20201112Petition to Intervene.pdf

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KEN NAGY (I.S.B. No. 6176)
ATTORNEY AT LAW
P.O. Box 164
Lewiston, Idaho 83501
Telephone: [phone]
Facsimile: (888) 291 -3832
E-mail: [e-mail]
ATTORNEY FOR INTERVENOR
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF STJEZ WATER
IDAHO INC.'S APPLICATION FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR WATER SERVICE
IN IDAHO
CASE NO. SUZ-W-20-02
PETMION FOR LEAVE TO INTERVENE
COMES NOW, the Intermountain Fair Housing Council, Inc. (hereinafter "[FHC"), &nd
hereby petitions the Idaho Public Utilities Commission (hereinafter "Commission") for leave to
intervene in the above-entitled proceeding and to appear and participate as apafiy pursuant to:
(1) Rules 7l through 73 of the Rules of Procedure of the Idaho Public Utility Commission
(IDAPA 31.01.01.71 - 31.01.0.73); (2) the SUEZ Water Idaho Inc. Application for Authority to
Increase its Rates and Charges for Water Service in Idaho, and Notice of Application filed on
October 21,2020; and (3) Notice of Application, Suspension of Proposed Effective Date, Notice
of [ntervention Deadline, OrderNo.34819, filed on October 2I,2020.
PETITION FOR LEAVE
TO INTERVENE
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As a basis for this Petition, IFHC states and alleges as follows:
l. The name and address of the intervenor is: Intermountain Fair Housing Council, Inc.,
4696 West Overland Road, Suite 140, Boise, Idaho 83705.
2. Copies of all pleadings, production requests, production responses, Commission
orders and other documents should be provided to IFHC at: Ken Nugy, Attorney at Law, P.O.
Box 164, Lewiston, Idaho 83501.
3. IFHC is a private, nonprofit organization organized under the laws of the State of
Idaho. Its mission is to ensure open and inclusive housing for all people, and to advance equal
access to housing for all persons without regard to race, color, sex, religion, national origin,
familial status, sexual orientation, gender identity, source of income, or disability. IFHC
attempts to eradicate discrimination based on the above-listed statuses, which are protected under
the federal Fair Housing Act, 42 U.S.C. $3601 et seq. (hereinafter'.FHA"), and other laws and
regulations which prohibit housing discrimination. IFHC conducts education on the fair housing
laws, housing information and referrals, housing counseling, and assistance with mediating and
or filing complaints. IFHC also provides education and outreach on fair housing laws and
practices to housing consumers, providers, and others.
4. IFHC has reviewed available information regarding the matters at issue in this
proceeding and has determined that the rate increase proposed by Suez Water Idaho tnc.
(hereinafter "suez") will likely constitute a disparate impact upon ratepayers in violation of the
FHA and other laws and regulations which prohibit housing discrimination.
5. Furthermore, IFHC has determined that the failure or refusal of Suez to provide
adequate notices to the public in languages commonly spoken in Suez's service area regarding
PETITION FOR LEAVE
TO INTERVENE
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the matters at issue in this proceeding likely constitutes disparate treatment in violation of the
FHA and other laws and regulations whichprohibit housing discrimination. Non-English-
speaking ratepayers have thereby been denied a meaningful opportunity to understand and
respond to the matters at issue in this proceeding and to provide input to the Commission.
6. Granting intervention to IFHC in this proceeding would enable IFHC to have a
material impact on the maffers at issue in this proceeding and would allow it to provide further
input on the possible violations of the FHA and other laws and regulations which prohibit
housing discrimination that will result in the event that the proposed rate increase is approved.
If permitted to intervene, IFHC will participate in the proceedings and appear in all matters as
may be necessary and appropriate, present evidence, call and examine witnesses, present
argument, and otherwise fully participate in these proceedings.
7. Granting intervention to IFHC will not unduly broaden the matters at issue in this
proceeding, will not prejudice any party to this case, and could result in the avoidance of
irreparable harm to ratepayers.
8. In the event that intervention is granted, IFHC intends to fully participate in this
matter as a party. The nature and quality of IFHC's intervention in this proceeding is dependent
upon the nature and effect of other evidence in this proceeding. IFHC requests that the
Commission issue a timely order granting this Petition following the seven-day opposition period
set forth in IDAPA 31.01.01.075. IFHC also reserves its right to file for intervenor funding,
depending upon the amount of time and resources involved in this matter pursuant to IDAPA 31-
01.01.161-165.
PETITION FOR LEAVE
TO INTERVENE
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WHEREFORE, IFHC prays that the Commission grant to it the relief sought in this
Petition and permit it to intervene as a party to this proceeding'
DATED*r 2lst dayof November 2020.
Ken Nagy Digitally rigEd by X.n Nagy
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KEN NAGY
Attorney for IFHC
CERTIFICATE OF SERVICE
I hereby certify that on th" 2 1"t day of November 2020,1 caused to be
served a full, true, and accurate copy of the foregoing by the method/s indicated below, and
addressed to the following:
JanNoriyuki
Commission Secretary
Idaho Public Utilities Commission
11331W. ChindenBlvd.
Building 8, Suite 201-A
P.O. Box 83720
Boise,ID 83720
[ ] Bv U.S. Mail
I x] By Email to: [e-mail]
David Njuguna
Suez Water Management & Services
461 From Rd., Suite 400
Paramus, N.J. 07052
[ ] Bv U.S. Mail
Ix] By Email to: [e-mail]
Michael C. Creamer
Preston N. Carter
Givens Pursley LLP
Attorneys at Law
601 W. Bannock St.
Boise, lD 83702
[ ] BvU.S. Mail
Ix] By Email to: [e-mail]
and prestonc arter@ givenspursley. com
PETITION FOR LEAVE
TO INTERVENE
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Dayn Hardie
Deputy Attomey General
Idaho Public Utilities Commission
11331 W. ChindenBlvd.
Building 8, Suite 201-A
P.O. Box 83720
Boise, lD 83720
[ ] Bv U.S. Mail
[ { BV Email to: [e-mail]
Lorna Jorgensen
John Cortabitarte
Ada County Prosecuting Attorney's Office
Civil Division
200 W. Front St., Room 3191
Boise, ID 83702
[ ] Bv U.S. Mail
I x] ny Email to: civilpaf,[e-mail]
Ken Nagy Digitally slgned by X€n Nagy
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Ken Nagy
PETITION FOR LEAVE
TO INTERVENE
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