20211022Decision Memo.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: DAYN HARDIE
DEPUTY ATTORNEY GENERAL

DATE: OCTOBER 22, 2021

SUBJECT: IN THE MATTER OF THE JOINT APPLICATION OF SUEZ WATER
IDAHO, INC., TO ACQUIRE EAGLE WATER COMPANY; CASE NOS.
SUZ-W-18-02 AND EAG-W-18-01.

On November 15, 2018, Eagle Water Company, Inc. (“Eagle Water”) and SUEZ Water
Idaho Inc. (“SUEZ”) applied for approval of the acquisition of Eagle Water’s assets by SUEZ.
This case was subsequently stayed pending final resolution of Case No. CV01-19-03534 in the
District Court for the Fourth Judicial District, State of Idaho, Ada County. Order No. 34292.
On January 10, 2019, before this case was stayed for resolution of the District Court
Case, the Commission granted Community Action Partnership Association of Idaho’s (“CAPAI”)
petition for intervention. Order No. 34229.
On June 8, 2021, Eagle Water and SUEZ filed a motion to recommence proceedings
(“Motion”) in this docket. The same day, Eagle Water and SUEZ filed an amendment to its joint
application requesting approval of the acquisition of Eagle Water assets by SUEZ.
On July 14, 2021, the Commission issued a Notice of Amended Application granting
SUEZ and Eagle Water’s Motion. Order No. 35104.
On October 4, 2021, CAPAI filed a motion for withdrawal (“Motion”) pursuant to
Commission Rule 45, IDAPA 31.01.01.045. CAPAI cited the “unusual procedural course” this
case has taken since it was filed and the recent transition of its Executive Director as reasons for
its requested withdrawal.

DECISION MEMORANDUM 2

STAFF RECOMMENDATION
Staff recommends the Commission grant CAPAI’s Motion. Additionally, Staff
recommends the Commission direct the Commission Secretary to issue a Third Amended Notice
of Parties to memorialize CAPAI’s withdrawal from this case.
COMMISSION DECISION
Does the Commission wish to grant CAPAI’s Motion? If yes, does the Commission
direct the Commission Secretary to issue a Third Amended Notice of Parties to memorialize
CAPAI’s withdrawal from this case?

__________________________
Dayn Hardie
Deputy Attorney General

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