)suez.com
Lorna K Jorgenson, Ada County [e-mail]
John C Cortabitarte, Ada County civilpafiles@adaweb'net
Jan Noriyuki, PUC secretary [e-mail]
Dayn Hardie, DAG dayn.hardiefa)puc.idaho.eov
Matt Hunter, DAG matt.hunter(Epuc.idaho.gov
Abagail Germaine, city of Boise asermaine(acityofboise.org
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MARTY DURAND
PETITION TO INTERVENE Page 6
= A2 tdahoNews @
11t9t2020 SUEZ \fial"r pushes forward timeline on Boise Bsrrch uato, solulions I KBOI
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SUEZ Water pushes foruald timeline on Bolse Bench water solutions
by Haley Sguiers
Wednesday, November t 3th 2019 ^A
Testillq on the tnuknals rtt ths new ltlter wll begitt ur o couple da.ys (SUEZ Warcr video snctpsho0<p>{/p}
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BOISE, ldaho (CBS 2) - SUEZ Waters original plan to fix the murky water on the Boase Bench
was to get a filter on the troublesome Taggart Well, but not until next year.
That timeline is not in place anymore
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11t9f2024 SUEZ Watsr pushes forward timeline on Boise Eench water solutons I KBOI
discolore d wste#.r in th^-e hotspots of the Bench
urgen4; behind it," said suEzly and put
Water's Ad mi nistrative Coordinator,ne ller.'And, we agree."
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"All of those PiPe
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Testing on the materials in this new filter will begin in a couple days.
,,We feel pretty confident looking at the testing results. looking at our call data, talking to
residents that really tackling the well issue and the water quality issues coming from the well is
our best bet," Kreller said.
SUEZ water have hired a consultant that will build two different prototype filters. One will have
a material catled green sand the other will have pyrolusite to see which will work best.
,,The media that,s in lthereJ, it grabs onto that manganese and to the iron, even just a little bit,
grabs it and stops it from going out into the distribution system," Kreller said.
SUEZ Water says they are also working to get old, water mains replaced'
line proiects are in desig so we're hoping to have five of those completed
A decision with the filter system is expected to be made at the beginning of the new year. And,
SUEZ Water say they hope to have the filtration system built and ready to go by the end of
2A20.
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hUgs://idahonavs.corr/nors/local/6uez-$raler-pushes-fonuar&timeltneontoise'bench-wetsr-soluliorB ztv