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HomeMy Public PortalAboutExhibit MSD 24A MSD Response to Third Discovery Request MIECEXHIBIT MSD 24A BEFORE THE RATE COMMISSION OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT JULY 13, 2011 THIRD DISCOVERY REQUEST OF THE MISSOURI INDUSTRIAL ENERGY CONSUMERS Metropolitan St. Louis Sewer District Response ISSUE: WASTEWATER RATE CHANGE PROPOSAL WITNESS: METROPOLITAN ST. LOUIS SEWER DISTRICT SPONSORING PARTY: MISSOURI INDUSTRIAL ENERGY CONSUMERS DATE PREPARED: July 20, 2011 Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, Missouri 63103 3671508.1 1 EXHIBIT MSD 24A 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 13, 2011 THIRD 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 13, 2011 Second 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. 3671508.1 2 EXHIBIT MSD 24A JULY 13, 2011 THIRD DISCOVERY REQUEST OF THE MISSOURI INDUSTRIAL ENERGY CONSUMERS Metropolitan St. Louis Sewer District Response 3-1. Please provide a complete copy of the July 28, 2010 Rate Consulting Services Agreement between MSD and Black & Veatch referenced in MSD's response to MIEC Discovery Request 2-1. RESPONDER: Jan Zimmerman, MSD Director of Finance RESPONSE: The requested information is provided as Exhibit MSD 24B. 3-2. Please provide a complete copy of the July 11, 2011 Rate Consulting Services Agreement between MSD and Black & Veatch referenced in MSD's response to MIEC Discovery Request 2-1. RESPONDER: Jan Zimmerman, MSD Director of Finance RESPONSE: The requested information is provided as Exhibit MSD 24C. 3-3. Please provide any correspondence, documents, agreements, e -mails, and/or other communications from MSD and/or Black & Veatch regarding MSD's decision to designate the electronic copy, with all formulas intact, of the Black & Veatch May 10, 2011 MSD Wastewater Rate Proposal as proprietary. RESPONSE RESPONDER: Susan Myers, MSD General Counsel. RESPONSE: There are no documents related to this request. MSD's position is as stated in MSD Exhibit 19B, Question 2-1. 3-4. Please provide any correspondence, documents, agreements, e -mails, and/or other communications from MSD and/or Black & Veatch regarding MSD's position that if another party, such as the MIEC, were to request that Black & Veatch run a new scenario with its model, the MIEC would be responsible for paying Black & Veatch to process this request. RESPONDER: Susan Myers, MSD General Counsel RESPONSE: There are no documents related to this request. MSD's position is as stated in MSD Exhibit 19B, Question 2-1. 3671508.1 3 EXHIBIT MSD 24A 3.5. Please provide any correspondence, documents, agreements, e -mails, and/or other communications from MSD and/or Black & Veatch involving MSD and Black & Veatch negotiating, drafting, and finalizing the July 28, 2010 and July 11, 2011 Rate Consulting Agreements. RESPONDER: Jan Zimmerman, MSD Director of Finance RESPONSE: The requested information is provided as Exhibits 24D and 241)1 1/1/ usan Myers, General Cothsel ETROPOLITAN ST. LOUIS SEWER DISTRICT 2350 Market Street St. Louis, Missouri 63103 smyers@stlmsd.com Tel: (314) 768-6200 Fax: (314) 768-6372 3671508.1 4 EXHIBIT MSD 24A CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 20th day of July, 2011: An electronic copy of the foregoing instrument was emailed to the Secretary of the Rate Commission c/o jfenton cr,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: RATE COMMISSION CONSULTANT: COVIDIEN: Lisa O. Stump, Esq. Lashly & Baer, P.C. 714 Locust Street St. Louis, MO 63101 lostump(&,1ashlybaer.com Mr. William Stannard President Raftelis Financial Consultants, Inc. 3013 Main Street Kansas City, MO 64108 wstannard@raftelis.com Mr. Randy Meyer Utility Manager Covidien 3600 North 2nd Street St. Louis, MO 63147 Randy.Meyer@covidien(2i com 3671508.1 5 EXHIBIT MSD 24A 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. corn 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 Couns METROPOLITAN ST. LOUIS SEWER DISTRICT 2350 Market Street St. Louis, Missouri 63103 Email: smyers@stlmsd.com Tel: (314) 768-6200 Fax: (314) 768-6372 3671508.1 6