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Home My Public Portal AboutExhibit MSD 36A MSD Response to MIEC Fourth Discovery RequestExmI:1IT MSID 36A BEFORE THE RATE COMMISSION OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT JULY 22, 2011 FOURTH DISCOVERY REQUEST OF THE MISSOURI INDUSTRIAL ENERGY CONSUMERS Metropolitan St. Louis Sewer District Response ISSUE: WASTEWATER RATE CHANGE PROPOSAL WITNESS: METROPOLITAN ST. LOUIS SEWE " DISTRICT SPONSORING PARTY: MISSOURI INDUSTRIAL ENERGY CONSUMERS DATE PREPARED: JULY 28, 2011 Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, Missouri 63103 1 EXHIBIT MSD 36A BEFORE THE RATE COMMISSION OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT For Consideration of a Wastewater Rate Change Proposal by the Rate Commission of the Metropolitan St. Louis Sewer District JULY 22, 2011 FOURTH DISCOVERY REQUEST OF THE MISSOURI INDUSTRIAL ENERGY CONSUMERS Pursuant to §§ 7.280 and 7.290 of the Charter Plan of the Metropolitan St. Louis Sewer District (the "Charter Plan"), Operational Rule 3(2) and Procedural Schedule §§ 1, 14, 15 and 17 of the Rate Commission of the Metropolitan St. Louis Sewer District ("Rate Commission"), Metropolitan St. Louis Sewer District ("District") thereby responds to the Missouri Industrial Energy Consumers July 22, 2011 Fourth Discovery Request for additional information and answers regarding the Rate Change Proposal dated May 10, 2011 (the "Rate Change Proposal"). The District is requested to amend or supplement the responses to this Discovery Request, if the District obtains information upon the basis of which (a) the District knows that a response was incorrect when made, or (b) the District knows that the response, though correct when made, is no longer correct. The following Discovery Requests are deemed continuing so as to require the District to serve timely supplemental answers if the District obtains further information pertinent thereto between the time the answers are served and the time of the Prehearing Conference. 2 EXHIBIT MSD 36A JULY 22, 2011 FOURTH DISCOVERY REQUEST OF THE MISSOURI INDUSTRIAL ENERGY CONSUMERS Metropolitan St. Louis Sewer District Response 4-1. Has Black & Veatch provided an electronic copy, with all formulas intact, of the May 10, 2011 Metropolitan St. Louis Sewer District wastewater rate proposal to any MSD personnel? If so, please identify who from MSD received an electronic copy of the rate proposal, when it occurred, and identify the Black & Veatch personnel who provided the copy. RESPONDER: Susan Myers, MSD General Counsel RESPONSE: Pursuant to verbal clarification provided by MIEC's Attorney John Kindschuh during a phone conversation on July 1, 2011, MIEC made it clear that "an electronic copy, with all formulas intact, of the May 10, 2011 Metropolitan St. Louis Sewer District Wastewater Rate Proposal" really meant the Black & Veatch Rate Model in its electronic format. MSD will assume that MIEC's meaning is the same for this discovery request. Pursuant to that, the answer is no. 4-2. Has Black & Veatch provided access to any MSD personnel to view an electronic copy, with all formulas intact, of the May 10, 2011 Metropolitan St. Louis Sewer District wastewater rate proposal? If so, please identify who from MSD was provided access to review an electronic copy of the rate proposal, when it occurred, and identify the Black & Veatch personnel who provided the access. RESPONDER: Susan Myers, MSD General Counsel RESPONSE: Pursuant to verbal clarification provided by MIEC's Attorney John Kindschuh during a phone conversation on July 1, 2011, MIEC made it clear that "an electronic copy, with all formulas intact, of the May 10, 2011 Metropolitan St. Louis Sewer District Wastewater Rate Proposal" really meant the Black & Veatch Rate Model in its electronic format. MSD will assume that MIEC's meaning is the same for this discovery request. Pursuant to that, the answer is no. Ms. Jan Zimmerman did view the Black & Veatch Rate Model in its electronic format in 2004. Mr. Keith Barber of Black & Veatch ran the model while Ms. Zimmerman observed. 4-3. Has Black & Veatch provided an electronic copy, with all formulas intact, of the May 5, 2011 MSD wastewater utility cost of service study to any MSD personnel? If so, please identify who from MSD received an electronic copy of the cost of service study, when it occurred, and identify the Black & Veatch personnel who provided the copy. RESPONDER: Jan Zimmerman, MSD Director of Finance RESPONSE: Pursuant to verbal clarification provided by MIEC's Attorney John Kindschuh during a phone conversation on July 1, 2011, MIEC made it clear that "an electronic copy, with all formulas intact, of the May 10, 2011 Metropolitan St. Louis Sewer District Wastewater Rate Proposal" really meant the Black & Veatch Rate Model in its electronic format. MSD will assume that MIEC's meaning is the same for this discovery request. Pursuant to that the May 5, 2011 3 EXHIBIT MSD 36A referenced document is the Detailed Calculations underlying the May 10, 2011 Wastewater Rate Proposal. This document was provided as Exhibit MSD 4A as part of the District's submittal of the May 10, 2011 Wastewater Rate Proposal. The May 5, 2011 date represents the date upon which these detailed calculations were printed. The difference between the May 5th and May 10th dates solely represents the lapse of time needed by MSD's rate consultant to finalize the text and format of the Wastewater Rate Proposal document submitted on May 10, 2011 Also based on the District's interpretation of the request, the reference to a Cost of Service Study represents the District's May 10, 2011 rate change submittal entitled Wastewater Rate Proposal. The term Cost of Service Study is a generally accepted term in the rate design field for the service provided to design utility rates. The May 5, 2011 Cost of Service Study requested in 4-3 is the same as the May 10, 2011 MSD Wastewater Rate Proposal, therefore, pursuant to that, no Black & Veatch electronic copy, with all formulas intact was provided to any MSD personnel. Black 8z Veatch has not provide an electronic copy, with all formulas intact, of the referenced May 5, 2011 MSD wastewater utility cost of service study (i.e. May 10, 2011 MSD Wastewater Rate Proposal) to any MSD personnel. 4-4. Has Black & Veatch provided access to any MSD personnel to view an electronic copy, with all formulas intact, of the May 5, 2011 MSD wastewater utility cost of service study? If so, please identify who from MSD was provided access to review an electronic copy of the class cost of service study, when it occurred, and identify the Black & Veatch personnel who provided the access. RESPONDER: Jan Zimmerman, MSD Director of Finance RESPONSE: Pursuant to verbal clarification provided by MIEC's Attorney John Kindschuh during a phone conversation on July 1, 2011, MIEC made it clear that "an electronic copy, with all formulas intact, of the May 10, 2011 Metropolitan St. Louis Sewer District Wastewater Rate Proposal" really meant the Black & Veatch Rate Model in its electronic format. MSD will assume that MIEC's meaning is the same for this discovery request. Pursuant to that and the clarification of the dates and terms of the referenced cost of service study (i.e. MSD Wastewater Rate Proposal) provided in the District's response to Question 4-3, Black & Veatch has not provided access to an electronic copy, with all formulas intact, of the referenced May 5, 2011 MSD wastewater utility cost of service study to any MSD personnel. 4-5. Have any MSD staff members requested to see an electronic copy, with all formulas intact, of the May 10, 2011 Metropolitan St. Louis Sewer District wastewater rate proposal? If so, please identify who from MSD made the request, when it occurred, and describe how Black & Veatch responded to the request. RESPONDER: Susan Myers, MSD General Counsel 4 EXHIBIT MSD 36A RESPONSE: Pursuant to verbal clarification provided by MIEC's Attorney John Kindschuh during a phone conversation on July 1, 2011, MIEC made it clear that "an electronic copy, with all formulas intact, of the May 10, 2011 Metropolitan St. Louis Sewer District Wastewater Rate Proposal" really meant the Black & Veatch Rate Model in its electronic format. MSD will assume that MIEC's meaning is the same for this discovery request. Pursuant to that, the answer is no. 4-6. Have any MSD staff members requested to see an electronic copy, with all formulas intact, of the May 5, 2011 MSD wastewater utility cost of service study? If so, please identify who from MSD made the request, when it occurred, and describe how Black & Veatch responded to the request. RESPONDER: Jan Zimmerman, MSD Director of Finance RESPONSE: Pursuant to verbal clarification provided by MIEC's Attorney John Kindschuh during a phone conversation on @y 1, 2011, MIEC made it clear that "an electronic copy, with all formulas intact, of the May 10, 2011 Metropolitan St. Louis Sewer District Wastewater Rate Proposal" really meant the Black & Veatch Rate Model in its electronic format. MSD will assume that MIEC's meaning is the same for this discovery request. Pursuant to that and the clarification of the dates and terms of the referenced May 5, 2011 cost of service study (i.e. MSD Wastewater Rate Proposal) provided in the District's response to Question 4-3, no MSD personnel has requested to see the Black & Veatch electronic copy, with all formulas intact, of the referenced May 5, 2011 MSD wastewater utility cost of service study. /h Susan Myers, General Counsel METROPOLITAN ST. LOUIS SEWER DISTRICT 2350 Market Street St. Louis, Missouri 63103 Email: smyers@stlmsd.com Tel: (314) 768-6200 Fax: (314) 768-6372 /\/ 5 EXHIBIT MSD 36A CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 28h day of July, 2011: An electronic copy of the foregoing instrument was emailed to the Secretary of the Rate Commission c/o jfenton@stlmsd.com SECRETARY OF RATE COMMISSION: Ms. Nancy Bowser Secretary of Rate Commission Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103-2555 robowser@swbell.net At the request of Rate Commission Counsel, one paper original and associated Exhibits are held at the Rate Commission office for Commissioner review. An electronic copy of the foregoing instrument was emailed and one paper copy and associated Exhibits were couriered to: RATE COMMISSION LEGAL COUNSEL: Lisa O. Stump, Esq. Lashly & Baer, P.C. 714 Locust Street St. Louis, MO 63101 lostump@lashlybaer.com RATE COMMISSION CONSULTANT: Mr. William Stannard President Raftelis Financial Consultants, Inc. 3013 Main Street Kansas City, MO 64108 wstannard@raftelis.com COVIDIEN: Mr. Randy Meyer Utility Manager Covidien 3600 North 2nd Street St. Louis, MO 63147 Randy.Meyer@covidien@com 6 EXHIBIT MSD 36A ROBERT A. MUELLER: Mr. Robert A. Mueller 16 Ladue Crest Lane St. Louis, MO 63124 ramreco@sbcglobal.net BARNES JEWISH HOSPITAL: Ms. Lisa Langeneckert Sandberg, Phoenix and VonGontard P.C. One City Centre, Suite 1500 St. Louis, MO 63101 langeneckert@sandbergphoenix.com MISSOURI INDUSTRIAL ENERGY John Kindschuh, Esq. CONSUMERS: Bryan Cave, LLP 211 N. Broadway, Suite 3600 St. Louis, MO 63102 John.kindschuh@bryancave.com Diana M. Vuylesteke, Esq. Bryan Cave, LLP 211 N. Broadway, Suite 3600 St. Louis, MO 63102 dmvuylesteke@bryancave.com Susan Myers, General Counsel METROPOLITAN ST. LOUIS SEWER DISTRICT 2350 Market Street St. Louis, Missouri 63103 Email: smyers@stlmsd.com Tel: (314) 768-6200 Fax: (314) 768-6372 7