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HomeMy Public PortalAboutExhibit RC 70- Rate Commission's Second Discovery Request to MSD 04072023BEFORE THE RATE COMMISSION OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT SECOND DISCOVERY REQUEST ISSUE: 2023 STORMWATER & WASTEWATER RATE CHANGE PROCEEDING WITNESS: METROPOLITAN ST. LOUIS SEWER DISTRICT SPONSORING PARTY: RATE COMMISSION DATE PREPARED: APRIL 7, 2023 Lashly & Baer, P.C. 714 Locust Street St. Louis, Missouri 63101 Exhibit RC 70 2 BEFORE THE RATE COMMISSION OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT For Consideration of a Stormwater & ) Wastewater Rate Change Proposal ) by the Rate Commission of the ) Metropolitan St. Louis Sewer District ) SECOND DISCOVERY REQUEST OF THE RATE COMMISSION Pursuant to §§ 7.280 and 7.290 of the Charter Plan of the Metropolitan St. Louis Sewer District (the “Charter Plan”), Restated Operational Rule § 3(7) and Procedural Schedule §§ 16 and 17 of the Rate Commission of the Metropolitan St. Louis Sewer District (the “Rate Commission”), the Rate Commission requests additional information and answers from the Metropolitan St. Louis Sewer District (the “District”) regarding the Rate Change Proposal dated March 24, 2023 (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. 3 DISCOVERY REQUEST 1. The Rate Change Proposal states that it is consistent with constitutional, statutory or common law as amended from time to time. See MSD Ex.1, p. 4-40, 4-41 and 5-7, 5-8. Please (a) describe the analysis that was performed to reach this conclusion; (b) provide copies of any memorandum, report, work paper, summary, analysis, or schedule that supports this conclusion; and (c) describe the rationale for such conclusion. WASTEWATER RESPONSE: STORMWATER RESPONSE: 2. The Rate Change Proposal states that it enhances the District’s ability to provide adequate sewer and drainage systems and facilities or related services. See MSD Ex. 1 p. 4-41, 5- 8. Please (a) describe the analysis that was performed to reach this conclusion; (b) provide copies of any memorandum, report, work paper, summary, analysis, or schedule that supports this conclusion; and (c) describe the rationale for such conclusion. WASTEWATER RESPONSE: STORMWATER RESPONSE: 3. The Rate Change Proposal states that it is consistent with and not in violation of any covenant or provision relating to any outstanding bonds or indebtedness of the District. See MSD Ex. 1, p. 4-41, 5-8. Please (a) describe the analysis that was performed to reach this conclusion; (b) provide copies of any memorandum, report, work paper, summary, analysis, or schedule that supports this conclusion; and (c) describe the rationale for such conclusion. WASTEWATER RESPONSE: STORMWATER RESPONSE: 4. The Rate Change Proposal states that it will not impair the ability of the District to comply with applicable federal or state laws or regulations as amended from time to time. See MSD Ex. 1, p. 4-41, 4-42 and 5-9. Please (a) describe the analysis that was performed to reach this conclusion; (b) provide copies of any memorandum, report, work paper, summary, analysis, or schedule that supports this conclusion; and (c) describe the rationale for such conclusion. WASTEWATER RESPONSE: STORMWATER RESPONSE: 4 5. The Rate Change Proposal states that it considers the financial impact on all classes of ratepayers in determining a fair and reasonable burden. See MSD Ex. 1, p. 4-42, 5-9 Please (a) describe the analysis that was performed to reach this conclusion; (b) provide copies of any memorandum, report, work paper, summary, analysis, or schedule that supports this conclusion; and (c) describe the rationale for such conclusion. WASTEWATER RESPONSE: STORMWATER RESPONSE: 6. Please identify any covenants with which the Rate Change Proposal must comply. Please describe any loans, grants, or provisions of the Consent Decree which were considered in formulating the Rate Change Proposal. RESPONSE: 7. Please describe how the District’s affordability metrics compare to similarly situated utilities. RESPONSE: 8. Please describe any facts and circumstances which demonstrate whether the Rate Change Proposal and all portions thereof is necessary to pay interest and principal falling due on bonds issued to: (a) finance assets of the District; (b) necessary to enable the District to provide for the costs of operation and maintenance; and (c) such other amounts as may be required to cover emergencies and anticipated delinquencies, as required by § 7.040 of the Charter Plan. WASTEWATER RESPONSE: STORMWATER RESPONSE: 9. Please describe any other facts and circumstances which demonstrate whether and to what extent the Rate Change Proposal and all portions thereof is necessary to enable the District to comply with any covenant or provision relating to outstanding bonds or indebtedness of the District, together with a specific quantification of the amount of the Proposed Rate Change is necessary for such purposes, as required by § 4(2)(c) of the Operational Rules. WASTEWATER RESPONSE: STORMWATER RESPONSE: 5 10. Please describe any facts and circumstances which demonstrate how the Rate Change Proposal considers the financial impact on all classes of ratepayers in determining a fair and reasonable burden, including whether and how cost of service considerations, have been factored into such determination as required by § 4(2)(e) of the Operational Rules. WASTEWATER RESPONSE: STORMWATER RESPONSE: 11. Please describe any facts and circumstances which demonstrate how the Rate Change Proposal considers the financial impact on all classes of ratepayers in determining a fair and reasonable burden, including whether and how cost causation principles, have been factored into such determination as required by § 4(2)(e) of the Operational Rules. WASTEWATER RESPONSE: STORMWATER RESPONSE: 12. Please describe any facts and circumstances which demonstrate how the Rate Change Proposal considers the financial impact on all classes of ratepayers in determining a fair and reasonable burden, including whether and how customer impact data has been factored into such determination as required by § 4(2)(e) of the Operational Rules. WASTEWATER RESPONSE: STORMWATER RESPONSE: 13. Please describe any facts and circumstances which demonstrate how the Rate Change Proposal considers the financial impact on all classes of ratepayers in determining a fair and reasonable burden, including whether and how economic development considerations have been factored into such determination as required by § 4(2)(e) of the Operational Rules. WASTEWATER RESPONSE: STORMWATER RESPONSE: 14. Please describe any facts and circumstances which demonstrate how the Rate Change Proposal considers the financial impact on all classes of ratepayers in determining a fair and reasonable burden, including whether and how environmental effects have been factored into such determination as required by § 4(2)(e) of the Operational Rules. WASTEWATER RESPONSE: 6 STORMWATER RESPONSE: 15. Please describe any other facts and circumstances which demonstrate how the Rate Change Proposal considers the financial impact on all classes of ratepayers in determining a fair and reasonable burden, including whether and how any other factors have been factored into such determination as required by § 4(2)(e) of the Operational Rules. WASTEWATER RESPONSE: STORMWATER RESPONSE: 16. Please (a) describe any other facts and circumstances which demonstrate that 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; and (b) include copies of all internal or external audit reports that address such matters as required by § 4(2)(f) of the Operational Rules. WASTEWATER RESPONSE: STORMWATER RESPONSE: 17. Please describe any other facts and circumstances which demonstrate how, whether and to what extent the Rate Change Proposal and all portions thereof, will affect, impact and comply with the Consent Decree, as required by § 4(2)(g) of the Operational Rules. WASTEWATER RESPONSE: STORMWATER RESPONSE: 18. Please provide copies of the CIRP, for both stormwater and wastewater, in Microsoft Excel format. RESPONSE: 19. With regard to the Stormwater CIRP, please describe in detail how projects are prioritized or scored. Has the District performed a District-wide study of stormwater capital improvement needs and/or priorities? If yes, please provide a copy of the study. RESPONSE: 7 20. With regard to the Stormwater impervious surface charge for non-residential properties, has the District analyzed the business impact on large properties [such as big-box stores, strip malls, industrial facilities] with large amounts of impervious surface? If yes, please provide a copy of such analysis. RESPONSE: 21. Brian Hoelscher states in his testimony that the District determined that residential customers “are willing to pay $2/month (or $25/year”) for a stormwater capital improvement program. See Ex. MSD 3A, p. 3; ll. 19-20. Please explain how the District made this determination. Provide a copy of the results of any survey or study supporting this conclusion. RESPONSE: 22. Please explain why the stormwater impervious surface charge does not qualify as a “tax” under Missouri law. Please provide a copy of any legal analysis relied upon by the District to make such conclusion. RESPONSE: 23. Two legal memoranda were provided to the Rate Commission by the District; one relating to the ad valorem stormwater tax (Ex. MSD 3B1) and another related to applying the stormwater capital rate to governmental entities and non-profits (Ex. MSD 3B2). Please provide a copy of any other legal memoranda or analysis relied upon by the District to conclude that the stormwater impervious surface charge applies to governmental entities and non-profit entities that are exempt from taxation. RESPONSE: 24. Would the presence or availability of third-party funding affect a particular project’s scoring/prioritization under the stormwater CIRP? Please explain why or why not. RESPONSE: 8 Respectfully submitted, /s/ Brian J. Malone Lisa O. Stump Brian J. Malone LASHLY & BAER, P.C. 714 Locust Street St. Louis, Missouri 63101 Tel: (314) 621-2939 Fax: (314) 621-6844 lostump@lashlybaer.com bmalone@lashlybaer.com CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing was sent by electronic transmission to Stephanie DeJarnette, Office Associate Senior, Metropolitan St. Louis Sewer District; Susan Myers, Counsel for the Metropolitan St. Louis Sewer District, on this 7th day of April, 2023. Ms. Stephanie DeJarnette Office Associate Senior Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103 sdejarnette@stlmsd.com Ms. Susan Myers General Counsel Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103 smyers@stlmsd.com /s/ Brian J. Malone Brian J. Malone