HomeMy Public PortalAboutExhibit RC 58 - Resolution to Adopt Revised Procedural ScheduleExhibit RC 58
RESOLUTION OF THE RATE COMMISSION OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT TO ADOPT A
REVISED PROCEDURAL SCHEDULE FOR THE
CONSIDERATION OF A RATE CHANGE NOTICE FROM THE
METROPOLITAN SEWER DISTRICT CONCERNING
STORMWATER RATES AND AUTHORIZING THE ACTIONS OF
CERTAIN OFFICERS OF THE RATE COMMISSION
WHEREAS, the Board of Trustees ("Board") of the Metropolitan St. Louis Sewer
District ("District"), pursuant to § 7.040 of the Charter Plan, approved by the voters of St. Louis
and St. Louis County at a special election on February 9, 1954, as amended at a general election
on November 7, 2000, has established the Rate Commission ("Rate Commission") to review and
make recommendations to the Board regarding proposed changes in wastewater rates,
stormwater rates, and tax rates; and
WHEREAS, upon receipt of a Rate Change Notice ("Rate Change Notice") from the
District and pursuant to §§ 7,040, 7.280(b) of. the Plan, the Rate Commission is to recommend
changes in a wastewater, stormwater, or tax rate to the Board necessary to pay (i) interest and
principal falling due on bonds issued to finance assets of the District, (ii) the costs of operation
and maintenance and (iii) such amounts as may be required to cover emergencies and anticipated
delinquencies; and
WHEREAS, any change in a rate recommended to the Board by the Rate Commission
pursuant to § 7.270 of the Plan is to be accompanied by a statement of the Rate Commission that
the proposed rate change (i) is consistent with constitutional, statutory, or common law as
amended from time to time; (ii) enhances the District's ability to provide adequate sewer and
drainage systems and facilities, or related services; (iii) is consistent with and not in violation of
any covenant or provision relating to any outstanding bonds or indebtedness of. the District; (iv)
does not impair the ability of the District to comply with applicable Federal or State laws or
regulations as amended from time to time; and (v) imposes a fair and reasonable burden on all
classes of ratepayers; and
WHEREAS, the Rate Commission pursuant to § 7.250 of the Plan is authorized to
promulgate such operational rules, regulations, and procedures which are not inconsistent with
Article 7 of the Plan; and
WHEREAS, in order to meet its obligations under the Charter Plan and pursuant to §
7.280(e) of the Plan, the Rate Commission adopted on August 16, 2001, Operational Rules,
Regulations, and Procedures as amended on March 21, 2002, April 16, 2003, March 2, 2007,
January 18, 2008, March 7, 2011, March 4, 2015, and February 26, 2018 (the "Operational
Rules") to govern the activities of the Rate Commission; and
WHEREAS, the Rate Commission received on February 26, 2018, from the District a
Rate Change Notice for stormwater rates; and
WHEREAS, the Rate Commission pursuant to § 7.280(f) of the Plan is to issue its Rate
Commission Report to the Board and to the public no later than June 26, 2018, unless the Board
shall, upon application of the Rate Commission, extend that date for a 45-day period as provided
by Section 7.280(f) of the Charter Plan; and
WHEREAS, on March 5, 2018, the Rate Commission adopted a Procedural Schedule in
accordance with the Operational Rules and Plan sufficient to issue its Report by June 26, 2018;
and
WHEREAS, Public Notice of the Rate Commission Proceedings was published in the St.
Louis Post Dispatch and in the St. Louts American; and
WHEREAS, on April 10, 2018, Intervenor, Missouri Industrial Energy Consumers
("MTEC"), filed with the Rate Commission a Request to Modify the Procedural Schedule (the
"Request"), which essentially requests that the Rate Commission seek an extension from the
Board of Trustees in that there is not sufficient time in the current 120-day schedule to permit the
parties and the Rate Commission to carefully and completely consider all issues and render a
Report to the Board of Trustees by June 26, 2018; and
WHEREAS, on April 16, 2018, the Rate Commission agreed to postpone certain
upcoming requirements under the current Procedural Schedule and to request the 45-day
extension from the Board of Trustees as permitted under the Charter; and
WHEREAS, on May 1, 2018, the Board of Trustees granted the Rate Commission
request for extension until August 10, 2018, to file its Report; and
WHEREAS, the Rate Commission finds and determines that the adoption of a Revised
Procedural Schedule is feasible, necessary and in the public interest of the Rate Commission, the
District, and those persons who wish to be heard on the Proposed Rate Change, and serves a
public purpose of the Rate Commission, the District, and those persons who wish to be heard;
NOW, THEREFORE, the Rate Commission DOES HEREBY RESOLVE, DETERMINE
AND ORDER as follows:
Section 1. Preambles Incorporated. The Rate Commission hereby finds and
determines those matters set forth in the preambles hereof as fully and completely as if set out in
full in this Section 1.
Section 2. Revised Procedural Schedule. The Rate Commission hereby approves and
adopts the Revised Procedural Schedule (attached hereto as Exhibit A and made a part hereof)
pursuant to this Resolution for the submission of Rebuttal Testimony and Surrebuttal Testimony,
the conduct of Technical Conferences and a Prehearing Conference, the conduct of Public
Hearings, and related matters to permit the Rate Commission to render its Rate Commission
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Report to the Board; and for the authorized Rate Commission purposes set forth in the preambles
hereof, and the officers of the Rate Commission are hereby authorized and directed to make any
such changes, modification, insertions and omissions as may be consistent with the intent of this
Resolution and as may be deemed necessary or desirable to effect the Revised Procedural
Schedule, with the necessity or desirability of such changes, modifications, insertions and
omissions being conclusively evidenced by their execution thereof.
Section 3, Public Notice. The .Rate Commission authorizes and directs its Public
Affairs Committee, through its Chair, to determine what, if any, additional publication is
necessary or desirable regarding the Revised Procedural Schedule, and authorizes any costs
associated therewith.
Section 4. Rate Commission Report. The Rate Commission intends to deliver its
Rate Commission Report to the Board representing the majority view and minority views, daily,
of the Rate Commission Delegates no later than August 10, 2018.
Section 5. Actions of Officers Ratified and Authorized.
(a) All acts of the officers of the Rate Commission, the Consultant, and Legal
Counsel which have been taken or made to carry out and perform the purposes of the Revised
Procedural Schedule and this Resolution are hereby ratified and approved.
(b) The officers of the Rate Commission, the Consultant and Legal Counsel shall be,
and they hereby are, authorized and directed to execute all documents and take such actions as
they may deem necessary or advisable in order to carry out and perform the purposes of this
Resolution, and as necessary a Revised Procedural Schedule and a Revised Publication of
Notice, and the execution of such documents or taking of such action shall be conclusive
evidence of such necessity or advisability.
Section 6. Severability. It is hereby declared to be the intention of the Rate
Commission that each and every part, section and subsection of this Resolution shall be separate
and severable from each and every other part, section and subsection hereof, and that the Rate
Commission intends to adopt each said part, section and subsection separately and independently
of any other part, section and subsection. In the event that any part, section or subsection of this
Resolution shall be determined to be or to have been unlawful or unconstitutional, the remaining
parts, sections and subsections shall be and remain in full force and effect, unless the court
making such finding shall determine that the valid portions standing alone are incomplete and are
incapable of being executed in accordance with the intent of this Resolution.
Section 7. Governing Law, The laws of the State of Missouri shall govern this
Resolution.
Section 8,
its passage.
Effective Date. This Resolution shall become effective immediately upon
ADOPTED by the Rate Commission this 17th day of May, 2018.
Al I EST:
Its
THE RATE COMMISSION OF THE
METROPOLITAN ST. LOUIS SEWER
DISTRICT
ByS_
Its
4
EXHIBIT A
REVISED PROCEDURAL SCHEDULE
OF THE RATE COMMISSION OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT
FOR CONSIDERATION OF A STORMWATER RATE CHANGE NOTICE
Pursuant to § 7.280(e) of the Charter Plan ("Plan") of the Metropolitan St. Louis Sewer District
("District") approved by the voters of St. Louis and St. Louis County at a special election on February 9,
1954, as amended at a general election on November 7, 2000; § 3(3) of the Operational Rules,
Regulations, and Procedures (the "Operational Rules") adopted by the Rate Commission of the District on
August 16, 2001, as amended March 21, 2002, April 16, 2003, March 2, 2007, January 18, 2008, March
7, 2011, March 4, 2015, and February 26, 2018, and a Resolution of the Rate Commission adopted on
March 5, 2018, the following Procedural Schedule shall apply during the consideration of the Stormwater
Rate Change Notice.
Section 1. Rate Setting Documents.
(a) Pursuant to § 3(2) of the Operational Rules, the Rate Commission requests that the
District deliver by March 1, 2018, to each member of the Rate Commission, Black & Veatch (the
"Consultant"), and Lashly & Baer, P.C. ("Legal Counsel") the direct testimony, accounting schedules,
economic and engineering analyses, legal memoranda, reports, memoranda, contracts for services and any
other information or data ("Rate Setting Documents") that may be required to fully demonstrate and
explain:
(i)
fair and reasonable;
why the Proposed Rate Change set forth in the Rate Change Notice is necessary,
(ii) how the Proposed Rate Change will enhance the District's ability to provide
adequate sewer and drainage systems and facilities, or related services;
(iii) whether and to what extent the Proposed Rate Change is necessary to enable the
District to comply with any covenant or provision relating to any outstanding bonds or indebtedness of
the District, together with a specific quantification of the amount of the Proposed Rate Change that is
necessary for such purposes;
(iv) whether and to what extent the Proposed Rate Change is necessary to enable the
District to comply with applicable Federal or State laws or regulations as amended from time to time,
together with a specific quantification of the amount of the Proposed Rate Change that is necessary for
such purposes;
(v) why the burden imposed on each class of ratepayers by the Proposed Rate
Change is fair and reasonable, including whether and how cost of service considerations, cost causation
principles, customer impact data, economic development considerations, environmental effects and other
factors have or have not been factored into such determination;
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(vi) the measures taken by the District to ensure that the cost of constructing and
maintaining the District's facilities and providing related services are being incurred in a reasonable and
efficient manner, including copies of all internal or external audit reports that address such matters;
(vii) how, whether and to what extent the Proposed Rate Change will affect, impact
and comply with the Consent Decree effective April 27, 2012, by and between the United States of
America, the State of Missouri, the Missouri Coalition for the Environment Foundation and the District;
and
(viii) the name, address and telephone number and email of each person submitting
and sponsoring such direct testimony.
(b) If the Rate Setting Documents are voluminous in nature, such documents may be
referenced and described in the District's direct testimony, provided that copies of such Documents shall
be made available to any Rate Commission member upon request.
Section 2. Applications to Intervene.
(a) Pursuant to § 3(4) of the Operational Rules, any person who would be affected by the
Proposed Rate Change may, on or before March 19, 2018, submit an application to intervene in the
proceedings established by the Rate Commission to consider the Proposed Rate Change. Such
application to intervene shall be filed at the principal office of the Rate Commission with copies to the
District, the Consultant, and Legal Counsel, and shall:
(i) provide the name, address, telephone number and email address of the person
seeking to intervene and any other person on whose behalf such intervention is sought;
(ii) describe the person's interest in the Proposed Rate Change;
(iii) specify whether or not the person intends to submit prepared written testimony;
and
(iv) indicate whether or not the person is in agreement to respond to discovery
submitted in connection with such person's testimony.
(v) An Application to Intervene will be deemed granted unless rejected by the
Commission.
(b) Neither the District nor any person or persons engaged by the Commission to review the
Proposed Rate Change shall be required to seek intervention in order to participate in the proceedings
established to review the Proposed Rate Change.
(c) The Commission has established a sample form to be used for Applications to Intervene
for this Stormwater Rate Change Proceeding which meets these requirements and is attached to this
Procedure Schedule as Attachment 1. Applications to Intervene meeting the above requirements will be
accepted even if not submitted on the sample form.
Section 3. District Testimony and Rate Setting Document Technical Conference. Pursuant
to § 3(5) of the Operational Rules, a Technical Conference shall be held on the record at the Metropolitan
St. Louis Sewer District, 2350 Market Street, St. Louis, Missouri 63103 on April 4, 2018, at 9:00 a.m.,
and continue on successive business days until the Rate Setting Document Technical Conference is
completed, regarding the District Testimony and the Rate Setting Documents at which Management of
the District shall answer questions propounded by the Consultant, Legal Counsel and any person
permitted to intervene.
Section 4. Submission of Rebuttal Testimony.
(a) Pursuant to § 3(6) of the Operational Rules, any interested person who is permitted to
intervene, Legal Counsel, and the Consultant may on or before May 2, 2018, submit prepared rebuttal
testimony and schedules. Such testimony shall be filed at the principal office of the Rate Commission
with copies to the District, the Consultant, Legal Counsel, and any other person permitted to intervene.
(b) Such testimony shall include all information, analysis and other supporting data
explaining why the party rejects or disagrees with any element of the Proposed Rate Change and
supporting and explaining any alternative to the Proposed Rate Change that the party wishes the Rate
Commission to consider.
Section 5. Rebuttal Testimony Technical Conference. Pursuant to § 3(5) of the Operational
Rules, a Technical Conference shall be held on the record at the Metropolitan St. Louis Sewer District,
2350 Market Street, St. Louis, Missouri 63103 on May 17, 2018, at 9:00 a.m., and continue on successive
business days until the Rebuttal Testimony Technical Conference is completed, regarding the Rebuttal
Testimony at which each person submitting rebuttal testimony shall answer questions propounded by the
District, the Consultant, Legal Counsel, and any person permitted to intervene.
Section 6. Submission of Surrebuttal Testimony.
(a) Pursuant to § 3(7) of the Operational Rules, any person who is permitted to intervene, the
District, Legal Counsel, and Consultant, may on or before May 25, 2018, submit prepared surrebuttal
testimony and schedules. Such testimony shall be filed at the principal office of the Rate Commission
with copies to the District, the Consultant, Legal Counsel, and any other person permitted to intervene.
(b) Such surrebuttal testimony shall include all information, analysis and other supporting
data explaining why the party rejects or disagrees with the Rebuttal Testimony submitted by another
person.
Section 7. Surrebuttal Testimony Technical Conference. Pursuant to § 3(5) of the
Operational Rules, a Technical Conference shall be held on the record at the Metropolitan St. Louis
Sewer District, 2350 Market Street, St. Louis, Missouri 63103 on June 7, 2018, at 9:00 a.m., and continue
on successive business days until the Surrebuttal Testimony Technical Conference is completed,
regarding the Surrebuttal Testimony at which each person submitting surrebuttal testimony shall answer
questions propounded by the District, the Consultant, Legal Counsel, and any person permitted to
intervene.
Section 8. Prehearing Conference.
(a) Pursuant to § 3(9) of the Operational Rules, a prehearing conference for the purpose of
identifying any issues raised by the prepared testimony previously submitted in connection with the
Proposed Rate Change shall be conducted on the record at the Metropolitan St. Louis Sewer District,
2350 Market Street, St. Louis, Missouri 63103, on June 21, 2018, at 9:00 a.m. All persons submitting
testimony may participate in the Prehearing Conference.
(b) (i) Each participant in the Prehearing Conference shall submit on or before June 28,
2018, a prehearing conference report ("Prehearing Conference Report") describing the issues raised by
the prepared testimony, together with a brief description of such participant's position, if any, on each
issue and the rationale therefor.
(ii) In the event participants are able to resolve or settle any issue or issues raised in
the prepared testimony, such participants shall also include as part of the Prehearing Conference Report a
joint recommendation describing each such issue, the recommended resolution of the issue, and the
rationale therefor.
Section 9. Public Hearing. Pursuant to § 7.280(d) of the Plan and § 3(10) of the Operational
Rules, an on -the -record public hearing shall be conducted by the Rate Commission. The Public Hearing
shall:
(a) permit ratepayers and taxpayers to testify regarding the Proposed Rate Change;
(b) permit management of the District and the Board to testify regarding the Proposed Rate
Change;
(c) receive into evidence any prepared testimony previously submitted to the Rate
Commission subject to any valid objections, together with the discovery responses and transcripts of the
Technical Conferences;
(d) permit the Rate Commission members and those designated by the Commission to ask
questions regarding any issue addressed by the prepared testimony or any other element of the Proposed
Rate Change; and
(e) permit closing statements by the District, the Consultant and any person who has been
permitted to intervene.
The Public Hearing shall be conducted in several sessions as follows:
Date
Location
Address
Time
May 8, 2018
Sunset Hills
Community Center
3915 S. Lindbergh
St. Louis, MO 63127
6:00 p.m.
May 15, 2018
City of Bridgeton
Recreation Center
4201 Fee Fee Road
Bridgeton, MO 63044
6:00 p.m.
May 17, 2018
Manchester Parks,
Recreation and Arts
Center
359 Old Meramec Station Road
Ballwin, MO 63021
6:00 p.m.
May 22, 2018
Maryland Heights
Community Center
2300 McKelvey Road
Maryland Heights, MO 63043
6:00 p.m.
May 30, 2018
Streaming Meeting
Meeting Link:
http://www.ustream.ty/channel/
1:00 p.m.
NwgvA8RkuDN
Facebook:
https://www.facebook.com/msdr
atecommissionl
Twitter:
https://twitter.com/RateCommiss
ion
June 6, 2018
Forest Park Visitor
Center (Dennis &
Judith Jones Visitor and
Education Center)
5595 Grand Drive
in Forest Park
St. Louis, MO 63112
6;00 p.m.
June 29, 2018
Metropolitan St. Louis
Sewer District
2350 Market Street
St. Louis, MO 63103
9:00 a.m.
Section 10. Documents.
(a) Pleadings, briefs, prepared testimony, exhibits, schedules and similar papers
("Documents") shall in every instance display on the cover or first page the reference: "Stormwater Rate
Change Proceeding." In the event the title of the Document contains more than one proper name as a
party, it shall be sufficient in subsequent documents filed to show only the first of these names as it
appears in the first document filed, followed by an appropriate abbreviation (et al.) indicating the
existence of other parties.
(b) Documents shall be bound at the top or at an edge, shall be typewritten or printed upon
white, eight and one-half by eleven -inch paper. Attachments shall be annexed and folded to eight and
one-half by eleven -inch size whenever practicable. Printing on both sides of the page is encouraged.
Lines shall be double-spaced, except that footnotes and quotations in excess of three lines may be single-
spaced. Reproduction of any of these documents may be by any process provided all copies are clear and
permanently legible.
(c) Documents which are not in substantial compliance with this rule shall not be accepted
for filing. The Secretary of the Rate Commission may return these documents with a concise explanation
of the deficiencies and the reasons for not accepting them for filing. Tendered filings which have been
rejected shall not be entered on the Rate Commission's Record of Proceedings. (See Section 14.) The
mere fact of filing shall not constitute a waiver of any noncompliance with these rules and the Rate
Commission may require amendment of a document or entertain appropriate motions in connection with
the document.
Section 11. Filing of Documents.
(a) All documents shall be filed with the Secretary of the Rate Commission at the principal
office of the Rate Commission presently located at 2350 Market Street, St. Louis, Missouri 63103. All
general inquiries to the Rate Commission, documents, and other communications shall be addressed to
the Secretary of the Rate Commission.
(b) Any person filing a document with the Secretary of the Rate Commission shall file the
document electronically by emailing the document to Janice Fenton, Senior Office Associate,
Metropolitan St. Louis Sewer District, at jfenton@stlmsd.com. Copies of all documents filed will then be
made available on the District's website.
(c) Each document must contain the legend "Stormwater Rate Change Proceeding" and may
be accompanied by a cover letter which states the subject matter. This cover letter shall contain no matter
for Rate Commission consideration.
(d) The party filing a document shall serve each other party a copy of the Document and
cover letter. Any party may contact the Secretary of the Rate Commission for the names and addresses of
the parties.
Section 12. Methods of Service.
(a) Any person may serve a document on a represented party by:
(i) delivering it to the party's attorney;
(ii) leaving it at the office of the parry's attorney with a secretary, clerk or attorney
associated with or employed by the attorney served;
(iii) mailing it to the last known address of the party's attorney; or
(iv) facsimile transmission to the current facsimile machine of the party's attorney.
(v) transmitting it to the e-mail address of the party's attorney.
(b) Any person may serve a document on an unrepresented party by:
(i) delivering it to the party; or
(ii) mailing it to the party's last known address.
(iii) transmitting it to the party's e-mail address only if the unrepresented party has
filed such party's e-mail address with the Secretary of the Commission.
(c) Completion of service.
(i) Service by mail is complete upon mailing.
(ii) Service by facsimile transmission is complete upon actual receipt.
(iii) Service by electronic mail is complete upon actual receipt.
(d) Unless otherwise provided by these rules, the party filing a Document shall serve every
other party, the District, Legal Counsel the Consultant, and any other person permitted to intervene, a
copy of the Document and cover letter.
(e) Every Document shall include a certificate of service. Such certificate of service shall be
adequate proof of service.
Section 13. Exhibits.
(a) Exhibits shall be legible and, unless otherwise authorized by the Presiding Officer (see
Section 19), shall be prepared on standard eight and one-half by eleven -inch paper. The sheets of each
exhibit shall be numbered and rate comparisons and other figures shall be set forth in tabular form.
(b) Exhibits shall be tendered to the reporter at the time of conference or hearing without
being prenumbered, unless otherwise ordered by the Presiding Officer.
(c) All exhibits shall be marked at the time of conference or hearing, using a single series of
numbers, unless otherwise ordered by the Presiding Officer.
(d) When exhibits are offered in evidence, the original shall be furnished to the reporter, and
the party offering exhibits also shall be prepared to furnish a copy to each Rate Commission member, the
District, Legal Counsel, Consultant, and any other person permitted to intervene, unless the copies have
previously been furnished or the Presiding Officer directs otherwise.
(e) All late filed exhibits shall be submitted by simultaneously providing a copy to all
parties, and by submitting an original to the Presiding Officer. Unless otherwise ordered, any objection to
the admission of a late filed exhibit must be filed within 10 days of the date the exhibit was tendered.
Section 14. Public Records.
(a) In accordance with Section 4(1) of the Operational Rules, the Technical Conferences, the
Prehearing Conference and the Public Hearings shall be open to the public and conducted in accordance
with the provisions of Chapter 610 of the Revised Statutes of Missouri (2000), as amended from time to
time.
(b) (i) In accordance with Section 4(1) of the Operational Rules, the record of all of the
proceedings of the Rate Commission shall be available to the public in accordance with the provisions of
Chapter 610 of the Revised Statutes of Missouri (2000), as amended from time to time.
(ii) The Secretary of the Rate Commission is designated the custodian of Rate
Commission Records for the purposes of requesting records from the Rate Commission.
Section 15. Record of Proceedings.
(a) The Secretary of the Rate Commission shall keep a full and true record of all the
proceedings of the Rate Commission, of all Documents ordered filed by the Rate Commission, and of all
resolutions adopted by the Rate Commission. These records shall be available for public inspection in the
office of the Secretary of the Rate Commission, during reasonable business hours, Monday through
Friday, except for legal holidays. The specific hours the records are available shall be posted at the
principal office of the Rate Commission.
(b) Copies of the Operational Rules and Procedural Schedule are available at no cost from
the Secretary of the Rate Commission.
(c) Copies of documents filed with the Rate Commission will be available on the District's
website. In addition, they may be requested from the Secretary of the Rate Commission in writing.
Copies shall be provided as follows:
(i) 1-10 copies, $0.10 per page;
(ii) 11-199 copies, $0.04 per page;
(iii) 200 or more copies, $0.02 per page;
plus postage, if mailed. In addition, an additional service charge will be made for actual labor costs for
locating and retrieving documents.
(c) The date of filing shall be the date the document is stamped filed by the Secretary of the
Rate Commission.
Section 16. Prepared Testimony.
(a) Prepared testimony shall be typed or printed in black type on white paper eight and one-
half by eleven -inch; it shall be double-spaced and pages numbered consecutively at the bottom right-hand
corner or bottom center beginning with the first page as page 1; it shall be filed unfolded and stapled
together at the top left-hand margin or bound at an edge in booklet form; and it shall be filed in sufficient
number of copies as required by order of the Presiding Officer, observing the following margins: left-
hand margin, one inch; top margin, one inch; right-hand margin, one inch; and bottom margin, one inch.
Printing on both sides of the paper is encouraged.
(b) Schedules shall bear the word "schedule" and the number of the schedule shall be typed
in the lower right-hand margin of the first page of the schedule.
(c) All prepared testimony and other exhibits and schedules shall contain the following
information in the following format on the upper right-hand corner of a cover sheet:
Exhibit No.: (to be marked by the hearing reporter)
Issue: (Stormwater Rate Change Proceeding)
Witness: (Full name of witness)
Type of Exhibit: (Speck whether direct, rebuttal,
surrebuttal or other type of exhibit)
Sponsoring Party: (Full name or name of first party (et al.))
Date Testimony Prepared: ( , 2018)
(d) The prepared testimony of each witness shall be filed separately and shall be
accompanied by an affidavit providing the witness' oath. Prepared testimony shall be filed on line -
numbered pages. Testimony which addresses more than one issue shall contain a table of contents.
(e) For the purpose of filing prepared testimony, direct, rebuttal, and surrebuttal testimony
are defined as follows:
(i) Direct testimony shall include all testimony and exhibits asserting and explaining
the Rate Setting Documents;
(ii) Rebuttal testimony shall include all testimony which explains why a party rejects,
disagrees or proposes an alternative to the Rate Setting Documents; and
(iii) Surrebuttal testimony shall be limited to material which is responsive to matters
raised in another parry's rebuttal testimony.
(f) No party shall be permitted to supplement prefiled prepared direct, rebuttal or surrebuttal
testimony unless authorized by the Presiding Officer.
(g) A party shall not be precluded from having a reasonable opportunity to address matters
not previously disclosed which arise at the hearing. This provision does not forbid the filing of
supplemental direct testimony for the purpose of replacing projected financial information with actual
results.
(h) Parties may file a stipulation as to the facts, in which event the same shall be numbered as
joint exhibit. This stipulation shall not preclude the offering of additional evidence by any party unless
otherwise agreed in the stipulation.
Section 17. Discovery Procedures.
(a) (i) Any person permitted to intervene, Legal Counsel and the Consultant shall be
permitted to request additional information and answers from the District regarding any element of the
Proposed Rate Change.
(ii) Legal Counsel and the Consultant, as well as the District may also request
additional information and answers from any other person who has been permitted to intervene regarding
any testimony submitted by such person.
(iii) The District may request additional information and answers from any person
permitted to intervene and the Consultant.
(b) (i) Any request for information shall set forth each question in clear and concise
language, leaving an appropriate place below each question for an answer or objection to be inserted. The
answers to the request for information shall be typewritten in the space provided. In the event an answer
is too lengthy to place in the space provided, it shall be attached as an appendix and clearly identified.
(ii) All such information and answers shall be provided within 10 days of the date the
request for such information and answers is received.
(c) All other discovery of the District and of persons permitted to intervene shall be
conducted in a series of the three on -the -record Technical Conferences held after each round of testimony
during which time each individual person submitting testimony in the immediately preceding round of
testimony shall answer questions propounded by the District, Legal Counsel and the Consultant, and any
person who has been permitted to intervene.
(d) No person shall be required to answer questions for a total period of more than three
hours, with the time evenly divided among all participants desiring to ask questions.
(e) A transcript of such Technical Conferences and the Prehearing Conference shall be made
and provided to the Rate Commission and made available to the participants at a price equal to the cost of
producing such transcripts.
(f) As provided in § 3(5) of the Operational Rules, any person who fails to answer relevant
and otherwise proper questions regarding such person's testimony, to make such person available for
questioning in the Technical Conferences, or to provide other information properly requested pursuant to
the Operational Rules and this Procedure Schedule shall be subject to having such person's testimony
disregarded by the Rate Commission.
Section 18. Testimony and Discovery Responses to be Presented Under Oath.
(a) Any written testimony or discovery response provided by any person permitted to
intervene, the District, or any person engaged by the Rate Commission to review the Proposed Rate
Change shall be accompanied by a notarized affidavit stating that the matters contained therein are true,
correct and complete to the best of such person's knowledge and belief.
(b) All persons answering questions or presenting testimony during any Technical
Conference shall do so under oath.
Section 19. Conduct of Meetings.
(a) The Chair, or the member of the Rate Commission designated by the Chair, shall serve as
presiding officer (the "Presiding Officer") at each of the Technical Conferences, Prehearing Conference,
and Public Hearings.
(b) The Presiding Officer shall rule on the admissibility of all evidence. Evidence to which
an objection is sustained, at the request of the party seeking to introduce the same or at the instance of the
Presiding Officer, nevertheless may be heard and preserved in the record, together with any cross-
examination with respect to the evidence and any rebuttal of the evidence, unless it is wholly irrelevant,
repetitious, privileged or unduly long. When objections are made to the admission or exclusion of
evidence, the grounds relied upon shall be stated briefly.
(c) The Presiding Officer may limit the number of witnesses, exhibits, or the time for
testimony, and make other procedural determinations, as necessary.
(d) The Presiding Officer may require the production of further evidence upon any issue.
The Presiding Officer may authorize the filing of specific evidence as a part of the record within a fixed
time after submission, reserving exhibit numbers, and setting other conditions for such production.
(e) Evidence for which a claim of confidentiality is made shall be filed in conformance with
a protective order approved by the Presiding Officer. Parties shall obtain a protective order prior to filing
of documentary evidence, except as permitted otherwise by the Presiding Officer.
(f) All testimony shall be taken under oath.
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Stormwater Rate Change Proceedings — 2018
ATTACHMENT 1
BEFORE THE RATE COMMISSION OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT
APPLICATION TO INTERVENE
files this Application to Intervene in the February 26, 2018 Stormwater Rate
Change Proceeding and submits the following information.
1. Applicant:
Name
Contact Person
Address
Telephone No.
Email Address
2. Applicant is is not represented by counsel. If yes, list name and contact
information of counsel below:
Law Firm (if applicable)
Contact Person
Address
Telephone No.
Email Address
3. Describe interest in proposed rate change:
4. Applicant will will not submit prepared testimony on this matter. If
Applicant will submit prepared testimony, Applicant agrees to respond to discovery that is submitted in
connection with the prepared testimony which Applicant has submitted.
Applicant
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Date: By:
An Application to Intervene will be deemed granted unless rejected by the Rate Commission.
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