20210303Staff to IFHC 1-11.pdf

DAYN HARDIE (ISB No. 9917)
MATT HUNTER (ISB No. 10665)
DEPUTY ATTORNEYS GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
[phone]
1: E r'i:$ i l.r .r j 11:!',+'+r, G;7
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Street Address for Express Mail:
11331 W CHINDEN BLVD, BLDG 8, SUITE 2OI-A
BOISE,ID 837I4
Attorneys for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF SUEZ WATER IDAHO
INC.'S APPLICATION FOR AUTHORITY TO
INCREASE ITS RATES AND CHARGES FOR
WATER SERVICE IN THE STATE OF IDAHO
CASE NO. SUZ.W-20.02
STAFF'S RESPONSE TO
INTERMOT]NTAIN FAIR
HOUSING COUNCIL, INC.'S
FIRST PRODUCTION
REQUEST
The Staff of the Idaho Public Utilities Commission, by and through its attorneys of
record, Dayn Hardie and Matt Hunter, Deputy Attomeys General, responds as follows to
Intermountain Fair Housing Council, Inc.'s First Production Request to Commission Staff.
The following clariJication applies to Interrogatory Nos. 7, 2, 8, 9, 10, and 11: While the
Interrogator asks these interrogotories of the "Idaho Public Utilities Commission," only
Commission Staff (Staff) is subject to discovery in this docket. See IDAPA 31.01.01.037 and
.223. Staff does not have authority to speak on behalf of the three-member Commission, and it
would be inappropriate for Staff to speculate on actions the Commission may take in the
futare.
STAFF'S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COUNCIL,INC.MARCH 3,2021
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INTERROGATORY NO. 1: Did you require Suez Water Idaho Inc. (hereinafter
"Suez") to provide written notice to area residents in all languages commonly spoken in the
Boise, Idaho area so that it can be certain that the public is properly on notice of the proposed
rate increase and how to give input into the proposal?
STAFF RESPONSE TO INTERROGATORY NO. l: Staff lacks authority to require
SUEZ Water Idaho Inc. (SUEZ) to provide notice of any kind in this docket. Except for StafPs
rights as a party (IDAPA 31.01.01.038) and its statutory audit authority (IDAPA 31.01 .01.227),
Staff does not have authority to require SUEZ to take any particular action in this docket.
Additionally, the Commission has not granted Staff additional authority in any of the orders in
this docket. See Order Nos. 34845,34859, and 34861.
Please see IDAPA 31.01.01.125, describing the Commission's notice requirements
specifically for proposed rate changes.
STAFF' S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COIINCIL,INC.2 MARCH 3,2021
INTERROGATORY NO. 2: Describe the consideration that you have given or will
give to input from the public on the proposal for a rate increase requested by Suez.
STAFF RESPONSE TO INTERROGATORY NO. 2: Staff s role is this docket is
investigative. See ldaho Code $ 6l-206; IDAPA 31.01.01.037 and.038. In arate case, Staff
investigates the Company's proposal and makes recommendations to the Commission based on
its investigation. In this case, the Commission has directed Staff to hold a public workshop at
which Staff is required to receive written and oral comments from the public. ^See IDApA
31.01.01.127. As part of this process, Staff will considerthe public's input and evaluate whether
the input has bearing on Staff s position. If the public's input does have bearing on Staff s
position, that input will be reflected therein.
STAFF'S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COUNCIL,INC.J MARCH 3,2021
INTERROGATORY NO. 3: What is your procedure to allow people who are Limited
English Proficient or need an accommodation due to a disability to participate in the public
process to give input and/or feedback in the consideration ofthe rate increase requested by Suez?
STAFF RESPONSE TO INTERROGATORY NO. 3: Please see IDAPA
31.01.01.127, which describes Staff s only involvement with collecting comments from the
public. Also, please see IDAPA 31.01.01.242 (Facilities at or for Hearing and ADA
Requirements).
STAFF'S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COUNCIL,INC.4 MARCH 3,2021
TNTERROGATORY No.4: Speciff what federal funding you and Suez receive
STAFF RESPONSE TO INTERROGATORY NO. 4: The Commission receives
federal funding from the U.S. Department of Transportation's Pipeline Safety Program Grant and
the Pipeline Safety One Call Grant. The funds from the Pipeline Safety One CaIl Grant are not
expended by the Commission, however; the Idaho Division of Building Safety expends the
funds.
Staff is unaware of what federal funding SUEZ receives, if any.
STAFF'S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COI.INCIL,INC.5 MARCH 3,2021
INTERROGATORY NO. 5: Describe each and every study, investigation or inquiry
that you and/or Suez conducted regarding the impact that the rate increase that Suez has
requested in this proceeding will have on low-income housing consumers in the relevant service
atea,
STAFF RESPONSE TO INTERROGATORY NO. 5: Commission Staff has not
conducted a study, investigation, or inquiry regarding the impact that the rate increase SUEZ has
requested in this proceeding will have on low-income housing customers in the relevant service
area. Nor has Commission Staff received any such study, investigation, or inquiry conducted by
SUEZ.
STAFF'S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COUNCIL,INC.6 MARCH 3,2021
REQUEST NO. 1: Produce a copy of each and every item pertaining to any study,
investigation or inquiry that you and/or Suez conducted regarding the impact that the rate
increase that Suze has requested in this proceeding will have on low-income housing consumers
in the relevant service area described or discussed in your response to Interrogatory No. 5 above.
srAFx'RESPONSE To REQUEST No. l: See Response to Interrogatory No. 5
STAFF'S PRODUCTION RESPONSE
TO INTERMOTINTAIN FAIR HOUSING
COI.INCIL, fNC.7 MARCH 3,2021
INTERROGATORY NO. 6: In the event that either you or Suez has conducted any
study, investigation or inquiry regarding the impact that the rate increase that Suez has requested
in this proceeding will have on low-income housing consumers in the relevant service area,
describe the consideration that you have given or will give each study, investigation or inquiry in
considering the rate increase requested by Suez.
STAFF RESPONSE TO INTERROGATORY NO. 6: See Response to Interrogatory
No.5
STAFF'S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COUNCIL, fNC.8 MARCH 3,2021
INTERROGATORY NO. 7: In the event that either you or Suez has conducted any
study, investigation or inquiry regarding the impact that the rate increase that Suez has requested
in this proceeding will have on low-income housing consumers in the relevant service area,
describe the consideration given therein to individuals on the basis of race, color, religion, sex,
national origin, presence of minor children, disability, age, sexual orientation, gender identity
and income.
STAFF RESPONSE TO INTERROGATORY NO. 7: See Response to Interrogatory
No.5.
STAFF'S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COUNCIL,INC.9 MARCH 3,2021
INTERROGATORY NO. 8: Describe what consideration you have given or will give
to the fact that Suez unilaterally incurred expenses by making alterations to its system prior to
seeking approval ofthe rate increase it has requested.
STAFF RESPONSE TO INTERROGATORY NO. 8: Staff will caretully consider
whether expenditures for which SUEZ seeks recovery were prudently incurred. However, a
utility unilaterally incurring expenses by making alterations to its system prior to seeking arate
increase is customary. It is a utility's statutory responsibility to provide safe and reliable service.
See ldaho Code $ 6l-302. It is an established practice in Idaho that utilities-such as SUEZ-
will incur expenses to meet their statutorily required duties and later come to the Commission
requesting recovery of those expenses.
STAFF' S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COUNCIL,INC.10 MARCH 3,2021
INTERROGATORY NO. 9: Will you require Suez to address and/or remediate water
quality issues as part of your consideration whether to approve the rate increase it has requested?
STAFF RESPONSE TO INTERROGATORY NO. 9: Staff has and will continue to
consider water quality issues as part of this proceeding to the extent appropriate in a rate case.
Most of the expenditures included for recovery in this rate case were incurred to provide safe and
reliable service and are not directly tied to poor water quality issues. To the extent that Staff
believed costs incurred in the test year by SUEZ to address issues of water quality were
unreasonable, Staff would make an adjustment.
Staff is following water quality issues on the Boise Bench outside of a formal
proceeding and is involved in reviewing solutions that will hopefully resolve this issue for
affected customers. Additionally, if Staff did not believe the Company was actively pursuing
solutions to resolve the issue, Staff would make other recommendations. However, the authority
to require SUEZ to take any particular action rests with the Commission, not Staff.
STAFF'S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COUNCIL,INC.1l MARCH 3,2021
INTERROGATORY NO. 10: Will Suez increase its profitability in the event that you
approve atate increase for Suez?
STAFF RESPONSE TO INTERROGATORY NO. 10: Staff has no authority to alter
rates. Staff only makes recommendations to the Commission based on its investigation. The
authority to alter rates rests with the Commission. Although it is premature to speculate as
settlement negotiations are ongoing, if the Commission does approve arate increase for SUEZ,
suEZ will see an increase in revenues and likely increase its profitability.
STAFF' S PRODUCTION RESPONSE
TO INTERMOUNTAIN FAIR HOUSING
COUNCIL,INC.t2 MARCH 3,2021
INTERROGATORY NO. 11: In the event that Suez will increase its profitability in the
event that you approve arate increase for it, specifu what the increase in profitability will be.
srAFF RESPONSE To INTERROGATORY No. lt: See Responses to
Interrogatory No. 10. Specifically, the amount by which SUEZ would increase its profitability
would depend on the outcome of this proceeding and the Commission's final decision.
Dated at Boise, Idaho, this ^dJ day of March2l2l
Matt Hunter
Deputy Attorney General
i:umisc:prodreq/suzw20.2dhtnc response to IFHC prod req
STAFF'S PRODUCTION RESPONSE
TO INTERMOTINTAIN FAIR HOUSING
COUNCIL,INC.l3 MARCH 3,2021
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 3'd DAY OF MARCH 2021,
SERVED THE FOREGOING STAFF'S RESPONSE TO INTERMOUNTAIN FAIR
HOUSING COUNCIL, INC.'S FIRST PRODUCTION REQUEST, IN CASE
NO. SUZ-W-20-02, BY E-MAILING A COPY THEREOF TO THE FOLLOWING:
MICHAEL C CREAMER
PRESTON N CARTER
GIVENS PURSLEY LLP
PO BOX2720
BOISE tD 83701-2720
E-MAIL: [e-mail]
prestoncarler@ givenspurslev. com
DAVID NJUGI-]NA
MGR _ REGULATORY BUSINESS
SUEZ WATER MGMNT & SERVICES CO
461 FROM ROAD SUITE 4OO
PARAMUS NJ 07052
E-MAIL: David.nj [e-mail]
LORNA K. JORGENSEN
JOHN C. CORTABITARTE
ADA COUNTY PROSECUTING
ATTORNEY'S OFFICE
CIVI DIVISION
2OO W. FRONT STREET, ROOM 3191
BOISE,ID 83702
E-MAIL: [e-mail]. gov
i cortabitarte@adacounty. id. eov
NORMAN M. SEMANKO
PARSONS BEHLE & LATIMER
8OO W. MAIN ST., STE.I3OO
BOISE, TD 83702
E-MAIL: NSemanko@f arsonsbehle.com
Boi sedocket@parsonsbehle. com
MARY R. GRANT
SCOTT B. MUIR
DEPUTY CITY ATTORNEY
BOISE CITY ATTORNEY'S OFFICE
150 N. CAPITOL BLVD.
P.O. BOX 500
BOISE,ID 83701-0500
E-MAIL : boisecityattomey@ cit.vofboise. org
MARTY DURAND
PIOTROWSKI DURAND PLLC
1O2O MAIN ST., STE.44O
P.O. BOX 2864
BOISE,ID 83701
E-MAIL: [e-mail]
BRAD M. PURDY
2019 N. 17rH ST.
BOISE, ID 83702
E-MAIL: bmpurd),@hotmail.com
KEN NAGY
ATTORNEY AT LAW
P.O. BOX 164
LEWISTON, ID 83501
E-MAIL: [e-mail]
CERTIFICATE OF SERVICE
AUSTIN RUESCHHOFF
THORVALD A. NELSON
555 lTrH ST., STE. 3200
DENVER, CO 80202
E-MAIL: [e-mail]
tnelson@hollandhaft . com
aclee@hollandhart. com
gl garganomari @.hollandhart. com
NM SWIER
GREG HARWOOD
MICRON TECHNOLOGY, INC.
SOOO S. FEDERAL WAY
BOISE, ID 83707
E-MAIL: [e-mail]
[e-mail]
ZOE ANN OLSON
EXCUTIVE DIRECTOR
INTERMONTAIN FAIR HOUSING
COUNCIL INC
4696W OVERLAND RD, STE 140
BOISE ID 83705
E-MAIL: [e-mail]
CERTIFICATE OF SERVICE