HomeMy WebLinkAbout20190208Suez 1-22 to EWCG.pdf]TCT!VED
i*i! FIB -8 PH S: tSMichael C. Creamer (ISB No. 4030)
Preston N. Carter (ISB No. 8462)
Givens Pursley LLP
601 W. Bannock St.
Boise,lD 83702
Telephone: (208) 388-1200
Facsimile: (208) 388-1 300
mcc@ givenspursl e)r. com
orestoncarter@ gi venspurslev. com
Attorneys for SUEZ llater ldaho Inc.
Iwt? l t15Xt57L1
IN THE MATTER OF THE JOINT
APPLICATION OF SUEZ WATER
IDAHO AND EAGLE WATER
COMPAI.IY FOR THE ACQUISITION
OF EAGLE WATER COMPAI{Y
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case Nos. SUZW-1t-02
EAG.W-I8{1
trhsr PRoDUCTToN Rnerrusr or SUEZ
%tnn Iulxo INc. ro Elcr,r Wll'run
CusronarnGnoup
SUEZ Water Idaho Inc. (*SUEZ') requests that Eagle Water Customer Group ("EWCG")
provide the following documents and information by March 1,2019. This Production Request is
continuing, and EWCG is requested to provide additional documents that it or any person acting
on its behalf may later obtain that will augme,nt the documents produced. Please answer each
question, provide the documentation requested, and provide supporting workpapers (if
applicable). Responses must include the name and phone number of the person preparing the
document the name, location, and phone number of the record holder, as well as the name of the
person who will sponsor the answer at a hearing if needed. IDAPA 31.01.01.228.
Request No. 1: Please provide copies of any and all organizational documents pertaining
to EWCG, including (without limitation) any and all articles of association, bylaws, resolutions
or minutes, and other documents related to EWCG's participation in this proceeding.
Fnsr PRoDUcrroN REeuEsrs oF SLrEZ To EWCG - I
lri
Request No.2: Please provide the names and business addresses of the officers and
directors of EV{CG, indicate whether these persons are customers of Eagle Water Company, and
indicate which schedule or tariff under which they take service.
Request No.3: Please describe the process by which a person or entity is admitted to
membership in EWCG.
Request No. 4: Please state the number of persons or entities who are members of
EWCG. Please indicate whether each member is a current customer of Eagle Water Company
and under which schedule or tariffthey take service.
Request No. 5: Please state the number of EWCG members that also are members of
another intervenor in this proceeding. For each, please identify which other intervenor the
EWCG member is also a monber of.
Request No. 6: Please describe the source of funds by which the activities of EWCG are
supported.
Request No. 7: Please identi$ the official channels of communication of EWCG. Please
indicate, specifically (but without limitation) whether posts made by the Facebook Group named
"Eagle Water Customers" are considered communications of EWCG.
Request No. 8: Please state whether the flyers attached as Exhibit 1 and Exhiblt2 are
official communications of EWCG.
Request No. 9: Please state whether board mernbers or officers of EWCG have
communicated with Homeowners Associations or similar organizations to request that they
refuse to meet with SUEZ to discuss its proposed acquisition of Eagle Water Company assets, or
have directed any members of EWCG to make such requests to these organizations.
Fnsr PnooucuoN Rrqursrs oF SUEZTo EWCG - 2
Request No. l0: Please provide copies of any informational materials, pamphlets,
statements, or other comrnunications that EWCG has published to its members or to the public
regarding the subject matter of this proceeding.
Request No. 11: Does EWCG contend that the rate increases proposed by SUEZ in the
Joint Application are higher than any rate increases that would be necessary if the City of Eagle
acquired Eagle Water Company? If so, please describe, in detail, the factual basis for this
position and provide any and all relevant analyses, studies, or other documents supporting this
position.
Request No. 12: Please identiff and describe, in detail, the o'other aspects of the public
interest" that you contend could be impacted by the Joint Application as stated in EWCG's
Petition to Intervene. Please also describe EWCG's position on how the Joint Application would
impact aspects of the public interest and provide any and all relevant analyses, studies, or other
documents supporting this position.
Request No. 13: Has EWCG asserted to its members or to the public that "one of the
biggest complaints . . . that existing Suez customers have is the taste (and even the smell) of their
water because of all of the chemicals Suez adds to the water?o' If so, please describe, in detail,
the factual basis for this assertion and provide all relevant analyses, studies, communications, or
other documents supporting this position. Please also identify all persons to whom you attribute
such complaints.
Request No. 14: Has EWCG asserted that "Suez has a D- rating with the Better Business
Bureau and a reputation for extremely poor customer service and maintenance, heavy
chemicalization of their water and massive rate hikes in municipalities across the US?" Please
see Exhibit 2. If so, please describe, in detail, the factual bases for each of these assertions and
FIRST PRoDUCTION TTEQUESTS OF SLIEZ TO EWCG - 3
provide all relevant analyses, studies, communications, or other documents supporting these
assertions.
Request No. 15: Does EWCG admit that SUEZ Water Idaho Inc.-the Applicant in this
proceeding-has an A+ rating with the Better Business Bureau as of February 2019?
Request No. 16: Has EWCG asserted that "[w]ater conservation is going to be
increasingly important as the Treaswe Valley continues to grow?" If so, please identiff any
water conservation measures or programs currently implemented by the City of Eagle or Eagle
Water Company.
Request No 17: Does EWCG contend that the City of Eagle would not seek to move
water under Eagle Water Company water .ights to other portions of the City's current or fufure
service area if the City were to acquire Eagle Water Company?
Request No. 18: Does EWCG contend that the Idaho Department of Water Resources
does not have jurisdiction and authority over the place and purpose of the use of the water.ights
that are currently owned by Eagle Water Company, even if those water rights are acquired by
SUEZ?
Request No. 19: Does EWCG contend that the City of Eagle would not chlorinate the
water that would be provided to current Eagle Water Customers if ttre City were to acquire Eagle
Water Companf
Request No. 20: Does EWCG contend that the City of Eagle does not currently
chlorinate the drinking water provided to its current customers?
Request No.22: Please identiff each person or entity that EWCG intends to call as a
witness in any technical hearing in this matter. For each, please state the subject matter of their
testimony and provide any documents they considered or relied upon in forming their testimony.
FrRsrPRoDUcTroN REQUESTS OF SUEZ rO EWCG - 4
DATED this 86 day of February,2019.
SUEZ Water Idaho Inc.
By:/1,e-r,--
Michael C. Creuner
Preston N. Carter
Givens Ptusley LLP
Attomeysfor SUEZ Water ldaho btc.
FrRsr PRoDUcmoN REeuEsrs oF SL,EZ To EWCG - 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 8ft day of February,2Ol9, a true and correct copy of the
foregoing document was served on the following in the manner indicated:
Diane M. Hanian
Commission Secretary
Idaho Public Utilities Commission
47 2 W est Washin gton Street
Boise,Idaho 83702
IPUC
Brandon Karpen
Sean Costello
Deputy Attorneys General
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise,Idaho 83702
Auorneysfor IPUC
Molly O'Leary
BizCounselor at Law
1775W. State St. #150
Boise, D 83702
Counselfor Eagle Water Company
Robert DeShazo
Eagle Water Company, lnc
188 W. State Street
Eagle, Idaho 83616
Petitioner
N.L. Bangle
188 W. State Street
Eagle,ID 83616
Petitioner
Stan Ridgeway, Mayor
City of Eagle
660 E. Civil Lane
Eagle,ID 83616
Intervenor City of Eagle
Cherese D. Mclain
MSBT Law, Chtd.
7699 W. Riverside Drive
Boise,Idaho 83714
Attorneys for Intervenor City of Eagle
Fmsr PRooucrroN Rrqunsrs oF SUEZ ro EWCG - 6
[ ] bvU.S. Mail
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diane.hanian(Epuc. idaho. sov
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[X] by E-Mail brandon.karpenfdpuc.idaho. eov
sean.:llo6mrc idaho sov
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[X] by E-Mail mol I ],(a) bizc ounsel oratlaw. com
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[X] bV E-Mail nbangle(@h2o-solutionsllc.net
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[X] bV E-Mail sridseway(a)cityofeaele.ors
sb ersmann(E c itvo fea q I e. o rs
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[X] by E-Mail cdm(rDmsbtlaw.com
NormanM. Semanko
Parsons Behle & Latimer
800 West Main Street, Suite 1300
Boise,Idaho 83702
Attorneys for Intervenor Eagle Water
Customer Group
Abigail R Germaine
Deputy City Attorney
Boise City Attorney's Office
150 N. Capitol Blvd.
P.O. Box 500
Boise, Idaho 83701-0500
Auorneysfor Interttenor, City of Boise
James M. Piohowski
PIOTROWSKI DURAND, PLrc
P.O. Box 2864
1020 W. Main Street, Suite 440
Boise,ID 83701
Attorneys for Interuenor Citizens Allied for
Integrity and A ccountability
Brad M. Purdy
Attorney at [,aw
2019 N. 176 Street
Boise,ID 83702
Attorney for Community Action P artnership
Association of Idaho
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[X] by E-Mail aeermainda)cityo fboise. org
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[X]bV E-Mail James(rDidunionlaw.com
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[X] bV E-Mail bmpurdv(rDhotmail.com
14
Preston N. Carter
FrRsr PRoDUcrroN ltEeuEsrs oF SUEZ To EWCG - 7
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Eagle's Water - A Vital Community
Resource We Can't Afford To Sel!
Help us keep it under local control!
Sltuatlon: After decades of quality water service Eagle Water Company (EWC) - which serues 4,2fl) Eagle homes and
buslnesses - has declded to sellthelr water rfhts and system.
Frcnchtsed muhlnadonal foraroflt corporatm Sucz Water ls attempting to purchase thls cruclal utllfi system -
with a stated goal being to divert water from Eagh to support proposed northwest Boise bothills development. They
intend to fund thls takeover by hlking rates for customem In the impact area by as much as 2fl) - 3fi1%, while also
increasing rates for existing Suez customem across the valley.
Suez has a reputatlon for poor customer servke, heavy chemlcallzatlon of their
water and excessive rate hlkes in municipalltles across the country. A 2010 Food &
Water Watch report, " " documents
decades of problems resuhing ln several major cities cancelling Suez contracts.January 30
Ea3le Water Customer Group (EWCGI is an unincorporated non-profit association
formed specifically to partlclpate in the ldaho Public Utllities Commission (IPUC)
process as advocates for malntalnlng localcontrol and stable, affordabh rates fior
our most critka! natural rEsource. Thls coalltlon lncludes Eagle resldents and Suez
customers across the valley who will be impacted by the projected rate increases as
we!!as other cltizens who simply obiect to a foreign compeny coming in to take
control of our utlllties strlctly fior profit.
Attorney Norm Scmanko has generously agreed to represent EWCG on a
contlngency basb through the IPUC process. Thanks to his excelhnt wo*, we have
already been granted approvalto lntervene, which ls an lmpoilant flrst step.
schedullng conference
has been set for the
IPUC attorney and
staff, and the attorneys
for the other parties,
lncludlng EWCG.
We'll share new
derelopments on oul
Facebook $oup page
as soon as we hear
from our attorney.
What you can do to help:
Submlt wrltten comments to the IPUC detalllng wlry you obfect to Suez buylng EWC and asklng that the
IPUC hold a meetlng ln Eagle allowlng publk testimony (enter case number: SUZ-W-18{2)
www. ouc. ida ho.sov/forms/casecomment.asox
Joln our Facebook page and emal! llst to learn more and keep abreast of developments ln the case.
there is strength in numbers and knowledgelwww.facebook.com/srouos/EasleWaterCustomers/
Emall lane Rohllng at lmrohllns@cmall.com to get on our contact list.
Gontact loca! medla to tell them what's happenlng and whyyou object and send Op-Ed's and letters to the
editor about the sltuatlon in Treasure Valley publications.
Donatc to EWCG to support printlng costs, mailings, etc. Donatlons made payablc to Eagle Water
Customcr Group can be sent to Janet BuschGrt at 235 W. Floadng Feadrer Rd. In Eagle
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Volunteer: Let us know what other skills & resources you may have to contribute to our efforts.
Spread the word to others who may be interested ln pining this growing coalition,
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Eagle's Water - A Vital Community
Resource We Can't Afford To Sell
Help us keep it under locdl control!
Sltntion: After decade of quality water service Eagle Water Company {EWC} - which serres 4,200 Eagk homes and
h:sinesses - has decided to sell their water rights and q,stem.
Frenctrbaecd rnultindiosnl tor-proftt oorpcatlm Soa SrbEr is atterngir,rg to purchase this crucial utility system -
with a stated goal being to dwert water from Eagle to support pmposed northwest Boise foothills &velopment. They
intend to fund this takeorer by hiking rates for ctstdn€rs in the impact area bV as much as 2O0 -:X)096, while also
increasirg rates for existing Suez custoraers acrocs the valley.
Strez has a D rating with the Better Businese &rreau and a reputation for extrernely poor customer service and
rnaintenance, heatry chernicalization of their water and massive rate l$kes in municipalities acroes the US.
Eagh WeterCustorner Group (RlrCGl is an unincorporated non-profit association formed specifically to participate in
the ldaho Public Utilities Cor-rxnr:ssion (IPUC) proceas as advocates fior maintaining local cmtrol and staUe, affordable
rates for our most critical natural resource. This coalition includes Eagle residents and Suez customeE across the valley
who will be impacted by the projected rate ancreas€s as rell as other citizens who simply object to a foreign company
coming in to take control of our utilities strictly fo'r profit.
Attomery l{orm Sa,manh has generously agreed to represent EWCG on a contingency basis through the IPUC process.
Thanks to his excellent wsrk, we harre aheady been grarlted apprwa{ to inteflrene, which is an ireportant first step.
What you cando to help:
toin our Facebook pqe * there 's strength in numbers and thls is the best way to keep up with
developnrents as tl'rery occur httos://www.facebook.com/erouos/EacleWaterCustomers/
Subn{t written comm€nts to the lPtlC detailiry why you object to Srrcz buyine EWC and asking that the
IPUC hold a rneetlng in Eagb alkxing publk testimony (Case number: SUZ-W-18-02)
httos: //www. ouc. ida ho.qov/fo rms/casecom ment.asox
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Contact local media to tellthem what's happening and why you object
Write letters to the editor and Op-Ed's about the situation
Donate to EWCG to support printing costs, mailings, etc. Donatiom made payabb to Eagle Water
Custoracr Granp caa b€ sefit to Janet EusdErt at 235 W. Flo.tint Fdher Rd. in Eagle
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Sittrt up on our oontxt sheet so h€ can keep you informed as *€ move forward
Contact Eagle City Council to let them know you sttpport their efforts to buy Eagb Water Company
htto://www.citvofeasle.orelFormCenter/Contact-Us-11/Contact-the{itv-59
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Let us know what other skitls & resources you rnay have to contrribute to our efforts
Spread ttre word to others who may be interested in joining this growing coalition