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Home My WebLink About20210714Eagle Water to Staff 9-10.pdfMOLLY O'LEARY BizCounselor@ Law, PttC ln5W. State Street #150 BOISL IDAHO 87702 2@.453.6t06 tt'';.- I ::,t,i fl-t .;, I .:,,.- I ir Pt{ L: ut8 IDAHO BAR NO.4996 Mollv @ BizCouonselorAtLaw.com Attorneys for Eagle Water Company, lnc. BEFORE THE IDAHO PUBLIC UTITITIES COMMISSION IN THE MATTER OF THE ]OINT APPLICATION OF SUEZ WATER IDAHO AND EAGLE WATER COMPANY FOR THE ACQUISITION OF EAGLE WATER COMPANY APPLICANT EAGLE WATER CoMPANY, lNC.',S RESPONSE TO COMMISSION STAFF'S THTRD PRODUCTTON REQUEST COMES NOW, Applicant Eagle Water Company, Inc., by and through undersigned counsel, and provides the following Responses to the Commision Safft Third Production Request REQUEST NO. * Please provide supplemental responses to Request No. I through Request No. 8 updating for any known changes since the original application was filed in 2018. RESPONSES TO REQUEST NO. 9: REQUEST NO. t Please provide a copy of the asset purchase agreement between Eagle Water Company and H20 Eagle Acquisition, LLC SUPPLEMENTAL RESPONSE TO REQUEST NO. l: The Amended Asset Purchase Agreement between Eagle Water Company and H20 Eagle Acquisition, LLC was provided to the Commission as "Affachment 3" to the Applicants'Amended Joint Application filed with EAGLE WATER COMPANY'S RESPONSE TO COMMISSION STAFF'S THTRD PRODUCTION REQUEST - | ) ) ) ) ) ) ) ) cAsE NO. SUZ-W-|8-02/ EAG-W-r&0r the Commission on June 8,2021. There have been no further updates. This Response was prepared by Eagle Water Company attorney Molly O'Leary, based on confirmation by Robert V. DeShazo, Jr., President of Eagle Water Company, Inc Tel ephon e : 2@.939.0242 Address:188 W. State Street, Eagle, lD 83516 Record Holder (if different): NA Witness to sponsor testimony regarding: Robert V. DeShazo,lr. REQUEST NO. 2: Please provide a copy of the "Original Agreement" between Eagle Water Company and H20 Eagle Acquisition, LLC dated May 14, 2018 as statd on page t under "Definitive Asset Purchase Agreement." SUPPLEMENTAL RESPONSE TO REQUEST NO. 2: The "Original Agreement" has not changed as it would then no longer be an original agreement. There is no succesive document. This Response was prepared by Eagle Water C.ompany attorney Molly O'Leary, based on confirmation by Robert V. DeShazorlr, President of Eagle Water C-ompany, Inc. Tel ep hon e : 2@.939 .0242 Address:188 W. State Street, Eagle, lD 83615 Record Holder (if different): NA Witness to sponsor testimony regarding: Robert V. DeShazo,Tr. REQUEST NO. 3: Please provide a list of names of current Eagle Water Company shareholders, date they became shareholders, and the number of shares they own. SUPPTEMENTAL RESPONSE TO REQUEST NO. 3: There are no changes to the CONFIDENTIAL copy of the requested information, marked "Eagle Water Company's Response to C-ommission Saffs Production Request No.3r" previously filed with the C-ommission in accordance with IPUCRP 2T3.O2. The information provided is deemed confidential under IPUCRP 67 and IPUCRP ?33; the ldaho Trade Secret Act, Title 48, Chapter 8, ldaho Code; and the ldaho Public Records Act, Title 74, Chapter l, Idaho Code. This Response was prepared by Eagle Water Company attorney Molly O'Learn based on confirmation by Robert V. DeShazo,lr., President of Eagle Water C-ompann lnc. Te I e p h o n e : 2@.939 .0242 Addres:188 W. State Street, Eagle, lD 83515 EAGLE WATER COMPANY'S RESPONSE TO COMMISSION STAFF'S TH|RD PRODUCTTON REQUEST - 2 Record Holder (if different): NA Witness to sponsor testimony regarding: Robert V. DeShazo,lr. REQUEST NO. 4: Please provide a list and detailed descriptions of the near-term Eagle Water Company system upgrades referenced by Robert DeShazo in Section X, on page 4 of the Application. Within the description, please include any drivers necesitating the upgrade, how the customer would benefit, and an estimate of the cost SUPPLEMENTAL RESPONSE TO REQUEST NO. 4: There are no updates to EWCO's previous response to this Request. This Response was prepared by Daryl Farnsworth, Eagle Water Company Operations Consultant, in cooperation with Robert V. DeShazo,lr, Eagle Water C.ompany President. Tel ep h o n e : 2@.939 .0242 Addres:188 W. State Street, Eagle, lD 83616 Record Holder [if different] NA Witness to sponsor testimony regarding: Daryl Farnsworth REQUEST NO. 5: Please provide a deailed description for all capital improvements over $50O0O made in the last 3 years. Details should include a narrative description of the improvement, a description of the need(s) driving the capital expenditure, and a breakdown of the proiect costs. SUPPLEMENTAL RESPONSE TO REQUEST NO. 5: There are no updates to EWCO's previous response to this Request. This Response was prepared by Daryl Farnsworth, Eagle Water Company Operations Consulant, in cooperation with Robert V. DeShazo, Jr., Eagle Water C-ompany President. Telephon e : 208.939.0242 Addres:188 W. State Street, Eagle, lD 83616 Record Holder (if different): NA Witness to sponsor testimony regarding: Daryl Farnsworth REQUEST NO. 6: Please provide a detailed description for all planned capital improvements exceeding $5Or00O in the next 3 years. Deails should include a narrative description of the improvement, a description of the driver(s) for each proiect illustrating why each are necessary, a cost/benefit analysis for each proiect, and a breakdown of the proiect costs. EAGLE WATER COMPANY'S RESPONSE TO COMMISSION STAFF'S THIRD PRODUCTION REQUEST - 3 SUPPLEMENTAL RESPONSE TO REQUEST NO. 5: There are no updates to EWCO's previous response to this Request. This Response was prepared by Daryl Farnsworth, Eagle Water Company Operations Consultant, in cooperation with Robert V. DeShazo,lr., Eagle Water C-ompany President. Tel ephon e : 2@.939.0242 Addres:188 W. State Street, Eagle, lD 83516 Record Holder (if different): NA Witnes to sponsor testimony regarding: Daryl Farnsworth REQUEST NO. 7: Is Eagle Water C.ompany involved in any lawsuits that may interfere or affect the acquisition? If so, please provide all information and documentation related to each lawsuit and how it will affect the acquisition. SUPPLEMENTAL RESPONSE TO REQUEST NO. 7: There are no updates to EWCO's previous response to this Request. This Response was prepared by Daryl Farnsworth, Eagle Water Company Operations Consultant, in cooperation with Robert V. DeShazo,lr., Eagle Water Company President. Telephone : 208.939.0242 Addres:188 W. State Street, Eagle, lD 83616 Record Holder (if different): NA Witnes to sponsor testimony regarding: Daryl Farnsworth REQUEST NO. 8: Are there any liens on any of the assets being acquired by SUEZ Water ldaho through the acquisition? lf so, please provide all information and documentation related to each lien. SUPPLEMENTAL RESPONSE TO REQUEST NO. 8: There are no updates to EWCO's previous response to this Request. This Response was prepared by Daryl Farnsworth, Eagle Water C-ompany Operations Consultant, in cooperation with Robert V. DeShazo, Jr., Eagle Water Company President. Telephon e : 208.939.0242 Address:188 W. State Street, Eagle, lD 83616 Record Holder (if differentl NA Witness to sponsor testimony regarding: Daryl Farnsworth EAGLE WATER COMPANY'S RESPONSE TO COMMISSION STAFF'S THIRD PRODUCTION REQUEST - 4 REQUEST NO. lO Please provide in Excel format, a list of all external attorneys who performed services for the C.ompany or who were paid by the Company for services during 2019, 2O2O, and 2O2l to date for EAG-W-|8O| and deferred to the regulatory asset account Please list the invoice number, invoice amount, amounts paid, and date of payment Please also provide a summary of the services performed. RESPONSE TO REQUEST NO. l0 Please see CONFIDENTIAL auached document labeled "EAGLE WATER COMPANY, tNC.',S RESPONSE NO. t0 TO COMMISSION STAFF',S THTRD PRODUCTTON REQUEST." The attached document is filed in accordance with IPUCRP 233.02, and is subject to the Protective Agreement entered into by the Company and the Commission Saff. The information provided is deemed confidential under IPUCRP 6l and IPUCRP 233; the ldaho Trade Secret Act, Title 48, Chapter & Idaho Code; and the ldaho Public Records Act, Title 74, Chapter l, Idaho Code. This Response was prepared by Eagle Water Company Office Manager Julie Chatterton. Tele phon e : 208.939.0242 Addres:188 W. State Street, Eagle, ID 83616 Record Holder (if different): NA Witness to sponsor testimony regarding: lulie Chatterton DATED at Boise, Idaho, this l4th day of luly,2O2l. @ PLLC ftorney for Eagle Water Company, lnc. EAGLE WATER COMPANY'S RESPONSE TO COMMTSSTON StAFF',S THIRD PRODUCTION REQUEST . 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the l4th day of luly,2O2l, a true and correct copy of the foregoing document was served on the following in the manner indicated: Jan Noriyuki Commission Secretary ldaho Public Utilities Commission 472 West Washington Street Boise, ldaho 877o.2 SUEZ WATER IDAHO, INC. Applicant Marshall Thompson Suez Water ldaho, Inc. 8248 W. Victory Road Boise, ldaho 877o9 MichaelC. Creamer Preston N. Carter Givens Pursley, LLP 60l W. Bannock St. Boise, lD 83702 Attorneys for Suez Water ldaho, Inc. EAGLE WATER. COMPANY, INC. Applicant Robert V. DeShazo,lr. Eagle Water Company, lnc. 188 W. State Street Eagle, Idaho 83616 EAGLE WATER COMPANY'S RESPONSE TO COMMISSION STAFF'S THIRD PRODUCTTON REQUEST - 5 t I bv U.S. Mail tX] bV Personal Delivery (Original st 3 copies) I I bV Facsimile t I bV E-Mail: Secretarv@puc.idaho.qov 1a n.Norivuki @ puc.idaho.sov [ ] bv U.S. Mail [ ] bv Personal Delivery t I bV Facsimile lX bV E-Mail: Marshall.Thomprcn@Suez.com I I bv U.S. Mail [ ] bV Personal Delivery [ ] bV Facsimile lXl bv E-Mail: mcc @ eivenspu rslev.com PrestonCa rter @ sivenspu rslev.com t I bv U.S. Mail I I bV Personal Delivery I I bV Facsimile lX bV E-Mail: EaeleWaterCo@email.com N.L. Bangle H2O Eagle Acquisition, LLC 188 W. State Street Eagle, lD 83516 COMMISSION STAFF Dayn Hardie Matt Hunter Deputy Attorneys General ldaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, ldaho 8T/2OAW4 Attorneys for IPUC INTERVENORS Citv of Eaele lason Pierce, Mayor B. Newall Squyres Murray D. Feldman Holland g Hart, LLC 8OO W. Main Street, Suite l75O P. O. Box ?527 Boise, lD 87702-2:;27 Attorneys for City of Eagle EAGLE WATER COMPANY'S RESPONSE TO COMMISSION STAFF'S THTRD PRODUCflON REQUEST - 7 t I bv U.S. Mail t ] bV Personal Delivery t I bV Facsimile tX] by E-Mail: NBanele@ H2O-solutionsllc.net I I bv U.S. Mail I ] bV Personal Delivery I I bV Facsimile lX by E-Mail: davn.ha rdie@ puc.idaho.eov matt.h u nter @ puc.ida ho.eov t I bv U.S. Mail I I bV Personal Delivery t I bV Facsimile tX by E-Mail: nsq uyres@ holla ndha rt.com mfeldma n @ holla nd ha rt.com Citizens Allied for lnteeritv and Accountabilitv James M. Piotrowski PIOTROWSKI DURAND, PLLC P.O. Box 286+ lO2O W. Main Street, Suite 44O Boise, lD 83701 Attorneys for Citizens Allied for lntegrity and Accountability Communitv Action Partnership Association of ldaho Brad M. Purdy Attorney at Law 2Ol9 N. lTth Street Boise, lD 83.702 Attorney for Community Action Partnership of ldaho Eaele Water Customers Group Norman M. Semanko Parsons Behle &. Latimer 8OO West Main Street, Suite l3OO Boise, Idaho 87702 Attorneys for Eagle Water Customers Group EAGLE WATER COMPANY'S RESPONSE TO COMMISSION STAFF'S TH|RD PRODUCTTON REQUEST - 8 t I bv U.S. Mail I I bV Personal Delivery I I bV Facsimile [X] bV E-Mail: Iames@idunionlaw.com I I bv U.S. Mail I ] bV Personal Delivery I I bv Facsimile IXI bV E-Mail: BMPurdv@hotmail.com I I bv U.S. Mail I ] bV Personal Delivery t I bV Facsimile IXI bv E-Mail: NSema n ko @ pa rsonsbehle.com ECF@parsonsbehle.com Citv of Boise Mary Grant Scott B. Muir Deputy City Attorney Boise City Attorney's Office l5O N. Capitol Blvd. P.O. Box 5OO Boise, ldaho 8T/OIO5OO Attorneys for City of bise EAGLE WATER COMPANYS RESPONSE TO COMMISSION STAFF'S THrRD PRODUCTTON REQUEST - e I I bv U.S. Mail I ] bV Personal Delivery I I bV Facsimile tX by E-Mail: boiseci tva ttornev @ ci tvofboise.ore By: fY