HomeMy Public PortalAboutExhibit RC 106 - Resolution Adopting Revised Procedural ScheduleRESOLUTION 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
WASTEWATER AND 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, and March 4, 2015 (the "Operational Rules") to govern the
activities of the Rate Commission; and
WHEREAS, the Rate Commission received on February 26, 2015, from the District a
Rate Change Notice for wastewater and 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, 2015, 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 4, 2015, the Rate Commission adopted a Procedural Schedule in
accordance with the Operational Rules and Plan sufficient to issue its Report by June 26, 2015;
and
WHEREAS, on March 14, 16 and 18, 2015, Public Notice of the Rate Commission
Proceedings was published in the St. Louis Post Dispatch and on March 12, 19 and 26, 2015, in
the St. Louis American; and
WHEREAS, on. April 10, 2015, Intervenor, Missouri Industrial Energy Consumers
("MIEC"), filed with the Rate Commission a Request to Modify the Procedural Schedule and
Stay Current Proceedings for the 2015 Rate Case (the "Request"), which essentially requests that
the additional 45 days be included within the Procedural Schedule. The Request argues 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, 2015; and
WHEREAS, on April 17, 2015, 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 14, 2015, the Board of Trustees granted the Rate Commission
request for extension until August 10, 2015, to file its Report; and
WHEREAS, the Rate Commission fmds 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,
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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
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. Waiver of Section 3(9) of the Operational Rules. The Rate Commission
recognizes that Section 3(9) of its Operational Rules requires the parties to submit Prehearing
Conference Reports within five (5) business days of the conclusion of the Prehearing
Conference. However, because of the timing of the Prehearing Conference and the July 4
Holiday, in adopting the attached Procedural Schedule, the Rate Commission waives this
requirement of Section 3(9) of the Operational Rules.
Section 4. 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 5. Rate Commission Report. The Rate Commission intends to deliver its
Rate Commission Report to the Board representing the majority view and minority views, if any,
of the Rate Commission Delegates no later than August 10, 2015.
Section 6. 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 7. 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
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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 8.
Resolution.
Section 9.
its passage.
Governing Law. The laws of the State of Missouri shall govern this
Effective Date. This Resolution shall become effective immediately upon
ADOPTED by the Rate Commission this 20th day of May, 2015.
THE RATE COMMISSION OF THE
METROPOLITAN ST. LOUIS SEWER
DISTRICT
By atttlJ. P.
Its
ATT]E':
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Se cre 'ac;
Its
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EXHIBIT A
REVISED PROCEDURAL SCHEDULE
OF THE RATE COMMISSION OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT
FOR CONSIDERATION OF A WASTEWATER
AND 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, and March 4, 2015, and a Resolution of the
Rate Commission adopted on March 4, 2015, the following Procedural Schedule shall apply
during the consideration of the Wastewater and 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 3, 2015, 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) why the Proposed Rate Change set forth in the Rate Change Notice is
necessary, fair and reasonable;
(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;
(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; and
(vii) 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 20, 2015, 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 Wastewater and 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
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at the Metropolitan St. Louis Sewer District, 2350 Market Street, St. Louis, Missouri 63103 on
April 8, 2015, at 1:00 p.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 11, 2015,
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 20, 2015, 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 June 5, 2015, 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 17, 2015, 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 26, 2015, 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
July 8, 2015, 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)
(b)
Rate Change;
permit ratepayers and taxpayers to testify regarding the Proposed Rate Change;
permit management of the District and the Board to testify regarding the Proposed
(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 11, 2015
O'Fallon Park
Recreation Center
4343 West Florissant Ave.
St. Louis, MO 63115
6:00 p.m.
May 12, 2015
The Pointe at Ballwin
Commons (Ballwin
Rec Center)
1 Ballwin Commons Circle
Ballwin, MO 63021
6:00 p.m.
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Date
Location -
Address
Time
May 13, 2015
Normandy City Hall
Council Chambers
7700 Natural Bridge
St. Louis, MO 63121
6:00 p.m.
May 16, 2015
Tesson Ferry Branch
Library
9920 Lin -Ferry Drive
St. Louis, MO 63123
10:00 a.m.
May 19, 2015
Carondelet Park Rec
Complex
930 Holly Hills Ave.
St. Louis, MO 63111
6:00 p.m.
May 20, 2015
Center of Clayton
(Clayton Rec Center)
50 Gay Ave.
Clayton, MO 63105
6:00 p.m.
May 26, 2015
International Institute
of St. Louis
Gymnasium
3401 Arsenal Street
St. Louis, MO 63118
6:30 p.m.
May 27, 2015
Wildwood City Hall
16860 Main Street
Wildwood, MO 63040
6:00 p.m.
June 9, 2015
Metropolitan St. Louis
Sewer District
2350 Market Street
St. Louis, MO 63103
9:00 a.m.
July 10, 2015
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:
"Wastewater and 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,
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attorney.
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(a�stlmsd.com. Copies of all
documents filed will then be made available on the District's website.
(c) Each document must contain the legend "Wastewater and 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 party'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
(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.
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(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.
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(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 comer 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.
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(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: (Wastewater and Stormwater Rate Change Proceeding)
Witness: (Full name of witness)
Type of Exhibit: (Specify whether direct,
rebuttal, surrebuttal or other type of exhibit)
Sponsoring Party: (Full name or name of first party (et al.))
Date Testimony Prepared: ( , 2015)
(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 addressesrmore 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 party'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 fmancial
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.
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(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.
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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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Wastewater and Stormwater Rate Change Proceedings —2015
EXHIBIT A
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, 2015
Wastewater and Stormwater Rate Change Proceedings.
1. Applicant submits the following information:
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
By:
An Application to Intervene will be deemed granted unless rejected by the Rate
Commission.
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