20160808_5029.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: BRANDON KARPEN
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 4, 2016
SUBJECT: JOINT STIPULATION AND MOTION TO STAY PROCEEDINGS,
CASE NO. EAG-W-15-01
On November 10, 2015, Eagle Water Company filed an Application seeking authority
to implement an immediate and temporary surcharge of 53.82% on customers’ water usage in
excess of 600 cubic feet per month. Eagle Water requested that its Application be processed via
Modified Procedure and that the surcharge become effective upon Commission Order. On
December 3, 2016, the Commission issued Order No. 33430, issuing notice of Eagle Water’s
Application, setting an intervention deadline, and suspending the proposed effective date for a
period of 90 days, until March 10, 2016.
On March 4, 2016, with Eagle Water’s concurrence, Staff filed a Motion to further
suspend the proposed effective date in this matter for an additional 90 days, until June 8, 2016.
The Commission approved the Motion in Order No 33478. On April 7, 2016, the Staff and
Eagle Water (the parties) stipulated to a further suspension to September 6, 2016, and filed a
Motion with the Commission to approve the same. The Commission approved the Motion in
Order No 33509.
The parties now jointly come before the Commission requesting a stay of
proceedings.
STIPULATION
The parties will not be able to reach a resolution in this case before the current
suspension date of September 6, 2016. Accordingly, rather than request another suspension, the
parties have agreed that this case should be stayed until the Company is fully ready to proceed,
DECISION MEMORANDUM 2
but no longer than one year. Idaho Code § 61-622(4) allows the Commission to permanently or
further suspend an effective date with the written consent of the applicant (see attached).
MOTION
The parties have moved for an Order from the Commission issuing a stay of
proceedings, consistent with their Stipulation.
COMMISSION DECISION
Does the Commission wish to stay all proceedings in this matter as requested?
M:EAG-W-15-01_bk3
BRANDON KARPEN, ISB No. 7956
Deputy Attorney General
P.O. Box 83720
Boise, Idaho 837 20-007 4
Telephone: [phone]
Attorney for Commis sion Staff
MOLLY O'LEARY, ISB No.4996
BizCounselor@ Law, PLLC
1775W. State Street #150
Boise,Idaho 83702
Telephone: [phone]
Axorney for Eagle Water Company, Inc.
IN THE MATTER OF EAGLE WATER
COMPANY'S APPLICATION FOR
AUTHORITY TO IMPLEMENT A
CUSTOMER SURCHARGE
{.II C E IVED
?1116 ,iii$ -t+ PH 3: l0
. ;'',',,iri,i,;i8t'o*
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
)
)
)
)
)
CASE NO. EAG.W.15.O1
JOINT STIPULATION AND
MOTION TO STAY PROCEEDINGS
The Staff of the Idaho Public Utilities Commission and Eagle Water Company
(ointly, "parties"), by and through their counsel of record, stipulate and agree to the following:
STIPULATION
1. On November 10, 2015, Eagle Water filed an Application seeking authority to
implement a 53.82Vo surcharge on customers' water usage. Eagle Water requested that its
Application be processed via Modified Procedure and that the surcharge become effective in
approximately 30 days. On December 3,2015, the Commission issued Order No. 33430
suspending the proposed effective date for a period of 90 days, until March 10,2016.
2. On March 4,2016, with Eagle Water's concurrence, Staff filed a motion to further
suspend the proposed effective date in this matter for an additional 90 days, until June 8,2016.
The Commission approved the Motion in Order No. 33478.
3. On April 25,2016, pursuant to Idaho Code $ 6l-622(4), the parties jointly
stipulated to again suspend the effective date in this matter until September 6,2016. The parties
further agreed that by July 1, 20l6,Eagle Water would inform Staff of its position on settlement,
JOINT STIPULATION AND
MOTION TO STAY APPLICATION
or if the Company would rather set a schedule for modified procedure for the Application. The
Commission approved this request in Order No. 33509.
4. The parties met and discussed the case on June 28,2016. At that time, Eagle
Water requested additional time to locate documents, and consider a possible settlement.
5. On July 28,2016, the parties met again. Eagle Water stated at that time that it
needed additional time to locate documents and consider alternatives.
6. The parties agree that there is inadequate time to process the case by the
September 6,2016 effective date. Rather than suspending the case for a fourth time, the parties
have agreed to request that the Commission grant a stay of all proceedings until such time that all
relevant documents can be located by the Company, and a final decision on settlement or
proceeding to hearing be made by the Company.
7. Once all relevant documents are located, and a final determination on settlement,
if any, is made, the parties will jointly move the Commission for the lifting of the Stay. The
parties agree that the stay shall be in effect for no longer than one year, and ifno action is taken
in this matter by that time, dismissal of the application on Staff motion is proper.
8. The parties agree that a stay is appropriate, and that a further suspension is not in
the interest of judicial economy, or a good use of Staff time and resources.
9. Staff, the Company, and its customers will suffer no harm if a stay is granted.
MOTION
Staff and Eagle Water respectfully request that the Commission enter an Order consistent
with the foregoing Stipulation. Specifically, the parties request that the Commission:
1. Issue an Order staying all proceedings in this matter until a joint motion of the parties
to lift the stay is made; and
2. If no action is taken in this matter after one year, dismissal of the application on Staff
motion is proper.
DATED this4thday of August 2016.
JOINT STIPULATION AND
MOTION TO STAY APPLICATION
tyA
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 4TH DAY OF AUGUST 2016,
SERVED THE FOREGOING JOINT STIPULATION AND MOTION TO STAY
PROCEEDINGS, IN CASE NO. EAG-W-15-01, BY MAILING A COPY THEREOF,
POSTAGE PREPAID, TO THE FOLLOWING:
MOLLY O'LEARY ROBERT V DESHAZO, JP..
BIZCOUNSELOR AT LAW PRESIDENT
1775 W STATE ST #150 EAGLE WATER COMPANY, INC.
BOISE rD 83702 P.O. BOX 455
E-MAIL: [e-mail] EAGLEID83515
E-MAIL: eaglewaterco(@,gmail.com
\i,1\h"Ao-W
SECRETARY
CERTIFICATE OF SERVICE