20160810order_no_33567.pdf

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF EAGLE WATER
COMPANY'S APPLICATION FOR
AUTHORITY TO IMPLEMENT A
CUSTOMER SURCHARGE
)
) CASE NO. EAG-W-15-01
)
) ORDER NO. 33567 __________________ )
Ollicc of the Secretary
Service Date
August 10, 2016
In November 2015, Eagle Water Company filed an Application seeking authority to
implement a 53.82% surcharge on its customers' water usage. The Company requested that the
case be processed via Modified Procedure and that the surcharge become effective in
approximately 30 days. The Commission initially suspended the proposed effective date until
March 10, 2016. Order No. 33430.
On March 4, 2016, with the Company's concurrence, Staff moved to further suspend
the proposed effective date for an additional 90 days. The Commission granted that Motion and
suspended the effective date until June 8, 2016. On April 8, 2016, Eagle Water and Commission
Staff (the parties) filed a Joint Stipulation and Motion to further suspend the pending Application
for an additional 90 days. The Commission granted the joint Motion and suspended the effective
date until September 6, 2016. Order No. 33509.
The parties have reported to the Commission that resolution of the Application cannot
be achieved by September 6, 2016.
THE MOTION
The effective date of the surcharge proposed in the Company's Application has been
suspended three times. The first suspension was at the Commission's discretion. The second
and third suspensions came by requests of the parties and relate to the Company's need for
additional time to locate documents and to consider settlement options and alternatives. For
those same reasons, the parties have again requested additional time to process this case.
Rather than seek an additional suspension of the effective date, the parties now jointly
come before the Commission to request a stay of proceedings, not to exceed one year.
Specifically, the parties have requested that this case be stayed until the Company is fully
prepared to proceed, and a joint motion to lift the stay is made by the parties. If no joint motion
to lift the stay is made within one year's time, the parties agree that the Application be dismissed
by the Commission on Staff motion.
ORDER NO. 33567
COMMISSION FINDINGS
After reviewing the Joint Stipulation and Motion, we find good cause to grant the
Motion and stay proceedings in this matter. No party will be prejudiced by the stay, and no harm
will come to ratepayers as a result. We will consider lifting the stay upon a joint motion of the
parties.
Further, we find it appropriate to adopt the parties' agreement that the Application be
dismissed on Staff motion should the stay exceed one year. See Procedure Rule 248 ("[t]he
Commission is not bound to adopt a stipulation of the parties, but may by order do so").
Accordingly, pursuant to the Commission's authority under Idaho Code § 61-622(4) and
Procedural Rules 248 and 256 (IDAPA 31.01.01.248, .256), we grant the Joint Stipulation and
Motion.
ORDER
IT IS HEREBY ORDERED that the parties' Motion is granted. Proceedings in this
matter are stayed until such a time that the parties file a joint motion to lift the stay.
IT IS FURTHER ORDERED that if the stay is not lifted by a joint motion of the
parties within one year, Staff will move, and the Commission may grant, an Order dismissing the
Application.
ORDER NO. 33567 2
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / ()-M
day of August 2016.
ATTEST:
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::mission ~retary
O:EAG-W-l 5-0l_bk4_Stay
ORDER NO. 33567
ERIC ANDERSON, COMMISSIONER
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