20210322Motion for Leave to Withdrawal.pdf

Marty Durand
PIOTROWSKI DURAND PLLC
P.O. Box 2864
1020 Main Street Suite 440
Boise,Idaho 83701
(208) 331-e200
(208) 863-8se1
[e-mail]
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Attorney for Intervenors Gannon, et al.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF SUEZ WATER
IDAHO INC'S APPPLICATION FOR
AUTHORITY TO INCREASE ITS
RATES AND CHARGES FOR WATER
SERVICE IN IDAHO
CaseNo. SUZ-W-20-02
MOTION FOR LEAVE TO WTTHDRAW
Intervenors Gatmon, Montero, Graziano and Philip ("Bench Intervenors"), by and
through their attorney of record Marty Durand, hereby move the Commission for leave to
withdraw as parties in the above-entitled action. This motion is made pursuant to Idaho PUC
Rule 45.
Bench Intervenors sought greater transparency from Suez and intervened to obtain a plan
for resolution of brown water quality issues on the Boise Bench and to oppose the rate increase
so long as water quality is substandard compared to other ratepayers. Their concerns regarding a
water quality plan have been compromised by a Memorandum of Understanding (attached hereto
as Exhibit 501) wherein Staff has agreed to investigate and evaluate several aspects of Bench
water issues and work with intervenors to en$ue timely progress particularly with regard to the
Taggart Street Well rehabilitation. Other transparency concems were addressed in the
Stipulation and Settlement (p. 12, t.[ 9). With regard to the rate increase, Bench Intervenors have
l. Motion for Leave to Withdraw
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elected to withdraw and to present public testimony at the public hearing in this case rather than
enter into an agree,rneirt with other parties.
Intervenors reserye the right to apply for intervenor funding pursuant to Idaho PUC Rule
161.
Bench Intervenors therefore ask the Commission for leave to withdraw as parties.
DATED this 22"d dayof March, 2021.
/s/ Martv Durand
MARTY DT]RAND
2. Motion for Leave to Withdraw
CERTIFICATE OF SERVICE
I hereby certify that on the}Z"d day of March,2}zl,lserved the foregoing documents on
all parties as follows:
Jan Noriyuki, PUC Secretary secretary(a)puc.idaho.eov
Michael C. Creamer, Afforney for Suez mcc(ZDqivenspurslev.com
Preston Carter, Attorney for Suez [e-mail]
David Njuguna, Suez Regulatory Manager david.njuquna(Esuez.com
Dayn Hardie, DAG [e-mail]
Matt Hunter, DAG [e-mail]
Lorna K Jorgenson, Attorney for Ada County civilpafiles(@adaweb.net
John C Cortabitarte, Attorney for Ada County civilpafiles(@adaweb.net
Scott Muir, Attorney for City of Boise [e-mail]
Mary Grant, City of Boise boisecityattorney(@cityofboise.ore
Norman Semanko, Attorney for Customer Groups nsemanko (a)parsonsbehle. com
Brady Purdy, Attorney for CAPAI bmpurdy(@hotmail.com
KenNagy, Attorney for IFHC knagv(Dlewiston.com
Zoe AwtOlson, Attorney for IHFC zolson(@,ihfcidaho.org
Jim Swier, Attorney for Micron jswier(Emicron.com
Greg Harwood, Aftorney for Micron gbharwood(@micron.com
Austin RAustin Rueschhoff , Attorney for Micron darueschhoff(Dhollandhart.com
Thorvald Nelson, Attorney for Micron tnelson(a),hollandhart.com
/s/ Martv Durand
MARTY DURAND
3. Motion for Leave to Withdraw
By
STAFF AND BENCH CUSTOMERS' MEMORANDUM OF UNDERSTANDING
John Gannon, Stephanie Montero, and Karoline Philip ("Bench Customers') intervened
in the Idaho Public Utilities Commission ('PUe) Case No. SUZ-W-20-02 filed by Suez Water
Idaho Inc. ('Suez"). The Bench Customers elected to rvithdrarv their Petition to Intervene in
exchange for this Memorandun of Understanding ("MOU") between Staffof the Idaho Public
Utilities Commission ("Staff') and the Bench Customers. This MOU is not a contract, but
rcpresents Stafls intent to work in good faith with the Bench Customers and Suez to address
concems about water quality on the Boise Bench.
BACKGROUND
Settlement discussions were held with all paflies including the Bench Custonrers and
Commission Stafff'Staff')-in Case No. SUZ-W-20-02 on February I1,25 and March 3 and 8,
2021. While settlement discussions and negotiations are confidential, the normal responsibilities
of Cornmission Staff, and any agreements resulting f'rom those discussions are not.
During discovery in Case No. SUZ-W-20-02- production requests and responses included
numerous questions and answers regarding water quality on the Boise Bench.
Staffhas authority to investigate water quality complaints, utility customer service, and
investments in utility operations and maintenance.
As a result of Suez town hall meetings, production requests and responses Terri Carlosk,
Adrninistrator of the PUC Stafl set up a Stafftask force and directed StatTrnembers to further
investigate water quality concems and actions taken by Suez to address lhose concems.
The Bench Customers elected to withdraw from Case No. S[IZ-W-20-02 bccausc Staff
s'ill continue to investigate the rvater quality issues on thc Boise Bench. This MOU sets tbrth
the parties' understanding.
MEMORANDUM OF UNDERSTANDTNG
I. Areas Covercd: Staffand Bench Customers met on March 12,2A2l to discuss
Staffs intent to track, investigate. monitor. evaluate. and provide a monthly revierv of the
progrcss and comments that Suez has made torvard irnproving the quality of drinking water on
the Boise Bench, This includes the area between Vista Avenue and Roosevelt Street and the area
West of the Monis Hill Cemetery including hut not lirnited to Albion Street South to the Rim
Strcetl areas in the vicinity of Brrradrvay Avenue in which there are complaints; and such other
BENCH CUSTOMERS AND S'I AFF'S MEMORANDUM OF IJNDERS] ANDING Exhibit
1
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areas in rvhich signiticant Boise Bench contplaints regarding the quality of drinking \f,'ater are
brought to the attention of Commission Stat'f'
2. StaffTask Force: The Sraff'l'ask Force ("Task Force") plans to continue StafIs
investigation on water quality issues for Suez customers. With the revcnue requirement
settlement completed belween Suea Staff, and many Inlerveuors, it will allow this Task Force to
remain a priority tbr future stafT involvement'
3. StaffTask Force Evaluation to Includc:
A. An ongoing review of Suez's plans to address water qualiB", including
chzurges to thesc plans, acceloration or delays in the timing of improrements,
customer communications, and investments ntade-
B. A revierv and consideration of remedies tbr service lines which abruptly end
and result in the accumulation of rust and debris for custonrcrs served by those
lincs.
C. A review and consideratiorr of remedies tbr aging pipes. corrective actions.
expected lifespan, and the tinreline for their replacement.
D. A review of flushing plans, the effectiveness of fluslting events, and any
chagges to the ongoing llushing plan. Request an analysis of the el'tect that
flus[ing twice a year has on appliances. water hcalcrs, filter systems and other
personal property in the home or business.
4. Taggart Street Well: Staff plans to monitor. track. and investigate progress on the
'l'aggert Sgeet Well ("Taggart Well") rehabilitation to ensure the proiect is implemented in
accordance with the plans and designs approved b1' rhe ldaho Department of Environmental
Quality ("DEQ"). Staffrecognizes that Boise City approv'cd the construction in September 2020
and DEQ approved the plans and designs on March 2.2021. Smflplans to monitor Suez's
compliance with a timeline that provides lbr work lo cotnmence in rnid-September 2021I and be
rThe Bench Cusrorncrs understand that rvell rehabilitatron cannot happcn norv because of the upcoming high-water
usage demands which the Taggart Wcll must service,
BENCH CUSTOMERS AND STAFF'S MEMORANDUM OII UNDFRSTANDINC
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comp:eted by December 2021.1 Stall'acknorvledges the Bench Customers' conrention and
evidence that repair of the Taggart Well has been ongoing and, to date, is unresolved.
5. Report to Bench Customerr: StatTplans to provide a Task Force summary report
each month beginning April 15. 2021, on the tracking. investigation, and evaluations represented
above in this MOU to the Bench Customers. Staffrvould providc this intbrmation b1'emailing to
the following addresses:
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Statf s sunrmary report and olher public inforrnation is available upon request to the
Bench Customers and the public. unless the record is exccpted tiom disclosure under the ldaho
Public Records Act or Rules of Procedure o[the ldaho Public Utilities Cornmissiort (IDAPA
3 1.01.01.000 through .356).
6. Customcr Complaints: Suez Cllstomers should conmct Suez [phone]
with any complaints. If the results are unsatisFactory. customers nla)i cornplain to tlte PUC by
calling [phone] or going to lttlp.:ripUq,!-dg}0,9g.1;j:lryln,l(A5SfU'11-qrlts'rlittNc.
StatT intends to track those contacts and the data provided by Suez euslonle r complaints. and any
information and data provided at the public hearing in the Suez rate case.
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This ltlOU and its contenls may be made public. Each signatory belov' acknowledges that
they are authorized to sign this MOU on behalf oflthcmsch'cs individually or the StafTof the
PTJC.
Dated this l5'h dav of March. 2021 .
I Unless Suez can shorv "good cause" for deviation frorn this timeline
BENCH CUSTOJ\,IERS AND S]'AFF'S MEMORANDUM OF UNDERSTANDING
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CANNON
KAROLINE PHILP
By J r,,,rl, [,*t"ch
TERRI CARLOCK
Utilities Division Administrator
Idaho Public ljtilities Commission
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BENCH CUSTOMERS AND STAFF'S MEMORANDUM OF I.JNDERSTANDING