Final Order No 35399.pdf

ORDER NO. 35399 1
Office of the Secretary
Service Date
May 5, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT
APPLICATION OF SUEZ WATER IDAHO,
INC., TO ACQUIRE EAGLE WATER
COMPANY
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CASE NOS. SUZ-W-18-02
EAG-W-18-01

ORDER NO. 35399

On November 15, 2018, SUEZ Water Idaho Inc. (“SUEZ”) and Eagle Water Company,
Inc. (“Eagle Water”) filed a Joint Application requesting Commission approval of the proposed
acquisition of Eagle Water’s assets by SUEZ (“Joint Application”). On December 7, 2018, the
Commission issued a Notice of Application and Notice of Intervention Deadline. Order No. 34203.
On March 27, 2019, the Commission granted SUEZ’s unopposed motion for stay,
staying the case pending the outcome of litigation in the District Court for the Fourth Judicial
District, State of Idaho, Ada County. Order No. 34292.
On June 8, 2021, Eagle Water and SUEZ filed a motion to recommence proceedings in
this docket.
On October 8, 2021, Staff, SUEZ, and Eagle Water filed a proposed stipulation and
settlement (“Settlement”) and a joint motion of approval of stipulation and settlement.
On December 9, 2021, the Commission issued a final order approving the Settlement,
authorizing SUEZ to amend its certificate of public convenience and necessity (“CPCN”) No. 143
to reflect the acquisition of Eagle Water’s service area. Order No. 35247. Order No. 35247 also
directed Eagle Water to refund a surcharge balance of $592,020.00 to all eligible customers. Id. at
8-9, 20.
On December 21, 2021, SUEZ filed conforming tariffs reflecting the new rates for
customers acquired from Eagle Water as approved in Order No. 35247.
On December 30, 2021, the Commission issued an order clarifying that SUEZ could
bill customers in the former Eagle Water service area monthly. Order No. 35283.
On April 28, 2022, Staff submitted a Decision Memorandum (“Memo”) therein
representing that, on February 8, 2022, Eagle Water mailed refund checks to 4,151 eligible
customers to refund the surcharge balance. In its Memo, Staff stated it believed that Eagle Water
followed the directives of Order No. 35247 and recommended that its tariffs and CPCN be
canceled, effective immediately.

ORDER NO. 35399 2
COMMISSION DECISION AND FINDINGS
The Commission has jurisdiction over this matter and the issues in this case under Title
61 of the Idaho Code. Specifically, the Commission regulates “public utilities,” including “water
corporations” that serve the public or some portion thereof for compensation. See Idaho Code §§
61-125, -129, and -501. The Commission has jurisdiction to grant or deny CPCNs and set any
reasonable conditions for a Company to hold and obtain a CPCN. Idaho Code § 61-526, -527, and
-528.
We find that Eagle Water complied with our directive in Order No. 35247. We further
find that Eagle Water’s Tariffs and CPCN No. 278 shall be canceled, effective immediately.
ORDER
IT IS HEREBY ORDERED that Eagle Water’s Tariffs and CPCN No. 278 are
canceled, effective immediately.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within 21 days of the service date of this Order. Within seven days after any person
has petitioned for reconsideration, any other person may cross-petition for reconsideration. See
Idaho Code § 61-626.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 5th day
of May 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary
I:\Legal\SUZ\EAGW1801_SUZW1802\orders\SUZW1802_EAGW1801_compliance_final_rn.docx