20160408Joint Stipulation & Motion to Suspend.pdf

RTCEIVED
?0t6 t[,R -B AH il:29BRANDON KARPEN, ISB No. 7956
Deputy Attomey General
P.O. Box 83720
Boise, Idaho 83720-007 4
Telephone: [phone]
brandon.karpen@puc. idaho. gov
Attorney for C ommis sion Staff
Molly O'Leary, ISB No.4996
BizCounsel or @Law, PLLC
1775 W. State Street #150
Boise,Idaho 83702
Telephone: [phone]
Molly@B izCounselorAtlaw.com
Attorneys for Eogle Water Company, Inc.
IN THE MATTER OF EAGLE WATER
COMPATIY'S APPLICATION FOR
AUTHORITY TO IMPLEMENT A
CUSTOMER SURCHARGE
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. EAG.W.15.O1
JOINT STIPULATION AND
MOTION TO FURTHER SUSPEND
APPLICATION
The Staff of the Idaho Public Utilities Commission and Eagle Water Company
(ointly, o'parties"), by and through their counsel of record, stipulate and agree to the following:
STIPULATION
I . On November 10, 2015, Eagle Water filed an Application seeking authority to
implement a 53.82%o 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
suspen<iing the proposed effecti'ie date for a period of 90 days, until March 10, 2b 16.
JOINT STIPULATION AND
MOTION TO STAY APPLICATION
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. Staff and Eagle Water, the only parties appearing in this action, are engaged in
settlement discussions that could resolve the entire case. Although the parties have worked
diligently toward resolving the issues, they do not foresee reaching a complete resolution before
the current suspended effective date of June 8,2016. Therefore, the parties agree and Eagle
Water expressly consents that this case should be further suspended until September 6, 2016,
pursuant to ldaho Code $ 6l-622(q.l
4. The parties further agree that by July 1,2076, 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 l,2016,the
parties agree that the Application shall be considered automatically withdrawn and the
Commission may issue an Order dismissing the Application without prejudice.
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:
l. Issue an Order further suspending the effective date in this matter until September 6,
2016:' and
2. Order Eagle Water to notify Staff of its position on settlement or request the setting of
a modified procedure schedule on the underlying Application by the close of business
on July 1,2016. 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.
DATED this?%ay of April z)t 6.DATED this 7th day of April20l6.
'lrr,-
Molly O'
Water
t Idaho Code $ 6l-622(4) provides in pertinent part that "the commission may
the party filing [the application], permanently or further suspend the [effecti
JOINT STIPULATION AND
MOTION TO STAY APPLICATION
Attorney for Commis sion Staff
ith the consent in writing signed by
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 8TH DAY OF APRIL 2016,
SERVED THE FOREGOING JOINT STIPULATION AND MOTION TO FURTHER
SUSPEND APPLICATION, IN CASE NO. EAG-W-15-01, BY MAILING A COPY
THEREOF, POSTAGE PREPAID, TO THE FOLLOWING:
MOLLY O'LEARY
BIZCOT]NSELOR AT LAW
1775 W STATE ST #I5O
BOISE TD 83702
ROBERT V DESHAZO, JR.
PRESIDENT
EAGLE WATER COMPANY, INC.
P.O. BOX 455
E-MAIL: nioll)'@trizcounseloratlaw..com EAGLEID83515
E-MAIL: eaglewartelco(0gmail.com
hu*Lrl,wlrt
SECRETARY
CERTIFICATE OF SERVICE