20240805Motion to Vacate and Further Suspend.pdf

RECEIVED
2024 August 5, AM 10:38
IDAHO PUBLIC
UTILITIES COMMISSION
ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 10221
Street Address for Express Mail:
11331 W CHINDEN BLVD, BLDG 8, SUITE 201-A
BOISE, ID 83714
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CAPITOL WATER )
CORPORATION'S APPLICATION TO ) CASE NO. CAP-W-24-01
INCREASE ITS RATES AND CHARGES FOR )
WATER SERVICE IN THE STATE OF IDAHO )
STIPULATED MOTION TO
VACATE COMMENT
DEADLINES AND CUSTOMER
HEARING AND TO
INDEFINATELY SUSPENED
THE PROPOSED EFFECTIVE
DATE OF NEW RATES
Staff of the Idaho Public Utilities Commission ("Staff'), by and through its attorney of
record, Adam Triplett, Deputy Attorney General, pursuant to Commission Rules of Procedure
("Rule") 056, 123, 256, and 322 IDAPA 31.01.01 et seq., does hereby move for an Order (1)
vacating the comment and reply deadlines and the customer hearing established by Order No.
36187; and (2) suspending the Company's proposed effective date for new rates indefinitely,
pending completion of Staff s review of the Company's financial records.
STIPLUATED MOTION TO VACATE
COMMENT DEADLINES AND CUSTOMER
HEARING AND TO INDEFINITELY SUSPEND
THE EFFECTIVE DATE OF NEW RATES 1 August 1, 2024

BACKGROUND
In this case, Capitol Water Corporation ("Company") seeks authority to increase its rates
and charges for water service. In prior orders, the Commission (1) suspended the Company's
requested April 1,2024 effective date for the proposed rate increases for five months and 30 days;
(2) set a public comment deadline of August 21, 2024 and company reply deadline of September
4,2024; and(3)scheduled an in-person customer hearing at the Commission's offices in Boise for
August 22, 2024. Order Nos. 36118 and 36187.
As described more thoroughly below, and despite the Company's overall cooperativeness
with Staff s production requests, the antiquated billing and record keeping software the Company
uses has slowed the review of the Company's financial records such that Staff will not be able to
formulate and file comments by the Augst 21, 2024, deadline. This has compelled Staff to move
the Commission to vacate the current comment and reply deadlines and customer hearing and to
further suspend the effective date of the proposed rate increases to provide Staff with sufficient
time to fully review the Company's financial records and file comments on the proposed rate
increases.
STIPULATED MOTION TO VACATE COMMENT DEADLINES AND CUSTOMER
HEARING AND TO INDEFINITELY SUSPEND THE PROPOSED EFFECTIVE DATE
OF NEW RATES
The Commission has authority to suspend the proposed effective date of any new rate. See
Idaho Code § 61-622. Generally, such suspensions can be only for a limited time. Id. However,
the Commission may indefinitely suspend the proposed effective date for new rates with the
written consent of the party seeking approval for the new rate. See id. Additionally, the
Commission may alter or amend interlocutory orders, like those suspending rates, scheduling
deadlines for written communications, or proposing modified procedure. IDAPA 31.21.01.322.
To file appropriate comments and recommendations related to the Company's Application
to increase its rates, Staff must evaluate the proposed increases and determine whether they are
fair,just, and reasonable. This analysis requires Staff to review the Company's financial records.
Despite diligent efforts and the Company's general cooperativeness, Staff has been unable to
complete its review of the Company's financial records. This largely results from the Company's
STIPLUATED MOTION TO VACATE
COMMENT DEADLINES AND CUSTOMER
HEARING AND TO INDEFINITELY SUSPEND
THE EFFECTIVE DATE OF NEW RATES 2 August 1, 2024

antiquated computer billing and record keeping software,which has frequently compelled Staff to
gather information by reviewing paper printouts by hand. Consequently, Staff will not be able file
adequately informed comments and recommendations for Commission consideration by the
August 21, 2024, public comment deadline. Accordingly, to ensure that the Commission has an
adequate record to support a decision in this case, Staff requests that the Commission issue an
order vacating the August 21, 2024, public comment deadline and September 4, 2024, company
reply deadline, and the customer hearing scheduled for Augst 22, 2024, at the Commission's
offices in Boise.
Although Staff is hopeful that it can complete its review of the Company's financial records
soon, it is uncertain at this time how long this process will take. Nor is it clear precisely how soon
a rescheduled customer hearing can be held. Considering this, it appears unlikely that this case
would be fully submitted prior to the current October 1, 2024, effective date for the Company's
proposed rate increases. Accordingly, Staff also requests that the Commission suspend the
effective date for the Company's proposed rate increases indefinitely pursuant to its authority
under Idaho Code § 61-622(4). As shown in Exhibit A attached to this motion, the Company has
consented to such an indefinite suspension.After completing its review of the Company's financial
records, Staff will recommend new comment and reply deadlines and propose a date for the
rescheduled customer hearing.
Staff provided actual notice of the substance of this Motion to the Company by email and
telephone on August 1, 2024. Staff believes that pursuant to Rule of Procedure 256.03, IDAPA
31.01.01.256.03, the factual circumstances (including the Company's consent to the relief
requested herein)warrant immediate review of its Motion and enables the Commission to consider
this Motion and offer the relief requested on fewer than 14 days' notice.
CONCLUSION
Staff respectfully requests that the Commission issue an Order (1) vacating the comment
and reply deadlines and customer hearing established in Order No. 36187; and(2) suspending the
Company's proposed effective date for new rates indefinitely, pending completion of the Staff s
review of the Company's financial records. Once this review is complete, Staff will work with the
STIPLUATED MOTION TO VACATE
COMMENT DEADLINES AND CUSTOMER
HEARING AND TO INDEFINITELY SUSPEND
THE EFFECTIVE DATE OF NEW RATES 3 August 1, 2024

Company and recommend new comment and reply deadlines and propose a date for the
rescheduled customer hearing.
DATED at Boise, Idaho, this 5t' day of August 2024.
Adam Triplett
Deputy Attorney General
STIPLUATED MOTION TO VACATE
COMMENT DEADLINES AND CUSTOMER
HEARING AND TO INDEFINITELY SUSPEND
THE EFFECTIVE DATE OF NEW RATES 4 August 1, 2024

i
EXHIBIT A
a
I, e 'T �c /Gc' a duly authorized representative of Capitol
Water Corporation, have read the attached Motion to Vacate Comment Deadlines and Customer
Hearing and To Indefinitely Suspend the Effective Date of New Rates and consent to relief
proposed therein, including the indefinite suspension of the proposed rate increase in this case.
For Capitol Water Corporation
STIPLUATED MOTION TO VACATE
COMMENT DEADLINES AND CUSTOMER
HEARING AND TO INDEFINITELY SUSPEND
THE EFFECTIVE DATE OF NEW RATES 5 August 1, 2024

CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE ON THIS 5TH DAY OF AUGUST 2024, SERVED
THE FOREGOING MOTION TO VACATE COMMENT DEADLINES AND CUSTOMER
HEARING AND TO FURTHER SUSPEND THE EFFECTIVE DATE OF NEW RATES,
IN CASE NO. CAP-W-24-01, BY E-MAILING A COPY THEREOF, TO THE FOLLOWING:
H. ROBERT PRICE KATHY STOCKTON
PRESIDENT 2310 W LEMHI ST
CAPITOL WATER CORP BOISE ID 83705
2626 ELDORADO E-MAIL: kantwwkrevggmail.com
BOISE ID 83704
E-MAIL: infogcapitolwatercorp.com
MARY GRANT
DEPUTY CITY ATTORNEY
BOISE CITY ATTORNEY'S OFFICE
PO BOX 500
BOISE ID 83701-0500
E-MAIL: m rg antgcityofboise.org
BoiseCityAttorneygcityofboise.org
Keri J. Hawker
Assistant to Adam Triplett
STIPLUATED MOTION TO VACATE
COMMENT DEADLINES AND CUSTOMER
HEARING AND TO INDEFINITELY SUSPEND
THE EFFECTIVE DATE OF NEW RATES 6 August 1, 2024