HomeMy WebLinkAbout20160408Decision Memo.pdfDECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: BRANDON KARPEN
DEPUTY ATTORNEY GENERAL
DATE: APRIL 7, 2016
SUBJECT: JOINT STIPULATION AND MOTION TO FURTHER SUSPEND
EFFECTIVE DATE, 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.
Now pending before the Commission is a Joint Stipulation and Motion to further
suspend the Application.
STIPULATION
Staff and Eagle Water (the only parties to this action) are engaged in settlement
discussions that could resolve the entire case. However, in spite of the parties’ diligent work,
they do not foresee reaching a resolution before the current suspension date of June 8, 2016.
Accordingly, the parties agree that this case should be further suspended until September 6,
2016, pursuant to Idaho Code § 61-622(4), which allows the Commission to permanently or
further suspend an effective date with the written consent of the applicant (provided).
DECISION MEMORANDUM 2
In order to avoid a perpetual suspension of the case, Staff and Eagle Water have
further agreed that by July 1, 2016, Eagle Water shall inform Staff of its position on settlement,
or if the Company would rather set a schedule for Modified Procedure for the Application. If
Eagle Water does not inform Staff of its position by July 1, 2016, the parties agree that the
Application shall be considered automatically withdrawn and an Order dismissing the
Application without prejudice should be issued.
MOTION
The parties have moved for an Order from the Commission consistent with their
Stipulation to suspend the effective date, and require notice by July 1, 2016, from Eagle Water of
its position on proceeding with the Application.
COMMISSION DECISION
Does the Commission wish to suspend the proposed effective date for an additional
90 days, until September 6, 2016?
Does the Commission wish to order Eagle Water to notify Staff of its position on
settlement or request proceeding on the underlying Application by July 1, 2016, and that, if
Eagle Water fails to provide such notice, the underlying Application shall be considered
automatically withdrawn and the Commission may issue an Order dismissing the Application
without prejudice?
M:EAG-W-15-01_bk2