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HomeMy Public PortalAboutExhibit MSD 70A- MSD's Response to Rate Commission's Second Discovery RequestExhibit MSD 70A BEFORE THE RATE COMMISSION OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT MSD’S RESPONSE TO THE SECOND DISCOVERY REQUEST OF THE RATE COMMISSION SPONSORING PARTY: RATE COMMISSION ISSUE:2023 STORMWATER & WASTEWATER RATE CHANGE PROCEEDING WITNESS:METROPOLITAN ST. LOUIS SEWER DISTRICT DATE PREPARED:APRIL 17, 2023 1 Exhibit MSD 70A 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 Metropolitan St. Louis Sewer District (the “District”) hereby responds to the April 7, 2023 Second Discovery Request of the Rate Commission for additional information and answers regarding the Rate Change Proposal dated March 24, 2023 (the “Rate Change Proposal”). 2 Exhibit MSD 70A 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 Exhibit MSD 70A 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.l, 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: See MSD Exhibit 1, Section 4.11(1) -pg. 4-40. STORMWATER RESPONSE: See MSD Exhibit 1, Section 5.5(1) -pg 5-7. 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: See MSD Exhibit 1, Section 4.11(2) -pg. 4-41 STORMWATER RESPONSE: See MSD Exhibit 1, Section 5.5(2) -pg 5-8 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: The Rate Change Proposal was developed to comply with the covenants of outstanding bonds or indebtedeness. Section 6 1 of the Master Bond Ordinance (Exhibit MSD 15) requires the District to' (i) prescribe, fix, maintain, and collect rates, fees, and other charges for the services, facilities, and commodities furnished by the System fully sufficient at all times to provide for 100% of operation and maintenance expenses andfor the accumulation of a reasonable reserve (ii) produce Net Operating Revenues in each fiscal year that will equal at least 125%) (1.25x) of the Debt Service Requirement on all Senior Bonds then outstanding and 115% (1.15x) of the debt service requirement on all bonds outstanding for the year of computation (Hi) meet the costs of major renewals, replacements, repairs, additions, betterments, and improvements to the System, necessary to keep the same in good operating condition or as is required by any governmental agency having jurisdiction over the System 4 Exhibit MSD70A The Wastewater Financial Plan (Table 4-10) in the Rate Change Proposal shows that the proposed rates are expected to be sufficient to cover operating expenses, maintain an adequate reserve (see section 4.7, pg 4-20, of the Rate Change Proposal), and fund the CIRP while maintaining debt coverage ratios above the required minimums Senior and Subordinate Bonds Sections 5.3 and 5 4 of the Master Bond Ordinance specify additional bond tests for new issuances, requiring. (i) a report by an Independent CPA to the effect that historical net operating revenues and investment earnings for a period of 12 consecutive months of the most recent 18 consecutive months prior to the issuance of either Senior Bonds or Subordinate Bonds were equal to at least (a) 125% of the Maximum Annual Debt Service Requirement on all Senior Bonds which will be Outstanding immediately after the issuance of the proposed Subordinate Bonds and (b) 115°/o of the Maximum Annual Debt Service Requirement on all Bonds which will be Outstanding immediately after the issuance (such calculations may include proforma adjustments to historical net operating revenues equal to 100%o of the increased annual amount attributable to any revision in the schedule of rates, fees, and charges for the services, facilities, and commodities furnished by the System, adopted prior to the date of delivery of the proposed Subordinate Bonds and not fully reflected in the historical Net Operating Revenues actually received during such 12-month period), or (ii) a report by a Consultant to the effect that the forecasted net operating revenues and investment earnings for each year in the forecast period are expected to equal to at least (a) 125% of the Maximum Annual Debt Service Requirement on all Senior Bonds which will be Outstanding immediately after the issuance of the proposed Subordinate Bonds and (b) 115%> of the Maximum Annual Debt Service Requirement on all Bonds which will be Outstanding immediately after the issuance The net operating revenues and debt service totals projected in the Rate Change Proposal and Rate Model show that the proposed rates are expected to be sufficient to meet this test. Reasonable Charges Section 6.7 of the Master Bond Ordinance requires that “none of the facilities or services afforded by the System will be furnished to any user without a reasonable charge being made therefor ” The Rate Change Proposal does not assume or propose that any service be provided for free. STORMWATER RESPONSE: See MSD Exhibit 1, Section 5.5(3) -pg 5-8 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 5 Exhibit MSD 70A 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: See MSD Exhibit 1, Section 4.11(4) -pg. 4-41. STORMWATER RESPONSE: See MSD Exhibit 1, Section 5.5(4) -pg. 5-8 & 5-9 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: See MSD Exhibit 1, Section 4 11(5) In addition, please see MSD Ex 1, p ES-4 for discussion on cost-of-service analysis. MSD Ex 1, §4 9 - §4 10provide further discussion of the analysis Additional analysis details can be found in MSD Ex. 60 and in testimony provided by Thomas Beckley in MSD Ex. 3K, pp. 4-9. STORMWATER RESPONSE: See MSD Exhibit 1, Section 5.5(5) -pg 5-9 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. WASTEWATER RESPONSE: In addition to the Senior Bonds contemplated in the Rate Change Proposal, the District also assumes the use of State Revolving Fund (SRF) loans and a Wastewater Infrastructure Finance and Innovation Act (WIFIA) loan Debt covenants are described in the answer to Question 3 above and the loans are generally described in Tim Snoke’s Direct Testimony (Exhibit MSD 3H) and expected to be structured substantially simdar to previous debt agreements. The District also expects to receive $3 million in American Rescue Plan Act (ARPA) grants through the state in FY25 for a sanitary relief project STORMWATER RESPONSE: The District expects to receive almost $19 million in American Rescue Plan Act (ARPA) grants through the state in the FY25-FY28 rate cycle for various projects 7. Please describe how the District’s affordability metrics compare to similarly situated utilities. RESPONSE: Please see Exhibit MSD 70B 6 Exhibit MSD 70A 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: See MSD Exhibit 1, Section 4 8, pages 4-21 to 4-27. STORMWATER RESPONSE: Not applicable - the District is not proposing funding the stormwater capital plan with bonds and stormwater revenue is not pledged for repayment of the District’s outstanding debt 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: There are no additional facts and circumstances. STORMWATER RESPONSE: There are no additional facts and circumstances. 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: Please see Exhibit MSD1 (Rate Change Proposal), item 5 on page 4-42 STORMWATER RESPONSE: Please see Exhibit MSD1 (Rate Change Proposal), item 5 on page 5-9. 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: See MSD Exhibit 1, item 5 on page 4-42 and §4.9 -§4.10 starting on page 4-25 7 Exhibit MSD70A STORMWATER RESPONSE: Please see Exhibit MSD1 (Rate Change Proposal), item 5 on page 5-9 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: See MSD Exhibit 1, item 5 on page 4-42. In addition, customer impact data can be found in Section 6 of MSD Exhibit 1, starting on page 6-1 STORMWATER RESPONSE: Please see Exhibit MSD 1 (Rate Change Proposal), item 5 on page 5-9. In addition, customer impact data can be found in Section 6 of MSD Exhibit 1, starting on page 6-4 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: See MSD Exhibit 1, item 5 on page 4-42 and §4.9-§4 10 starting on page 4-25. The Rate Change Proposal does not consider economic development. STORMWATER RESPONSE: Please see Exhibit MSD 1 (Rate Change Proposal), item 5 on page 5-9. The Rate Change Proposal does not consider economic development 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: The core ofMSD’s business is regulated by the Clean Water Act (CWA) The Rate Change Proposal was developed by reviewing all the known regulatory needs that will have to be met over the next four years. That includes compliance with existing regulations and the consent decree. See MSD Exhibit 1, Section 4 6, pg 4-15. STORMWATER RESPONSE: No improvements will negatively impact the environment while many will improve the environment (i e erosion control) See MSD Exhibit 1, Section 5 1(3) - pg 5-8 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 8 Exhibit MSD70A 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: There are no additional facts and circumstances. STORMWATER RESPONSE: There are no additional facts and circumstances 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:: a. There are no additional facts or circumstances. b. The following audit reports have been provided as Exhibits MSD 70C thru 70L. The exhibits include audit reports prepared within the current MSD Rate cycle STORMWATER RESPONSE: a. There are no additional facts or circumstances. b. The following audit reports have been provided as Exhibits MSD 70C thru 70L The exhibits include audit reports prepared within the current MSD Rate cycle. 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: There are no additional facts or circumstances. STORMWATER RESPONSE: The Stormwater Proposal will have no impact on compliance with the Consent Decree. 18. Please provide copies of the CIRP, for both stormwater and wastewater, in Microsoft Excel format. RESPONSE: See MSD Exhibits 70Mand 7ON 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. 9 Exhibit MSD 70A RESPONSE: The identification and prioritization ofprojects to be included in the Capital Improvement and Replacement Program is a multi -step process, requiring monitoring and updating to ensure that the highest priority problems within the District are addressed in a timely manner, given funding available These stages include project identification, conceptual solution, preliminary study, final design, and construction At each step in the process, the project scope is reevaluated to verify that it continues to meet regulatory requirements and customers' needs. The project cost is updated, and the project's priority is assessed with the goal that the highest priority projects are funded first Stormwater projects are identified to address flooding and erosion issues and are prioritized based upon the severity of the flooding and erosion and the overall benefit to the property. Types of stormwater flooding problems listed in order of severity include: structure flooding, roadway flooding, and yard flooding Types of erosion problems listed in order of severity include, stream erosion threatening a structure, stream erosion threatening a road, and yard erosion. Benefit points for a flooding problem are assigned based on the severity of the problem and the frequency of the flooding. For example, chronic flooding of a house would be assigned more benefit points than infrequent flooding of a yard. Benefit points for an erosion problem are assigned based on the height of the streambank and the distance to the structure For example, a house that is 20 feet from a 10 foot high streambank would be assigned more benefit points than a structure that is 50 feet from a 5 foot high streambank In order to maximize the benefits per dollar spent on a project, a benefit/cost ratio is calculated to determine the project priority ranking. Benefit points are totaled for the properties that benefit from the project, and the points are divided by the cost of the project in thousands to determine the project priority ranking For example, a project with 100 benefit points divided by lOOKproject costs would have a priority ranking of 1.00. Prioritization Worksheet Guidelines as Exhibit MSD 700 and the Prioritization Worksheet as Exhibit MSD 70P have been provided. The most recent District-wide Stormwater study has been provided as Exhibit MSD 70Q. 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: Please see Exhibits 30C and 30D below that were included in the 2018 Stormwater Rate Proposal The “Stormwater Capital Rate Annual Charges ” column of these reports will be 15-20% larger than shown here due to the increase in overall revenues being requested in the 2023 Rate Proposal, assuming these properties still consist of the same amount of impervious area MSD is not privy to the financial information relating to these customers, but do not believe that the proposed changes would represent an undue hardship 10 Exhibit MSD70A 2018 Stormwater Rate Proposal Exhibit MSD 30C Potential Annual Charges from SW Capital Rate 2018 Stormwater Rate Proposal Exhibit MSD SOD Customer Address Impervious Area SW Capital Rate Annual Charge Before FY22 FY22and After WEST COUNTY MALL CMBS LLC 4 WEST COUNTY CTR DES PERES, 63131 959,326 $ 6,642 $ 9,963 LOWES HOME CENTERS INC 3180 N HIGHWAY 67 ST FLORISSANT, 63033 514,640 $ 3,564 $ 5,346 CORTEX INNOVATION DISTRICT Multiple 4,337,966 $ 30,024 $ 45,036 WALMART REAL ESTATE BUSINESS TRUST 10741 W FLORISSANT AVE FERGUSON, 63136 409,782 $ 2,844 $ 4,266 PARKWAY CONSOLIDATED SCHOOL DISTRICT 347 N WOODS MILL RD CHESTERFIELD, 63017 1,713,318 $ 11,862 $ 17,793 25 Largest Customers by Impervious Area Customer Impervious Area Annually Total Impervious and Real Property Taxes2 SW Capital Rate Charges Regulatory Tax |O&M Tax Before FY22 FY22 and After Calendar Yea r2017 CITY OF ST LOUIS 29,383,754 $203,418 $305,127 $-$-$305,127 CITY OF ST LOUIS FOREST PARK 13,320,683 $92,214 $138,321 $-$-$138,321 MCDONNELL DOUGLAS CORPORATION 10,768,276 $74,556 $111,834 $13,190 $68,124 $193,148 CHRYSLER CORPORATION 10,568,755 $73,170 $109,755 $267 $1,378 $111,400 BOARD OF EDUCATION CITY OF ST LOUIS 7,935,612 $54,936 $82,404 $-$-$82,404 DUKE REALTY LIMITED PARTNERSHIP 7,138,789 $49,428 $74,142 $17,314 $89,427 $180,884 BOEING 6,358,580 $44,028 $66,042 $286 $1,479 $67,808 CITY OF ST LOUIS-MSDAIR 5,628,483 $38,970 $58,455 $993 $5,127 $64,575 ANHEUSER BUSCH 5,410,088 $37,458 $56,187 $6,627 $34,226 $97,040 CHAPTER 100 ST LOUIS COUNTY 4,740,939 $32,814 $49,221 $9,898 $51,122 $110,241 ST LOUIS COUNTY WATER COMPANY 4,603,664 $31,878 $47,817 $2,304 $11,902 $62,023 MANHEIM SERVICES CORPORATION 4,287,900 $29,682 $44,523 $949 $4,900 $50,371 SAINT LOUIS UNIVERSITY 4,272,708 $29,574 $44,361 $-$-$44,361 STATE OF MISSOURI 3,853,366 $26,676 $40,014 $-$■-$40,014 MSCI 2007-IQ13 RETAIL 5555 LLC 3,764,971 $26,064 $39,096 $6 $30 $39,131 MONSANTO COMPANY 3,618,253 $25,056 $37,584 $13,853 $71,550 $122,987 WASHINGTON UNIVERSITY 3,339,606 $23,112 $34,668 $-$-$34,668 THF CHESTERFIELD DEVELOPMENT LLC 3,314,810 $22,950 $34,425 $5,794 $29,926 $70,145 SCHNUCK MARKETS INC 3,305,991 $22,896 $34,344 $1,869 $9,654 $45,867 ST LOUIS COUNTY 3,165,233 $21,906 $32,859 $-$R $32,859 LHRET ST LOUIS THE LLC 3,065,041 $21,222 $31,833 $663 $3,426 $35,922 TARGET CORPORATION 2,968,081 $20,556 $30,834 $3,395 $17,534 $51,763 GKN AEROSPACE NORTH AMERICA INC 2,707,515 $18,738 $28,107 $508 $2,624 $31,239 BARNES-JEWIISH HOSPITAL 2,680,666 $18,558 $27,837 $-$-$27,837 HUSSMANN CORPORATION 2,477,228 $17,154 $25,731 $720 $3,721 $30,172 1. The customer is identified as tax exempt. 2. Total for SW Capital Rate Charges (FY22 and After) plus Regulatory Tax and O&M Tax, Where possible, the District grouped customers by like name. Where customer names were similar but not the same (e.g. City of St. Louis, City of St. Louis City Hall, and City of St. Louis Water Department) they were grouped together. This process is not perfect, and could result in customers mistakenly being left out of a group in which they belong or added into a group where no association really exists. 11 Exhibit MSD 70A 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 3 A, p. 3; 11.19-20. Please explain how the District made this determination. Provide a copy of the results of any survey or study supporting this conclusion. RESPONSE: See Exhibit MSD 7 OR for the survey data for our customers from 2021 Q3 and Q4 of calendar year 2021 showing that the acceptable median monthly charge for stormwater services is $2/month. Note that the results of the last election held for this service, that was set at this same monthly charge, was voted down 53% - 47%. 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: See Susan Myers ’ Direct Testimony, Exhibit MSD 3B, answer #8. 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: All public documents have been provided Any other documents are considered Closed Records under the Missouri Sunshine Law RSMo §610.021(1). 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: No. Prioritization is not impacted by local contributions. This provides a fair and equitable use of all of the taxpayer supplied revenue regardless of the financial/economic situation of a particular area of the District The proposed local grant program provides a funding source that can be used in conjunction with funding from local communities who are able to provide additional local funding for a project 12 Exhibit MSD 70A Respectfully submitted, Brian Stone THE METROPOLITAN ST. LOUIS SEWER DISTRICT 2350 Market Street St. Louis, Missouri 63103 Tel: (314)768-6366 smyers@stlmsd.com bstone@stlmsd. com 13 Exhibit MSD 70A CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing was sent by electronic transmission to Lisa O. Stump and Brian J. Malone, Lashly & Baer, on this 17th day of April, 2023. Lisa O. Stump Lashly & Baer, P.C. 714 Locust Street St. Louis, Missouri 63101 lostump@lashlybaer.com Brian J. Malone Lashly & Baer, P.C. 714 Locust Street St. Louis, Missouri 63101 bmalone@lashlybaer. com Susan M. Myers / Brian Stone THE METROPOLITAN ST. LOUIS SEWER DISTRICT 2350 Market Street St. Louis, Missouri 63103 Tel: (314) 768-6366 smyers@stlmsd.com bstone@stlmsd. com 14