HomeMy Public PortalAboutExhibit MSD 76A- MSD's Response to the MIEC Application to InterveneBEFORE THE RA TE 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
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Exhibit MSD 76A
MSD'S RESPONSE TO THE APPLICATION TO INTERVENE OUT OF TIME OF THE
MISSOURI INDUSTRIAL ENERGY CONSUMERS
COMES NOW The Metropolitan St. Louis Sewer District (the "District") and 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(6) and Procedural Schedule§§ 2 of the Rate Commission
of the Metropolitan St. Louis Sewer District (the "Rate Commission"), the District hereby
responds to the Application to Intervene Out of Time of The Missouri Industrial Energy
Consumers dated May 10, 2023.
1.On March 24, 2023, the Rate Commission received from the District a Rate Change
Notice for Stormwater and Wastewater rates.
2.On March 24, 2023, the Rate Commission adopted the Resolution of the Rate
Commission of The Metropolitan St. Louis Sewer District to Adopt a Procedural
Schedule for the Consideration of a Rate Change Notice from The Metropolitan Sewer
District Concerning Stormwater and Wastewater Rates, and Authorizing the Actions of
Certain Officers of the Rate Commission (the "Resolution").
3.The Resolution approved and adopted a Procedural Schedule and Operational Rules.
Exhibit MSD 76A
4.Section 2(a) of the Procedural Schedule states, in part, that pursuant to §3(6) of the
Operational Rules, applications to intervene must be submitted on or before April 14,
2023.
5.Section 2(b) of the Procedural Schedule states that an application to intervene will be
deemed granted unless rejected by the Commission. To be consistent with the District's
Charter Plan, Procedural Schedule Section 2(b) must be interpreted to assume, for an
application to be deemed granted unless rejected by the Commission, that the application
to intervene was filed timely. Not 26 days late.
6.This late request to intervene by MIEC is prejudicial to the Rate Commission, the
District, and the District's customers.
7.Section 7 .280( d) of the District's Charter Plan states that " ... any ratepayer who wishes to
be heard on the Proposed Rate Change may testify or participate at any such hearing
provided that the procedural requirements established by the Rate Commission under
subsection ( e) of this Section are satisfied."
8.Section 7.280(e) of the District's Charter Plan states that "[i]n order to conduct its
proceedings with utmost expedition consistent with procedural fairness to the parties, the
Rate Commission shall without limitation adopt rules which provide for:
1.The advance submission of written testimony;
2.The conduct of prehearing conferences to define issues, and for other purposes to
insure orderly and expeditious proceedings;
3.Discovery both from the District and the parties to the proceedings; and
4.Limitation of testimony
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Exhibit MSD 76A
9.By intervening at this late date, the MIEC has prejudiced the process adopted by the Rate
Commission consistent with the District's Chatter Plan. Missing deadlines established in
the Procedural Schedule and Operational Rules causes procedural unfairness to the other
parties, including the Rate Commission.
10.MIEC failed to participate in the first of three Technical Conferences. Therefore, MIEC
will need to catch up and delay the process. This is not compliant with the District's
Charter Plan.
11.Consistent with the spirit of the District's Charter Plan and the Rate Commission's
Procedural Schedule and Operational Rules, the District requests that MIEC's
Application for Intervention be rejected. In the alternative, the District requests that
MIEC be allowed to participate in the Rate Change Process as a member of the public,
but not an intervener.
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Respectfully submitted, �ersM_@p/Q 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
Exhibit MSD 76A
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing was sent by electronic transmission
to Lisa 0. Stump and Brian J. Malone, Lashly & Baer, and Diana Plescia, Curtis, Heinz, Garrett
& O'Keefe on this 11th day of May, 2023.
Lisa 0. Stump
Lashly & Baer, P.C.
714 Locust Street
St. Louis, Missouri 63101
lostump@lashl ybaer. com
Brian J. Malone
Lashly & Baer, P.C.
714 Locust Street
St. Louis, Missouri 63101
bmalone@lashlybaer.com
Diana Plescia
Curtis, Heinz, Garrett & O'Keefe
130 S. Bemiston, Suite 200
Clayton, Missouri 63105
dplescia@chgolaw.com
4 �-�ye,f/1 illf JS-----
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