190328 EWC-Suez stay decision.pdf

Case No: EAG-W-18-01 and SUZ-W-18-02
Order No: 34292
Contact: Matt Evans
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State regulators stay case involving proposed sale
of Eagle Water Company to Suez Water Idaho
BOISE (March 28, 2019) – The Idaho Public Utilities Commission has approved the
suspension of a case involving the proposed sale of Eagle Water Company to Suez Water
Idaho.
The Commission stayed the case pending a final resolution of civil litigation involving Eagle
Water.
Eagle Water and Suez filed a joint application for Commission approval of the proposed
sale in late 2018. The proposal calls for a purchase price of $10 million as well as significant
rate increases for the approximately 4,200 customers of Eagle Water.
In late February, the city of Eagle filed a Complaint for Declaratory and Other Relief against
Eagle Water in 4th District Court.
The city’s complaint states that an Inertie Agreement it reached with Eagle Water in 2008
granted the city “notice and opportunity to match any bona fide offer Eagle Water received
for the purchase of any part or all of its system.”
In early March, the parties to the case agreed that a postponement was in order in light of
the litigation.
On March 21, Suez filed an Unopposed Motion for Stay with the Commission.
The Commission’s order approving the motion calls for the applicants to provide the
Commission and other parties to the case with quarterly reports on the litigation’s status.
The Commission also retained full jurisdiction over the application.
Since Eagle Water is a regulated utility, as is Suez, the sale of its system to Suez, the city of
Eagle or any other entity is subject to Commission approval.
All documents related to this case are available here. Or go to the Commission’s web site,
www.puc.idaho.gov, click on “Open Cases” under the “Water” heading and scroll down to
case number EAG-W-18-01 or SUZ-W-18-02.