20210428Settlement Agreement.pdf

DAVID H. LEROY
AttomeyAt t aw
802 West Bannock Steet, Suite 201
Boise,Idaho 83702
Telephone: [phone]
Facsimile: Q08) 3 424200
Idatro State BarNo. 1359
Attorney for Western Aircraft, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
WESTERN AIRCRAFT, NC,Case No. SUZ-W-21-01
Complainant,
vs
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)
)
)
)
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)
)
)
)
)
SETTLEMENT AGREEMENT
AND MOTION TO APPROVE
SETTLEMENT AGREEMENT
SUEZ WATER IDAHO, INC,
Respondent.
This Settlement Agreement ("Settlement Agreement" or "Agreement") is entered into
by and among SUEZ Water Idaho Inc., ("SUEZ'), Staff for the Idaho Public Utilities
Commission Staff("Staff), and Western Aircraft, lnc. ("Western Aircraft"), collectively the
"Parties" and individually "Party. "
INTRODUCTION AND MOTION
l. The terms and conditions of this Settlement Agreement are set forth below.
The Parties agree that this Stipulation represents a reasonable compromise of the issues
raised in this proceeding. The Parties seek to obtain Commission approval of the Settlement
Agreement as a condition precedent to the Agreement's effectiveness. The Parties, therefore,
jointlymove the Idaho Public Utilities Commission ("Commission") for an order approving
SETTLEMENT AGREEMENT . 1
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the Settlement Agreement without change or condition. See Rules 271,272 and274 (IDAPA
3 1.01.01 .27 l, 272, and 27 4).
BACKGROUND
2. On January 28,2021, Westem Aircraft filed the formal complaint
("Complaint") that initiated this proceeding. The Complaint requested, among other things,
that the Commission order SUEZ to provide water service to Western Aircraft's hangar
expansion project on the prernises of the Boise Airport.
3. On February 24,2021, SUEZ filed its Answer, which, among other things,
denied certain allegations and requested that the formal complaint be denied.
4. On April 7,2021, the Commission issued a Notice of Modified Procedure,
which established a procedural schedule to process the proceeding.
5. On April 7,2021, the Parties and Staffheld a settlerne,nt conference to discuss
resolution ofthe issues. While the contents of the conference are confidential, the Parties
represe,nt that the settlement confere,nce involved a detailed and robust discussion of possible
resolutions to the issues involved in this proceeding. During the settlement conference and in
continuing discussions afterwards, as a compromise of positions in this case and other
consideration as set forttr below, the Parties agreed to seek to compromise via terms of a written
Settlement Agreement. The Parties now agree to the terms of this Settlement Agreement as
follows:
6. Western Aircraft elects to not construct the walkwayl at this time, reserving
that option for later corporate consideration.
I The term "walkway," as used in this Settlement Agreement, refers to the covered walkway, also referred to as
a "covered breezeway," identified in Western Aircraft's Complaint and SUEZ's Answer in this proceeding.
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a. If Western Aircraft chooses to construct the walkway at a later date, Western
Aircraft will provide notice of this decision to SUEZ and Commission Staff at least ninety
(90) days before construction begins. The Parties agree to discuss, in good faith, options
for constructing the walkway that comply with all applicable rules and regulations that
allow SUEZ to access its water system for, among other things, repair and maintenance.
Western Aircraft shall not commence construction of the walkway without the SUEZ's
written consent. Said consent shall not be unreasonably withheld. The water service
provided pursuant to this Agreement may be terminated if Western Aircraft constructs the
walkway without SUEZ's written consent, or without a subsequent Commission order
authorizing construction of the walkway.
7. Westem Aircraft proposes that SUEZ will connect Hangar 0 for domestic water
service and fire needs per the plans provided to SUEZ by T-O Engineers on April 22,202I,
after revision and approval by SUEZ to ensure conformance to IDEQ requirements.
8. As a condition precedent to receiving water service pursuant to paragraph 7,
Western Aircraft shall:
a. Conform the northern area sewer line crossing location to IDEQ
separation standards at Western Aircraft's cost.
b. Inspect the South sewer line connection's separation to confirm its
placernent and, if needed, also conform that to IDEQ standards at Westem
Aircraft's cost.
c. Install an approved backflow device on the fire tank supply line at
Western Aircraft 's cost.
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d. SUEZ will work with Western Air in good faith to promptly resolve any
issues which arise in planning, inspecting and approving construction to
IDEQ standards or in installing the backflow device.
9. Upon signing this Agreement, SUEZ shall commence the preparations necessary
to implement the connection to domestic service so that water service to the facility can be
promptly provided after Commission approval and upon the completion, and confirmation by
SUEZ, of the activities described in paragraphs 7 and 8.
10. As soon as possible after the Commission's approval of this Agreement without
material changes or conditions, and upon SUEZ's confirmation that the construction
described in paragraph 9 above has been completed, SUEZ agrees to provide water service to
the newly constructed facility identified as Hangar 0, with a target date of May 15,2021.
11. Upon the approval of this Settlement Agreernent by the Commission without
change or condition, Western Aircraft shall dismiss the Complaint.
12. Each Party will be responsible for its own fees and costs associated with this
proceeding. This Agreement may be executed in counterparts and each signed counterpart
shall constitute an original document. This Agreement provides final resolution of all
claims between the Parties that were brought, or that could have been brought, in the
Complaint.
REQUEST FOR RELIEF
The Parties respectfully request that the Commission enter an Order approving the
Settlement without material change or condition.
Respectfully submitted:
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Dated April,2021
Dated April,202l
Dated: April ,2021
SETTLEMENT AGREEMENT . 5
l56l2B4_6.docr
WESTERN , D.lC.
By: David H. Leroy,
lnc.
for Western Aircraft,
SUEZ WATER IDAHO INC.
21 6.zx-
By Preston N. Cartcr
Blake W. Ringer
Attorneys for SUEZ Water ldaho, Inc.
IDAHO s coMMrss
J Hammond, Jr., Deputy Attorney Generol
F
CERTIFICATE OF SERVICE
I certiff that on April 28,2021, a true and correct copy of the foregoing was served
upon all parties of record in this proceeding via electronic mail as indicated below:
Jan Noriyuki, Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg. 8, Ste. 201-A
Boise, ID 83714
i an.noriyuki @puc. idaho. sov
John Hammond
Deputy Attorney General
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg. 8, Ste. 201-A
Boise, ID 83714
i ohn.hammond@puc. idaho. gov
David H. Leroy
Attorney at Law
802 West Bannock Street, Suite 201
Boise, ID 83702
[e-mail]
,,a--t-
Preston N. Carter
SBrn nMsNT AcREElrrENr - 6