20221031Petition to Intervene.pdf

ii[ilEIVED
:il?? 0[T 3l Pl{ lr: t+2JAI\T M. BENNETTS
ADA COUNTY PROSECUTING ATTORNEY
LORNA K. JORGENSEN
MEG WADDEL
Deputy Prosecuting Attorneys
Civil Division
200 W. Front Street, Room 3l9l
Boise,ID 83702
Telephone: [phone]
Facsimile: (208) 287 -77 19
ISB Nos. 6362 & I1288
Email: civi lpafi les@adacounty. id. gov
Attorneys for Intervenor Ada County
-. tnt tnl',i ,'il:U i''r,DLltJ
: i ii ii :[;-i CCL{MISSION
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. YEO-W-22-02IN THE MATTER OF APPLICATION OF
VEOLIA WATER IDAHO, INC. FOR
AUTHORITY TO TNCREASE ITS RATES AND
CHARGES FOR WATER SERVICE TN THE
STATE OF IDAHO
ADA COUNTY,S PETITION
FOR LEAVE TO INTERVENE
COMES NOW, Ada County, pursuant to Rules 72 through 73 of the Rules of Procedure
of the Idaho Public Utility Commission (IDAPA 31.01.01.72-73), and pursuant to that Application
filed on September 30, 2022, and Notice of Application, Notice of Suspension of Proposed
Effective Date and Notice of Intervention Deadline, Order No. 35569 filed on October 20,2022,
hereby petitions the Commission for leave to intervene herein and to appear and participate as a
party, and as basis therefore states as follows:
l. The name and address of this Intervenor is:
Ada County
200 W. Front Street
Boise, lD 83702
ADA COUNTY'S PETITION FOR LEAVE TO INTERVENE- PAGE I
2. Copies of all pleadings, production requests, production responses, Commission
orders and other documents should be provided to Loma Jorgensen and Meg Waddel at:
Ada County Prosecuting Attorney's Office
CivilDivision
200 W. Front Street, Room 3l9l
Boise,lD 83702
Telephone: [phone]
Facsimile: (208) 287 -77 19
Email: civi lpafi les@adacount),.id. gov
In the interest of reducing costs to all parties, please provide hard copies of pleadings, testimony,
and briefs only. All other production requests, responses, notices, Commission orders, and other
filings may be submitted via electronic mail in accordance with Rule 63 of the Rules of Procedure
of the Idaho Public Utility Commission (IDAPA 31.01.01.063).
3. Ada County is a duly formed and existing county pursuant to the laws and Constitution
ofthe State of Idaho.
4. Ada County has a direct and substantial interest in this matter as Ada County owns
and operates a number of buildings in Ada County which depend on Veolia water. As stewards of
taxpayers' dollars, Ada County has an obligation to ensure that rates the County is paying for the
water are fair and equitable. Ada County also has a strong interest in ensuring that growth pays for
itself, that the citizens of Ada County are not subsidizing growth through increased rates, that
salaries and benefits of Veolia employees are not excessive in comparison to the salaries and
benefits of ratepayers, and that ratepayers are not responsible for the company's bad debt. The
outcome of this proceeding potentially affects the ability of Ada County and average citizens to
pay for water, a critical public asset.
5. Without the opportunity to intervene herein, Ada County would be without any
means of participation in this proceeding which may have a negative impact the ability of Ada
ADA COLiNTY'S PETITION FOR LEAVE TO TNTERVENE- PAGE 2
County citizens to have access to affordable water offered by Veolia Water Idaho, Inc. [f allowed
to intervene, Ada County will provide written comments and otherwise fully participate in these
proceedings. In addition, should it be necessary, Ada County will appear in all matters as may be
required and appropriate, present evidence, call and examine witnesses, and present argument.
6. Granting Ada County's petition to intervene will not unduly broaden the issues, nor
will it prejudice any pafty to this case.
7. Ada County intends to fully participate in this matter as a pafty. The nature and
quality of Ada County's intervention in this proceeding is dependent upon the nature and effect of
other evidence in this proceeding. Ada County requests that the Commission issue a timely order
granting or denying this Petition for Leave to Intervene following the seven-day opposition period
set forth in IDAPA 31.01.01.075. Ada County also reserves its right to file for intervenor funding,
depending upon the amount of time and resources involved in this matter pursuant to IDAPA 3l-
0l .01 .l6l - 165.
WHEREFORE, Ada County, respectfully requests that this Commission grant this
Petition for Leave to Intervene.
DATED this 3lst day of October 2022.
JAN M. BENIYETTS
Ada County Prosecuting Attomey
By lfar,l/e
Meg Waddel
Deputy Prosecuting Attomey
ADA COLINTY'S PETITION FOR LEAVE TO TNTERVENE- PAGE 3
CERTIT'ICATE OF SERVICE
I hereby certiff that on the 31't day of October2022, I served the foregoing documents on
all parties as follows:
Preston N. Carter
Morgan D. Goodin
Veolia Water Idaho, Inc.
Givens Pursley LLP
601 W. Bannock St.
Boise,Idaho 83702
prestoncarter@ givenspursley.com
morgan goodin@ givenspursley.com
Jan Noriyuki
Commission Secretary
Idaho Public Utilities Commission
ll33l W. ChindenBlvd., Bldg.8, Ste.20lA
Boise, tD 83714
secretary@nuc. idaho. gov
David Njuguna
Manager- Regulatory Business
Veolia Water M&S (Paramus), [nc.
461 From Road, Suite 400
Paramus, NJ 07052
dav id.niusuna@.veol ia.com
X U.S. Mailtr Personal Deliverytr FacsimileX Electronic Means il Consenttr Other:
tr U.S. Mailtr Personal Deliverytr FacsimileX Electronic Means w/ Consenttr Other:
X U.S. Mail
tr Personal Delivery
O Facsimile
X Electronic Means w/ Consenttr Other:
By /s/ Monica M. Devroude
Legal Assistant
ADA COUNTY'S PETITION FOR LEAVE TO TNTERVENE- PAGE 4