20240617 Protest to Modified Procedure.pdf

RECEIVED
Monday, June 17, 2024 2.28.23 PM
IDAHO PUBLIC
UTILITIES COMMISSION
Norman M. Semanko, ISB #4761
Patrick M. Ngalamulume, ISB #11200
PARSONS BEHLE&LATIMER
800 W. Main Street, Suite 1300
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Stoneridge Property Owners Association
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CDS STONERIDGE Case No.: SWS-W-24-01
UTILITIES, LLC'S APPLICATION FOR
AUTHORITY TO INCREASE ITS RATES STONERIDGE PROPERTY OWNERS
AND CHARGES FOR WATER SERVICE ASSOCIATION'S PROTEST TO
IN THE STATE OF IDAHO MODIFIED PROCEDURE
Stoneridge Property Owners Association ("SPOA"), by and through its counsel of record,
Parsons Behle & Latimer, hereby submits this opposition pursuant to IDAPA Rule 203 to notice
of modified procedure under Order No. 36192.
On May 28, 2024, the Idaho Public Utilities Commission ("Commission") issued a notice
determining that this case would proceed under Modified Procedure pursuant to the
Commission's Rules of Procedure 201-204, IDAPA 31. 01.01. 201-204. This decision was met
with significant skepticism by SPOA, as it is deemed unfair to forgo a full hearing on an issue of
this magnitude. Given the complexity and potential impact of the case, SPOA requests a full
comprehensive technical hearing.
STONERIDGE PROPERTY OWNERS ASSOCIATION'S PROTEST TO MODIFIED PROCEDURE—Page I
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PROCEDURAL REQUEST
Under the Commission's Rules of Procedure, General Rate Cases are typically subject to
the rules governing formal technical hearings. Such hearings are essential to ensure that all
interested parties have the right to present their case and be heard before the Commission.
Pursuant to Rule 203, Intervenor SPOA requests a transition from modified procedure to
a formal technical hearing based on the following points:
(1): Representation by legal counsel: The Applicant Stoneridge Utilities, LLC is duly
recognized as an Idaho limited liability Company. According to the Commission's Rules of
Procedure 043, such an entity must be represented by a licensed attorney in proceedings before
the Commission. Currently, the Applicant has not engaged legal representation, a requirement
that must be fulfilled for the legitimacy and integrity of this General Rate Case. This is further
supported by the Idaho Rules of Professional Conduct.
(2): Comment Period Ambiguity: The notice specifies an August 7, 2024, deadline for
comments but fails to clarify whether intervenors like SPOA are allowed to submit their
comments within this timeframe. This lack of clarity undermines the participatory rights of
intervenors and could lead to procedural confusion.
(3): Need for Cross-Examination: The Modified Procedures structure does not afford
SPOA the essential right to a formal hearing where it can cross-examine the Applicant on the
necessity and justification for the proposed rate increases. Furthermore, it restricts SPOA from
questioning the Commission Staff on its findings and recommendations, which is vital for a
transparent and thorough examination of the case.
(4): Substantial Rate Increase: The Application proposes an average rate increase of
261% affecting all customers uniformly. Such a drastic and broad increase demands a meticulous
STONERIDGE PROPERTY OWNERS ASSOCIATION'S PROTEST TO MODIFIED PROCEDURE—Page 2
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and detailed review of the evidence presented by the Applicant and the analysis undertaken by
Commission Staff. A formal technical hearing is necessary to scrutinize this evidence and
analysis adequately and ensure that any rate adjustments are justified and fair.
CONCLUSION
Given these substantial concerns, intervenor SPOA respectfully urges the Commission to
reconsider its decision to proceed under modified procedures. Instead, SPOA requests that the
Commission conduct a formal technical hearing to ensure a comprehensive, transparent, and fair
evaluation of the proposed rate increase.
DATED this 171h day of June, 2024.
PARSONS BEHLE&LATIMER
N
I' S--
Norman M. Semanko
Patrick M. Ngalamulume
Attorneys for Stoneridge Property Owners
Association
STONERIDGE PROPERTY OWNERS ASSOCIATION'S PROTEST TO MODIFIED PROCEDURE—Page 3
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 17�' day of June, 2024, I served a true and correct copy
of the foregoing upon each party in this matter by delivering the same to each of the following
individuals by the method indicated below, addressed as follows:
Michael Duval, Deputy Attorney General ❑ U.S. Mail
IDAHO PUBLIC UTILITIES COMMISSION ❑ Facsimile
472 W. Washington(83702) ❑ Hand Delivery
P.O. Box 83720 ❑ Overnight Delivery
Boise, ID 83720-0074 ® Email michael.duvalgpuc.idaho.gov
Chan Karupiah ❑ U.S. Mail
CDS STONERIDGE UTILITIES,LLC ❑ Facsimile
P. O. Box 298 ❑ Hand Delivery
Blanchard, ID 83804 ❑ Overnight Delivery
® Email chansanAcomcast.net
utilitieskstoneridgeidaho.com
Rick Haruthunian ❑ U.S. Mail
RAMSDEN,MARFICE,EALY&DE SMET LLP ❑ Facsimile
700 Northwest Boulevard ❑ Hand Delivery
P. O. Box 1336 ❑ Overnight Delivery
Coeur d'Alene, ID 83816-1336 ® Email rharuthuniankrmedlaw.com
Attorney for Stoneridge Recreational Club
Condominium Owners Assoc., Inc.
Randolph Lee Garrison ❑ U.S. Mail
76 Bellflower Court ❑ Facsimile
Blanchard, ID 83804 ❑ Hand Delivery
❑ Overnight Delivery
® Email garrisonkrmgarrison.com
- �, S--
Norman M. Semanko
STONERIDGE PROPERTY OWNERS ASSOCIATION'S PROTEST TO MODIFIED PROCEDURE—Page 4
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