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HomeMy WebLinkAbout20250218Reconsideration_Order_No_36469.pdf Office of the Secretary Service Date February 18,2025 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 ) ORDER NO. 36469 AND CHARGES FOR WATER SERVICE IN ) THE STATE OF IDAHO ) On February 28, 2024, CDS Stoneridge Utilities, LLC ("Company" or "Stoneridge") applied for authorization to increase its rates and charges for water service ("Application"). The Company made a separate supplemental filing requesting an April 1, 2024, effective date. The Stoneridge Property Owners Association, Inc. ("SPOA"),the Stoneridge Recreational Club Condominium Owners Association, Inc. ("SRCCOA"), and an individual, Randolph Garrison,pro se, petitioned to intervene (collectively the "Intervenors"). Order Nos. 36144 and 36163. On November 29, 2024, the Commission issued its Final Order approving an 18.6% increase in the Company's general rate with a rate of return of 8.21% and a 10%return on equity. Order No. 36407. On December 23, 2024, the Company filed a Petition for Reconsideration and Clarification. On December 24, 2024, the Commission issued a corrected Final Order. On January 21,2025,the Company filed a Renewed Petition for Reconsideration and Clarification. On January 28, 2025, the Company submitted a supplement to its Renewed Petition for Reconsideration and Clarification. COMMISSION'S DECISION AND FINDINGS Reconsideration affords parties an opportunity to bring to the Commission's attention any matter previously determined and provides the Commission opportunity to rectify any mistake before the matter is appealed to the Supreme Court. Washington Water Power Co. v. Idaho Public Utilities Comm'n, 1980, 101 Idaho 567, 617 P.2d 1242. Any person or public utility has the right to petition for reconsideration in respect to any matter determined in a Commission order. Idaho Code § 61-626(1). The petitioner has 21 days from the date of the final order in which to ask for reconsideration.Id. Idaho Public Utilities Commission Rule of Procedure 331 states that petitions for reconsideration "must specify (a) why the order or any issue decided in it is unreasonable, ORDER NO. 36469 1 unlawful, erroneous or not in conformity with the law, and(b)the nature and quantity of evidence or argument the petitioner will offer if reconsideration is granted." IDAPA 31.01.01.331.01 (emphasis added). Further, "the petition . . . must state whether the petitioner . . . requests reconsideration by evidentiary hearing, written briefs, comments, or interrogatories." IDAPA 31.01.01.331.03. Having reviewed the record in this case including the Company's several filings related to its request for reconsideration, the Commission grants reconsideration. Given the breadth and complexity of the issues raised in the Company's requests for reconsideration,we find it expedient that the record be more fully developed before the Commission reconsiders this matter. The Commission hereby orders the Company to file all documentation that the Company considers relevant for reconsideration within 21 days of the date of this Order. The Commission notes that each of the items that the Company is requesting be reconsidered must be supported with robust documentation. The Commission encourages the Company to work with Staff to ensure that it has proper documentation for each of its claims. This coordination should begin immediately to allow the Company ample time to incorporate Staff s feedback. The Commission also finds that it is reasonable to grant the parties an opportunity to file response comments. Accordingly, Staff and the Intervenors shall have until March 25, 2025, to file any responsive comments and the Company shall have until April 8, 2025, to file any reply comments. Finally, the Commission is highly concerned that the Company's recent filings were not filed by the Company's attorney of record in this case. In Order No. 36247 the Commission required the Company to obtain representation in this matter. The Company shall comply with the requirements of Order No. 36247 and ensure all of its filings are submitted by an attorney going forward. Otherwise, those filings will not be considered by the Commission. ORDER IT IS HEREBY ORDERED that the Company's request for reconsideration is granted. IT IS FURTHER ORDERED that the Company shall supplement its petition with all documentation that the Company considers relevant for reconsideration within 21 days of the service date of this order. ORDER NO. 36469 2 IT IS FURTHER ORDERED that Staff and the Intervenors shall have until March 25, 2025,to file any responsive comments and the Company shall have until April 8,2025,to file any reply comments. IT IS FURTHER ORDERED that the Company shall ensure that all of its filings are submitted by an attorney in accordance with Order No. 36247 and the Commission's rules of procedure. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 181h day of February 2025. / G EDWARD LODGE, P DENT --- gs—,� JO R. HAMMOND JR., COMMISSIONER Recused DAYN HARDIE, COMMISSIONER ATTEST: V44 �.. a B io S Commission Secre 4� I:\Lega1\WATER\S W S-W-24-01_rates\orders\S W S W 2401_Recon 1_md.do cx ORDER NO. 36469 3