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HomeMy WebLinkAbout20210323Eighth Quarterly Status Report.pdfMichael C. Creamer (ISB No. 4030) Preston N. Carter (ISB No. 8462) Givens Pursley LLP 601 W. Bannock St. Boise, ID 83702 Telephone: (208) 388-1200 Facsimile: (208) 388-1300 mcc@givenspursley.com prestoncarter@givenspursley.com 15588717_3.doc (30-174) Attorneys for SUEZ Water Idaho Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT APPLICATION OF SUEZ WATER IDAHO AND EAGLE WATER COMP ANY FOR THE ACQUISITION OF EAGLE WATER COMPANY Case Nos. SUZ-W-18-02/ EAG-W-18-01 JOINT APPLICANTS' EIGHTH QUARTERLY STATUS REPORT COMES NOW SUEZ Water Idaho Inc. ("SUEZ"), with the concurrence of Eagle Water Company, Inc. ("Eagle Water"), and pursuant to Commission Order 34292, provides the Commission and other parties with this quarterly report on the current status of Case No. CV0 1- 19-03534 in the District Court, Fourth Judicial District (the "District Court Case"). Eagle Water, SUEZ and the City of Eagle have entered into a Settlement Agreement settling the parties' respective claims. A Stipulation of Dismissal was filed with the Court on February 24, 202 I. The Court's Order of Dismissal was entered March 8, 2021 dismissing all claims and counterclaims with prejudice, except with respect to the City of Eagle's ability to refile its claims in the event that the sale of the assets of Eagle Water to SUEZ is not completed. The Court retains jurisdiction over the matter for purposes of enforcing the parties' Settlement Agreement and Mutual Release. Eagle Water and SUEZ are in the process of amending their Asset Purchase Agreements to comport with certain Settlement terms and to address timing-based and due diligence terms JOINT APPLICANTS' EIGHTH QUARTERLY STATUS REPORT-1 that have been affected by the passage of time since those agreements were executed. Eagle Water and SUEZ anticipate filing appropriate pleadings and testimony with the Commission to reinitiate this proceeding within the next thirty to forty-five days. DATED this 23rd day of March, 2021. SUEZ Water Jdaho Inc. By: ~/,~ Michael C. Creamer Givens Pursley LLP Attorneys for SUEZ Water Idaho Inc. JOINT APPLICANTS' EIGHTH QUARTERLY STATUS REPORT-2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 23rd day of March, 2021, a true and correct copy of the foregoing document was served on the following in the manner indicated: Jan Noriyuki Commission Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, Idaho 83720-0074 /PUC Matt Hunter DaynHardie Deputy Attorneys General Idaho Public Utilities Commission P.O. Box 83720 Boise, Idaho 83720-0074 Attorneys for /PUC Molly O'Leary BizCounselor at Law 1775 W. State St. #150 Boise, ID 83702 Counsel for Eagle Water Company Robert DeShazo Eagle Water Company, Inc. PO Box 455 Eagle, Idaho 83616-0455 Petitioner N. L. Bangle 188 W. State Street Eagle, ID 83616 Petitioner Jason Pierce, Mayor City of Eagle 660 E. Civil Lane Eagle, ID 83616 Intervenor City of Eagle [ ] by U.S. Mail [ ] by Personal Delivery (Original & 3 copies) [ ] by Facsimile [X] by E-Mail secretary@puc.idaho.gov jan.noriyuki@puc.idaho.gov [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail mhunter@puc.idaho.gov dhardie@puc.idaho.gov [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail molly@bizcounseloratlaw.com [X] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [ ] by E-Mail eaglewaterco@gmail.com [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail nbangle@h2o-solutionsllc.net [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail jpierce@cityofeagle.org tosbom@cityofeagle.org JOINT APPLICANTS' EIGHTH QUARTERLY STATUS REPORT-3 B. Newal Squyres Murray D. Feldman Holland & Hart LLP 800 W. Main Street, Suite 1750 P.O. Box 2527 Boise, ID 83702-2527 Attorneys for Intervenor City of Eagle Norman M. Semanko Parsons Behle & Latimer 800 West Main Street, Suite 1300 Boise, Idaho 83702 Attorneys for Intervenor Eagle Water Customer Group Mary Grant Scott B. Muir Deputy City Attorney Boise City Attorney's Office 150 N. Capitol Blvd. P.O. Box 500 Boise, Idaho 83701-0500 Attorneys for Intervenor, City of Boise James M. Piotrowski PIOTROWSKI DURAND, PLLC P.O. Box 2864 1020 W. Main Street, Suite 440 Boise, ID 83701 Attorneys for Intervenor Citizens Allied for Integrity and Accountability Brad M. Purdy Attorney at Law 2019 N. 17th Street Boise, ID 83702 Attorney for Community Action Partnership Association of Idaho [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail nsquyres@hollandhart.com mfeldman@hollandhart.com [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail NSemanko@parsonsbehle.com ecf@parsonsbehle.com [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail boisecityattomey@cityofboise.org [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X]by E-Mail James@idunionlaw.com [ ] by U.S. Mail [ ] by Personal Delivery [ ] by Facsimile [X] by E-Mail bmpurdy@hotmail.com Michael C. Creamer JOINT APPLICANTS' EIGHTH QUARTERLY STATUS REPORT-4